Our firm have certainly placed ourselves at the forefront of the boutique eviction support services providers qualified, renowned, credible, and effective eviction law in West Beach, Blouberg. Eviction, also known in a number of places as an un-lawful detainer, may be a troublesome process to direct.
In order to expel an unlawful occupant from domestic property, the process in terms of schedule 4 as well as 5 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 needs to be complied with. Essentially, the owner needs to get a order to dislodge an unlawful occupier. The sections 4 to 6 in the Act provides for procedure incase of ejections, including with regard to immediate eviction.
Tenants Not Paying Rent
Property owners in West Beach must stay away from such illegal actions as changing locks, or locking the occupant out or disconnecting services.
There is nothing to stop a landlord from putting out a summons for the unsettled rent payment immediately after the tenant has actually been removed.
Getting Tenants Out
An unlawful tenant might go to the court hearing on the day the case is ascribed and defend himself if he believes the eviction unwarranted.
Lease Agreements
Writing a solid lease agreement ought to contain a delinquency clause in it outlining the consequences of breaching one of the terms of the lease contract. It is up to the property owner what leniency you wish to demonstrate.
Urgent Evictions
Section 5 of the Land Act deals with urgent eviction processes. Most importantly an individual needs to demonstrate to a judge that there actually is and will be significant injury to individuals (this could consist of the unauthorised inhabitants themselves) or even damages to property should the request does not get granted. An emergency eviction is actually so powerful, that it enables the unwilling tenant or the unlawful occupier to be ordered by the judge to vacate the residential or commercial property in less than 24h, neglecting which the officer of the court is permitted to forcefully evict the illegal occupier off the property.
Time & Cost of Evictions
Considering that an tenant might decide to part with a residential property at almost any stage throughout the eviction process, the expense can substantially differ with scenarios. The rent payment and loss retrieval process is in most cases set in motion along with, and functions in combination to the application for the eviction plan.
Landlords Rights
Although a solid rental agreement simplifies eviction process, the absence of a lease doesn’t necessarily suggest that unlawful residents can not be dislodged. See more about
property owners rights here.
Required Documents
The first step should be to obtain the signed lease contract commitment from the client and particulars of the contraventions of the renter. In case that the tenant cannot compensate rent, comprehensive particulars of the arrears needs to be supplied by the lessor.
- Verification of property ownership
- The contract
- Financial transaction history of what is owed
- A detailed background of what has transpired
- A foundation of losses or harm to a person
- Any other Evidence (Photos) etc
Eviction Notice Attorneys for West Beach in Cape Town
Established in 2008, Rubensteins Attorneys is rapidly becoming one of the top legal solutions firms in Cape Town. All evictions are dealt with by Rubensteins Attorneys who is a exceptionally proficient an adept litigation lawyers with a in depth knowledge of eviction laws in South Africa. Rubensteins hold numerous successful evictions in their past record, for both residential and also business clients.
These also include company & commercial to criminal and civil lawsuits, labor problems, business or family conflict resolutions, family law in addition to property related dealings. Irrespective of how daunting and / or intricate the decree, we will certainly give crystal clear, efficient and commercially-sound legal advice.
