Our residential property legal practitioners are also able to face evictions on residential or commercial properties located Stratford Green, (
Eerste Rivier) in all Cape Town. Residential property proprietors as well as landlords need to make sure to legally evict a non-paying lessee and at no time resort to methods that refute the lawful expulsion of tenants.
The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) is actually an act of the Parliament of South Africa in which came into effect on 5 June, 1998, and which undertakes to protect against unreasonable eviction removals.
Tenants Not Paying Rent
What must you do when a lessee refrains from paying their renal commitments? Instruct an legal representative to start eviction process? Secure a financial debt judgment? Or even get to an understanding with the lessee that enables them to settle what you are owed?
It really resides in lessors primary interests never the less to terminate the lease and evict the defaulting lessees as soon as possible as the prerogative ought to be to removed and replace a delinquent occupant with a paying resident.
Getting Tenants Out
An wrongful occupier can go to the court hearing on the day the case is ascribed and fight for himself if he believe that the eviction unwarranted.
Lease Agreements
Regardless of the fact that it is not a judicial criteria to have a recorded lease agreement, it’s ardently advocated. The lease contract should outline each of the terms– for both of these individuals– of the tenancy. The lease contract ensures security to both of landlord and occupant in the event of any individual defaulting on their committals.
Urgent Evictions
Section 5 of the Land Act deals with so called urgent evictions. Very significantly one must prove to a magistrate that there actually is and will likely be considerable personal injury to persons (that may include the unauthorised occupants themselves) or damages to the property should the court order is not awarded. The immediate eviction is actually so formidable, that it offsets the defiant tenant or the wrongful inhabitant being required by the law court to abandon the residential or commercial property within 1 day, neglecting which the sheriff of the court is mandated to emphatically evict the illegal resident off the residential property.
Time & Cost of Evictions
As an lessee can elect to part with a house at just about any time throughout the eviction procedure, the expense can significantly fluctuate with each circumstance. The rent arrears recuperation processes is typically initiated alongside, and functions in line with the application of the eviction procedure.
Landlords Rights
Even though a solid rental agreement simplifies eviction process, the absence of a lease doesn’t mean that unauthorised tenants cannot be dislodged. Find out more about
lease-holders rights and duties here.
Required Documents
The initial step should be to secure the signatured lease arrangement from the home-owner and specifics of the breaches of the resident. In the event that the lessee fails to pay for rental, full details of the arrears must be given by the client.
- Evidence of ownership
- The lease
- Transaction history of what is owed
- A comprehensive background of what has taken place
- A grounds of damages or harm to a person
- Any other Evidence (Photos) etc
Eviction Order Lawyers for Stratford Green in Cape Town
Founded in 2008, Rubensteins Attorneys rapidly became one of the top law firms in Cape Town. Evictions are managed by Rubensteins Attorneys who is a very competent an accomplished litigation attorneys with a in depth understanding of eviction laws in Cape Town and South Africa. Rubensteins have numerous successful eviction cases in their portfolio, for residential as well as business clients.
Our clients benefit from our vast expertise with all key fields of local law. We try to make long-lasting and meaningful relationships with our clients, to commit to their legal issues and ultimately be an instrument to their progress and their prosperity.
