Official guidance and representation on a variety of eviction associated issues. It is necessary for any landlord or entrepreneur having a letting portfolio to familiarise themselves with the PIE Act along with the different procedures it maps out for officially addressing delinquent leaseholders.
The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) is simply an act of the Parliament of South Africa that entered into effect on 5 June, 1998, and which undertakes to prevent arbitrary eviction removals.
Tenants Not Paying Rent
If all else fails and the lessee still won’t pay, obtain an eviction lawyer. On the first possible chance record a tenant-landlord complaint in court.
It resides in landlords best interests none the less to terminate the lease and evict the defaulting lessees quickly as the key concern ought to be to replace a delinquent occupant with a paying lessee.
Getting Tenants Out
Hold-ups arising from postponed action or erroneous legal approaches oftentimes leads to increased legal services expenses, loss of rental revenue and inflated risk of damages to the building.
Lease Agreements
Despite the fact that it is not viewed a judicial prerequisite to possess a prepared lease understanding, it is definitely recommended. The lease agreement must define each of the terms and conditions– for each of the parties– of the occupancy. It gives safeguard to simultaneously lessor and tenant in case of either one individual breaking their committals.
Urgent Evictions
Section 5 of the Act deals with urgent evictions. More significantly a property owner must explain to a judge that there is and/or would be significant injury to persons (that might incorporate the wrongful occupiers themselves) or else damage to the property in the event that the request is not approved. An urgent eviction is actually so effective, that it allows for the defiant resident or the prohibited occupier being ordered by the court to abandon the building inside of 24h, failing which the officer of the court is permitted to purposely remove the illegal inhabitant from the house.
Time & Cost of Evictions
Since an tenant can decide to clear a house at any stage during the eviction procedure, the outlay can substantially vary with each circumstance. The rental fee and loss retrieval process is generally set in motion along with, and operates in combination to the application for eviction plan.
Landlords Rights
Though a solid lease legal contract simplifies eviction procedures, the absence of a lease agreement does not suggest that an unlawful residents cannot be subject to an eviction. See more about
property owners rights here.
Required Documents
The very first step would certainly be to get the signed lease agreement from the applicant and facts of the infringements of the resident. In case that the lessee fails to pay out rent, full details of the delinquencies have to be presented by the lessor.
- Verification of property ownership
- The lease
- Financial transaction history of what is owed
- A thorough history of what has transpired
- A basis of compensations or harm to a person
- Any other Evidence (Pictures) etc
Eviction Lawyers for Tierboskloof in Cape Town
Founded in 2008, Rubensteins Attorneys is quickly becoming one of the most popular law firms in Cape Town. Evictions are handled by Rubensteins Attorneys who are a very competent an accomplished litigation lawyers with a in depth knowledge of eviction laws in Cape Town & South Africa. Rubensteins have many successful lawful evictions in their portfolio, for both residential and also corporate clients.
These involve company & commercial to civil and criminal lawsuits, labour problems, business or family conflict resolutions, family law in addition to property related matters. We aim to make lasting and meaningful partnerships with our clients, to invest in their legal issues and ultimately be a part of their progression and their successes.
