Our firms eviction attorneys are professionals in critical eviction notices in Cape Town. Eviction, additionally recognised in a number of regions as an unlawful detainer, can be a troublesome process to get through.
Eviction in relations to the Prevention of Illegal Eviction From & Unlawful Occupation of Land Act 19 in effect from 1998
Tenants Not Paying Rent
The responsibilities of residents as well as landlords are covered in statutory, and also non-statutory law in Southern Africa.
There certainly is nothing to stop a lessor from putting out a call for the overdue rent payment after the tenant has actually been expelled.
Getting Tenants Out
Problems coming from stalled action or flawed legal approaches typically causes increased legal services fees, loss of rent cash flow and amplified risk of damages to the property.
Lease Agreements
A good lease agreement should hold a contravention paragraph in it detailing the effects of breaching any one of the stipulations of the lease agreement. It is then up to you what amount of leniency you wish to demonstrate.
Urgent Evictions
Section 5 of the Land Act deals with urgent evictions. Very notably an individual must explain to a law court that there certainly is and will likely be substantial personal injury to individuals (this might involve the unlawful occupiers themselves) or destruction to the property if the request does not get granted. An immediate eviction is so formidable, that it enables the defiant tenant or the unlawful inhabitant to be ordered by the court to leave the residential property in less than 1 day, declining which the officer of the court is authorised to purposely dislodge the prohibited inhabitant from the residential or commercial property.
Time & Cost of Evictions
In order to remove a occupant in Cape Town legally, optimal way to reduce expenses and losses is to operate quickly and effectively while steering clear of avoidable delays. The rent payment and loss recuperation processes is often started alongside, and functions in combination to the application for legal eviction procedure.
Landlords Rights
Even-though a strong lease contract reduces eviction process, the lack of a lease does not necessarily mean that an unlawful residents can not be evicted. Find out more about
property owners rights & duties here.
Required Documents
The very first step would be usually to attain the subscribed rental commitment from the applicant and particulars of the transgressions of the renter. In the event of the occupant cannot pay rental, full details of the debts needs to be supplied by the client.
- Verification of property ownership
- The contract
- Financial transaction history of what is owed
- A in-depth history of what has taken place
- A basis of losses or danger to a person
- Any other Evidence (Photos) etc
Eviction Notice Lawyers for Witteboomen in Cape Town
Established in 2008, Rubensteins Attorneys swiftly became one of the leading law firms in Cape Town. Having acquired a reputable name for efficiency, Rubensteins is marked in its field by its dedication to its customers, as well as its capacity to identify creative and effective solutions to even some of the most challenging of legal issues.
These involve corporate and commercial to criminal & civil lawsuits, labor issues, business or family conflict resolution, family law together with property related transactions. Irrespective of how daunting and / or complicated the mandate, we will provide clear, pragmatic & commercially-sound legal advice.
