Being specialist residential or commercial property legal counsels in University Estate, (
Cape Town) we act for property owners, residential or commercial property supervisors and rentals realtors regarding renter disagreements and evictions. Your property may be an income-earning investment to anyone, however, to your lessees it is their household. So what does one do once your tenant fails to pay the rental fee and winds up in breach of the lease contract understanding?
Evictions in with regards to the Prevention of Illegal Eviction From and Unlawful Occupation of Land Act 19 of 1998
Tenants Not Paying Rent
In many different places, it is prohibited to remove a tenant until all court proceedings are over, and this may take several months.
Certainly there is nothing to prevent a property owner from issuing a call for the payable rent immediately after the tenant has been removed.
Getting Tenants Out
The wrongful resident is able to visit the court hearing on the day the case is considered and defend himself if he believes the eviction is unjustifiable.
Lease Agreements
Even-though it isn’t a judicial criteria to possess a recorded lease, it’s definitely advised. The lease agreement will spell out each of the conditions– for both equally individuals– of the tenancy. It grants protection to both of lessor and occupant in case of any party reneging on their responsibilities.
Urgent Evictions
Section 5 of the Land Act deals with so called urgent eviction proceedings. Very notably one must demonstrate to a magistrate that there is and/or would be substantial personal injury to persons (this may involve the unlawful inhabitants themselves) or even damages to property should the court order does not get awarded. An emergency eviction is actually so compelling, that it offsets the defiant lessee or the illegal occupant to get ordered by the court to vacate the residential or commercial property inside of 1 day, declining which the sheriff of the court is authorised to forcefully remove the prohibited inhabitant off the estate.
Time & Cost of Evictions
Since an resident may opt to part with a home at virtually any stage during the eviction proceeding, the costs can dramatically vary with every situation. The rent payment and loss recuperation procedure is typically begun hand and hand, and functions in combination to the application of the eviction procedure.
Landlords Rights
Although a concrete lease legal contract simplifies eviction process, the absence of a lease does not suggest that unauthorised tenants can’t be dislodged. Find out more about
property owners rights here.
Required Documents
The very first step will be normally to secure the signatured lease agreement from the applicant and specifics of the infringements of the renter. In the event that the tenant fails to compensate rent, full specifications of the debts needs to be given by the client.
- Confirmation of ownership
- The lease
- Financial transaction history of what is owed
- A comprehensive history of what has transpired
- A basis of losses or harm to a person
- Any other Evidence (Photos) etc
Eviction Notice Lawyers for University Estate in Cape Town
Established in 2008, Rubensteins Attorneys is rapidly becoming one of the top attorneys in Cape Town. Having already acquired a reputable name for efficiency, Rubensteins is distinguished in the field by its commitment to its customers, and its capacity to find creative and innovative solutions to even the most challenging of law dilemmas.
Our clients gain from our extensive competence with all key specialties of South African legislation. At Rubensteins we have refined a collaborative ethos, where our team support one another to accomplish the greatest results for our clients.
