Being practitioner residential property legal practitioners in Tygerberg Hospital, (
Bellville) we act for landlords, commercial property supervisors and leasing agents involving lessee embroilments and evictions. A number of unmanageable renters leave as a result of receiving the opening charge from an attorney to do so. Other people put up a fight and stay with the residential property for a lot longer.
The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) is an act of the Parliament of South Africa which entered into effect on 5 June, 1998, and which sets out to help prevent unreasonable evictions.
Tenants Not Paying Rent
Among the biggest issues is that of lessees who do not pay the rent & the following eviction of the tenants.
It really is in property owners primary interests nevertheless to terminate the lease and evict the non paying lessees asap as the prerogative should be to replace a non-paying tenant with a paying leaseholder.
Getting Tenants Out
An unauthorized resident can visit the courtroom hearing on the day the case is considered and fight for themselves should they believes the eviction is unjust.
Lease Agreements
A good lease agreement should have a noncompliance paragraph with it detailing the outcomes of breaching any of the terms of the lease contract. It is up to you just how much lenience you wish to demonstrate.
Urgent Evictions
Section 5 of the Act provides for so called urgent eviction proceedings. Very significantly a property owner will need to prove to a law court that there is and will likely be considerable injury to individuals (that could incorporate the unauthorised tenants themselves) or else destruction to residential or commercial property if the order does not get approved. An urgent eviction is so formidable, that it allows for the defiant lessee or the wrongful inhabitant being demanded by the court to abandon the building in less than 24h, failing which the officer of the court is authorised to purposely dislodge the unauthorised inhabitant off the estate.
Time & Cost of Evictions
Since an lessee can choose to part with a house at any stage during the eviction process, the costs can greatly differ with scenarios. The rental payment and loss recuperation procedure is often set in motion along with, and works in combination to the application of the legal eviction procedure.
Landlords Rights
Despite the fact that a iron clad lease agreement simplifies eviction process, the lack of a lease does not mean that unauthorised residents cannot be removed. Find out more about
lease-holders rights here.
Required Documents
The initial step would certainly be normally to attain the subscribed lease arrangement from the applicant and details of the noncompliance of the renter. In the event that the occupant cannot pay for rental, comprehensive details of the debts must be provided by the client.
- Proof of ownership
- The lease
- Financial transaction history of what is owed
- A thorough history of what has taken place
- A grounds of losses or harm to a person
- Any other Evidence (Photos) etc
Eviction Lawyers for Tygerberg Hospital in Cape Town
Established in 2008, Rubensteins Attorneys quickly became one of the leading legal solutions firms in Cape Town. Our primary emphasis is on ensuring the superb law guidance to our clients.
These also include company and commercial to criminal & civil litigation, labour disputes, family or business conflict resolutions, family law in addition to property dealings. We endeavour to create long-lasting and meaningful partnerships with our clients, to invest in them and be an instrument of their progression and their prosperity.
