Our eviction legal advisers are specialists in immediate eviction orders in Cape Town. It is essential for any kind of property owner or financier with a rentals portfolio to familiarise themselves with the PIE Act as well as the various methods it sets out for lawfully managing overdue lessees.
For you to expel an wrongful occupier from non commercial property, the procedure in regards to schedule 4 and 5 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 ought to be abided by. In essence, the property owner needs to attain a written order to oust an unlawful tenant. Sections 4 to 6 in the Land Act provides for process in the event of ejections, including with regard to immediate eviction.
Tenants Not Paying Rent
In a large number of areas, it is not legal to force out a leaseholder until all court procedures are over, and this could take few weeks.
It resides in lessors best interests none the less to revoke the lease and evict the defaulting residents asap as the key concern should be to removed and replace a delinquent lessee with a paying lessee.
Getting Tenants Out
An unauthorized resident will be able to turn up the courtroom hearing on the day it is set down and protest the process himself if he believe that the eviction is unjust.
Lease Agreements
A good lease should contain a breach clause with it describing the results of breaching any one of the stipulations of the lease agreement. It is then up to you how much leniency you wish to demonstrate.
Urgent Evictions
Section 5 of the Land Act deals with urgent evictions. Very significantly a landlord has to show a law court that there is and/or would be considerable injury to persons (that can incorporate the unlawful occupants themselves) or even damages to the property in case that the court order is not awarded. An emergency eviction is so formidable, that it offsets the defiant resident or the unlawful occupant to get ordered by the judge to move out of the residential property inside 24h, failing which the officer of the court is allowed to purposely remove the wrongful tenant from the residential property.
Time & Cost of Evictions
In order to evict a resident in Bellville lawfully, the best way to reduce expenses and ultimately losses is to act quickly and proficiently whilst preventing needless hold-ups. The rent payment debts recuperation procedure is normally launched along with, and works in line with the application for eviction procedure.
Landlords Rights
Although a firm rental contract reduces eviction practices, the lack of a lease agreement does not suggest that an illegal tenants cannot be removed. Read more about
landlords rights and duties here.
Required Documents
The initial step would certainly be to find the acknowledged lease contract agreement from the client and particulars of the noncompliance of the resident. In the event that the tenant fails to compensate rent, comprehensive details of the debts needs to be given by the client.
- Facts of property ownership
- The lease
- Transaction history of what is owed
- A detailed record of what has transpired
- A grounds of damages or danger to a person
- Any other Evidence (Pictures) etc
Eviction Order Lawyers for Transnet in Cape Town
Established in 2008, Rubensteins Attorneys fast turned into one of the top attorneys in Cape Town. Evictions are taken care of by Rubensteins Attorneys who are a exceptionally skilled an adept litigation lawyers with a in depth understanding of eviction laws in Cape Town. Rubensteins have numerous successful evictions in their portfolio, for civil as well as business clients.
Our clients gain from our vast competence in all key subject fields of the law. Our aim is to go above and beyond, to surpass expectations and to place our valued clients requirements above everything else.
