Our eviction attorneys can assist you to handle evictions properly. It is necessary for any type of property owner or real estate investor having a letting portfolio to familiarise themselves with the PIE Act and the different procedures it outlines for legally handling neglectful occupants.
In brief, PIE (Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) (1998 )) supplies operations for eviction of unlawful tenants and restrains wrongful evictions. The principal goal of the Act is simply to offer protection to both occupiers and landlords. The home owner or landlord must abide by the regulations of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) if ever they need to evict a renter.
Tenants Not Paying Rent
Property managers in Stuarts Hill ought to steer clear of such unlawful activities as switching locks, or locking the occupant out or disengaging services like water or electricity.
There really is nothing to prevent a property owner from dispatching a summons for the past due rental payment after the lessee has actually been extruded.
Getting Tenants Out
Hold-ups arising from postponed action or inappropriate legal processeses usually provokes increased legal services expenses, loss of rental income and inflated risk of damages to the residential or commercial property.
Lease Agreements
Though it is not a legal prerequisite to possess a written lease commitment, it’s definitely recommended. The contract must outline all the details– for both equally individuals– of the tenancy. It ensures security to both of property owner and lessee in the circumstance of either party reneging on their responsibilities.
Urgent Evictions
Section 5 of the Land Act deals with urgent evictions. Very importantly an individual must explain to a court of law that there is and/or will likely be serious personal injury to individuals (that could incorporate the wrongful occupants themselves) alternatively damages to the property in the event that the order does not get granted. The immediate eviction is actually so effective, that it allows for the unwilling lessee or the wrongful occupant being ordered by the court to abandon the residential or commercial property in less than 1 day, failing which the officer of the court is allowed to emphatically dislodge the unlawful tenant from the property.
Time & Cost of Evictions
Considering that an occupant can choose to part with a house at just about any stage through the eviction proceeding, the costs can greatly vary with scenarios. The rent and loss recuperation process is usually initiated in addition to, and runs in line with the application for the legal eviction procedure.
Landlords Rights
Though a solid rental contract simplifies eviction steps, the lack thereof doesn’t mean that an illegal tenants can not be evicted. See more about
landlords rights and duties here.
Required Documents
The very first step should be usually to find the subscribed lease agreement from the home-owner and details of the transgressions of the lessee. In case that the occupant fails to compensate rental, comprehensive particulars of the delinquencies must be given by the client.
- Verification of property ownership
- The lease
- Transaction history of what is owed
- A comprehensive history of what has taken place
- A basis of loss or danger to a person
- Any other Evidence (Photos) etc
Eviction Attorneys for Stuarts Hill in Cape Town
Established in 2008, Rubensteins Attorneys is rapidly becoming one of the major law firms in Cape Town. Our aim is on giving the superb legal services assistance for our clients.
These also include corporate & commercial to civil and criminal lawsuits, labor problems, business or family dispute resolution, family law in addition to property matters. At Rubensteins Attorneys we have refined a collaborative ethos, in which our staff support one another to accomplish the best results for our valued clients.
