As representative commercial property legal representatives in Woodbridge Island, (
Milnerton) we represent property owners, residential or commercial property supervisors and rentals brokers concerning leaseholder disputes as well as evictions. Residential property owners and lessors need to always by law evict a non-paying occupant and never ever resort to approaches that contravene the judicial discharge of tenants.
In terms of the Constitution of South Africa, Nobody may be forced out from their home, or have their residence knocked down, without an order of a South African court made after considering each of the relevant situations. No regulations could permit unreasonable evictions.” PIE sets out the processes to be complied with in the case of such evictions.
Tenants Not Paying Rent
The duties of renters as well as lessors are taken cared of in statutory, as well as non-statutory law in South Africa.
Certainly there is nothing to prevent a property owner from dispatching a summons for the unpaid rent immediately after the occupant has actually been evicted.
Getting Tenants Out
Lessors which fail to deliver an eviction request in good time or observe the correct legal process might just have to survive a extensive and expensive process.
Lease Agreements
Your lease should hold a infraction section in it detailing the results of breaching any one of the terms of the lease contract. It is then up to the owner the amount of leniency you wish to exhibit.
Urgent Evictions
Section 5 of the Act provides for so called urgent eviction proceedings. Very importantly one will need to show a court that there certainly is and or will be significant personal injury to people (that could involve the unauthorised inhabitants themselves) or even damage to the property in case that the order does not get awarded. An urgent eviction is actually so compelling, that it offsets the defiant tenant or the unlawful occupier to get required by the judge to move out of the residential property inside 1 day, neglecting which the sheriff of the court is mandated to emphatically remove the prohibited tenant from the house.
Time & Cost of Evictions
As an resident could decide to move out of a home at any phase through the eviction process, the price can considerably vary with circumstances. The rental fee arrears recovery procedure is usually set in motion alongside, and functions in line with the application of the eviction proceeding.
Landlords Rights
Though a sound lease legal contract shortens eviction practices, the lack of a lease does not necessarily mean that an unlawful occupants can not be evicted. Read more about
landlords duties and rights here.
Required Documents
The first step would be to obtain the signatured rental agreement from the applicant and particulars of the neglects of the resident. In case that the lessee cannot pay rent, full specifications of the arrears should be given by the landlord.
- Verification of ownership
- The contract
- Transaction history of what is owed
- A thorough record of what has transpired
- A foundation of damages or danger to a person
- Any other Evidence (Photos) etc
Eviction Order Lawyers for Woodbridge Island in Cape Town
Established in 2008, Rubensteins Attorneys swiftly turned into one of the most popular law firms in Cape Town. Our primary focus is on ensuring the absolute best legal services assistance for our clients.
These involve company & commercial to criminal & civil lawsuits, labor disputes, business or family conflict resolution, family law as well as property dealings. Our aim is to go above and beyond, to rise above expectations and to put our valued clients needs foremost.
