Our
residential property legal practitioners are furthermore able to deal with evictions regarding commercial properties situated Yorkshire Estate, (
Cape Town) in all Cape Town. In evictions, one of the most important task is to halt the cash haemorrhaging.
The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) is an act of the Parliament of South Africa that came into effect on 5 June, 1998, and which sets out to prevent unreasonable eviction removals.
Tenants Not Paying Rent
If all else fails and the tenant still doesn’t pay, get an eviction lawyer. At the earliest attainable chance register a tenant-landlord grievance in a court of law.
That it is in landlords best interests nevertheless to cancel the lease and evict the non paying residents without delay as the priority ought to be to switch a non-paying lessee with a paying tenant.
Getting Tenants Out
The unauthorized occupier might go to the courtroom hearing on the day it is ascribed and defend themselves should they believe that the eviction is unjustifiable.
Lease Agreements
Though it is not a judicial requirement to have a documented lease, it is strongly advocated. The lease agreement will illustrate all of the details– for both of these individuals– of the occupancy. The lease agreement gives security to both lessor and renter in case of either party breaking their committals.
Urgent Evictions
Section 5 of the Land Act provides for urgent evictions. More importantly an individual will need to prove to a judge that there actually is and/or will likely be significant injury to people (that may incorporate the unauthorised inhabitants themselves) alternatively damages to residential or commercial property if the court order does not get approved. The urgent eviction is so powerful, that it allows for the unwilling resident or the illegal occupier being ordered by the court to move out of the residential property inside of 24 hours, neglecting which the sheriff of the court is mandated to purposely evict the illegal tenant off the residential property.
Time & Cost of Evictions
As an occupant could decide to vacate a property at pretty much any point throughout the eviction proceeding, the cost can considerably differ with every situation. The rent and loss recovery processes is in most cases started hand and hand, and functions in combination to the application for the legal eviction procedure.
Landlords Rights
Although a solid lease legal contract streamlines eviction processes, the lack of a lease doesn’t necessarily suggest that unauthorised occupants can not be evicted. See more about
landlords rights here.
Required Documents
The initial step would be to find the signed rental arrangement from the client and particulars of the neglects of the renter. In the event that the tenant fails to compensate rent, comprehensive particulars of the delinquencies needs to be supplied by the client.
- Facts of property ownership
- The contract
- Financial transaction history of what is owed
- A thorough background of what has transpired
- A basis of damages or harm to a person
- Any other Evidence (Photos) etc
Eviction Lawyers for Yorkshire Estate in Cape Town
Founded in 2008, Rubensteins Attorneys is swiftly becoming one of the major legal services firms in Cape Town. Evictions are dealt with by Rubensteins Attorneys who is a very competent an adept litigation attorneys with a comprehensive knowledge of eviction laws in Cape Town & South Africa. Rubensteins have many successful evictions in their portfolio, for both residential and also business clients.
Our legal firm in Yorkshire Estate undertakes to reach some of the most affordable and effective handling of your problems. We have refined a collaborative culture, where our staff help one another to attain the greatest results for our clients.
