To read more on exactly how our staff are able to help anyone with evictions, don’t hesitate to
contact our eviction consultants. Property owners and also lessors must be sure to officially evict a non-paying occupant and never ever turn to tactics that contravene the lawful discharge of tenants.
In relations to the Constitution of South Africa, Nobody can be forced out from their home, or have their house knocked down, without an order of a judge only made after considering all the related scenarios. Absolutely no regulations could allow irresponsible evictions.” PIE lays out the processes to be followed in the case of these types of evictions.
Tenants Not Paying Rent
But just what can you do if the tenant just ceases paying for their rent, and also it becomes apparent that they have no intention of settling?
That it resides in property managers best interests none the less to terminate the lease and evict the defaulting occupants as soon as possible as the top priority should be to removed and replace a non-paying lessee with a paying lessee.
Getting Tenants Out
The unauthorized resident could go to the court hearing on the day the case is set down and oppose the process himself if he believes the eviction is unreasonable.
Lease Agreements
A good lease should contain a breach condition with it specifying the implications of breaching any one of the conditions of the lease agreement. It is then up to the lessor what leniency you wish to show.
Urgent Evictions
Section 5 of the Land Act provides for urgent evictions. More significantly an individual has to prove to a magistrate that there is and or will likely be significant personal injury to persons (that may involve the unlawful occupants themselves) or else damage to property should the court order is not approved. The emergency eviction is so powerful, that it enables the recalcitrant tenant or the prohibited occupier to be ordered by the law court to leave the residential property within 1 day, failing which the officer of the court is allowed to emphatically dislodge the unlawful inhabitant from the residential or commercial property.
Time & Cost of Evictions
Considering that an resident may choose to move out of a residential property at just about any point throughout the eviction proceeding, the expense can significantly differ with circumstances. The rental fee arrears recuperation processes is typically started alongside, and runs in combination to the application of the eviction processes.
Landlords Rights
Regardless of the fact that a concrete rental agreement reduces eviction steps, the absence thereof doesn’t suggest that an unlawful occupants can not be subject to an eviction. Read more about
lease-holders duties and rights here.
Required Documents
The very first step should be to secure the subscribed rental agreement from the applicant and facts of the transgressions of the tenant. In case that the occupant fails to compensate rental, complete specifics of the debts should be given by the client.
- Proof of property ownership
- The contract
- Transaction history of what is owed
- A comprehensive history of what has transpired
- A basis of loss or harm to a person
- Any other Evidence (Pictures) etc
Eviction Lawyers for Table View in Cape Town
Founded in 2008, Rubensteins Attorneys is swiftly turning into one of the top legal in Cape Town. All evictions are handled by Rubensteins Attorneys who are a very competent an accomplished litigation lawyers with a detailed understanding of eviction laws in Cape Town and South Africa. Rubensteins hold numerous successful lawful evictions in their past record, for both civil as well as business clients.
Our clients benefit from our considerable expertise with all key specialties of the law. We try to create long-lasting and ultimately meaningful partnerships with our clients, to commit to them and be a part of their progress & their prosperity.
