For additional information on ways in which our company are able to assist anyone with evictions, don’t wait to
contact our eviction consultants. Real estate operators and also lessors ought to be sure to lawfully evict a non-paying lessee and certainly never resort to techniques that contravene the legitimate discharge of renters.
For you to remove an unlawful tenant from residential building, the processes in regards to schedule 4 and also 5 regarding the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 should be followed. Generally, the owner should acquire a court order to remove an prohibited renter. Sections 4 to 6 of the Act provides for procedure in the event of evictions and this incorporates urgent eviction orders.
Tenants Not Paying Rent
The engagements of residents together with landlords are addressed in statutory, as well as non-statutory legislation in Southern Africa.
It is in property owners primary interests nonetheless to cancel the lease and evict the non paying tenants promptly as the priority ought to be to replace a delinquent occupant with a paying resident.
Getting Tenants Out
Problems arising from delayed action or flawed legal approaches usually generates increased legal services costs, loss of rentals revenue and extended risk of damages to the residential or commercial property.
Lease Agreements
Your lease needs to hold a delinquency condition in it outlining the consequences of breaching any one of the terms of the lease. It is then up to the owner what lenience you wish to demonstrate.
Urgent Evictions
Section 5 of the Act provides for so called urgent eviction processes. More importantly a property owner will need to demonstrate to a court that there is and or will be significant injury to people (this may consist of the wrongful occupants themselves) or even destruction to property if the request does not get granted. An immediate eviction is so compelling, that it enables the recalcitrant tenant or the unlawful inhabitant to get commanded by the judge to abandon the property within 24h, declining which the sheriff of the court is allowed to forcefully evict the unauthorised inhabitant from the residential or commercial property.
Time & Cost of Evictions
Since an resident might elect to part with a home at pretty much any point throughout the eviction procedure, the outlay can dramatically differ with every situation. The rental fee arrears recuperation processes is in most cases set in motion along with, and operates in line with the application of the legal eviction plan.
Landlords Rights
Even though a concrete rental legal contract streamlines eviction procedures, the lack of a lease agreement does not necessarily suggest that an illegal occupants cannot be subject to an eviction. Find out more about
property owners rights & duties here.
Required Documents
The initial step would certainly be normally to attain the signatured lease arrangement from the homeowner and specifics of the breaches of the renter. In case of the tenant cannot pay for rental, complete specifications of the delinquencies must be presented by the lessor.
- Confirmation of property ownership
- The lease
- Transaction history of what is owed
- A comprehensive background of what has taken place
- A basis of compensations or harm to a person
- Any other Evidence (Pictures) etc
Eviction Order Lawyers for Vredekloof Glen in Cape Town
Founded in 2008, Rubensteins Attorneys is rapidly turning into one of the leading law firms in Cape Town. All evictions are handled by Rubensteins Attorneys who are a very competent an accomplished litigation attorneys with a extensive understanding of eviction laws in Cape Town. Rubensteins hold many successful evictions in their portfolio, for both private and also commercial clients.
These also include corporate and commercial to civil and criminal litigation, labour problems, business or family dispute resolutions, divorce law together with estate related dealings. We try to create lasting and ultimately meaningful partnerships with our clients, to invest in them and be a part to their progression & their prosperity.
