For more details on ways in which our firm can assist anyone with evictions, don’t hesitate to
contact our eviction practitioners. Anytime an eviction attorney at law defends a property owner, they would normally counsel his/her homeowner as to whether they has good grounds to evict the resident and thereafter prepare, register, and serve the eviction records and defend his/her client in law court.
Evictions in with regards to the Prevention of Illegal Eviction From and Unlawful Occupation of Land Act 19 in effect from 1998
Tenants Not Paying Rent
Some of the most significant problems is that of occupants which do not pay the rent and the consecutive eviction of the tenants.
There certainly is nothing at all to stop a proprietor from putting out a summons for the past due rental fee after the renter has been expelled.
Getting Tenants Out
An unlawful tenant can go to the courtroom hearing on the day the case is set down and fight for himself if he believe the eviction is unjust.
Lease Agreements
Despite the fact that it isn’t a judicial criteria to possess a prepared lease, it’s strongly advocated. The lease contract must outline all the conditions– for the two parties– of the tenancy. It gives protection to both of lessor and tenant in the event of either one individual reneging on their committals.
Urgent Evictions
Section 5 of the Act provides for urgent evictions. Most notably one will need to explain to a court that there certainly is and or will likely be considerable personal injury to individuals (this may include the unauthorised occupiers themselves) or even damages to residential or commercial property should the request is not awarded. The urgent eviction is so effective, that it enables the recalcitrant lessee or the prohibited inhabitant to be ordered by the judge to move out of the residential property in less than 24h, failing which the sheriff of the court is authorised to purposely dislodge the illegal tenant off the residential or commercial property.
Time & Cost of Evictions
In order to evict a tenant in Kuils River under legal standing, the most effective way to significantly lower expenses and inevitably losses is to act swiftly and effectively whilst staying away from needless setbacks. The rental arrears recovery processes is generally initiated hand and hand, and works in line with the application of the legal eviction procedure.
Landlords Rights
Although a iron clad rental contract shortens eviction process, the lack thereof doesn’t suggest that unlawful occupants can not be dislodged. See more about
lease-holders rights and duties here.
Required Documents
The start should be normally to obtain the acknowledged lease agreement from the client and specifics of the neglects of the lessee. In the event of the tenant cannot pay rent, comprehensive details of the debts have to be supplied by the client.
- Evidence of property ownership
- The contract
- Transaction history of what is owed
- A comprehensive background of what has taken place
- A basis of losses or harm to a person
- Any other Evidence (Photos) etc
Eviction Notice Lawyers for Zevenwacht in Cape Town
Established in 2008, Rubensteins Attorneys is quickly turning into one of the major attorneys in Cape Town. Our aim is on providing the superb legal insight to our valued clients.
All these areas include company & commercial to civil and criminal litigation, labour problems, family or business dispute resolution, family law as well as property transactions. Our goal is to go above and beyond, to rise above expectations and to put our valued clients requirements above all else.
