Our eviction attorneys are professionals in urgent eviction notices in Cape Town. Regarding evictions, one of the most vital factor is to halt the financial bleeding.
The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) is simply an act of the Parliament of South Africa which came into effect on 5 June, 1998, and which undertakes to prevent arbitrary eviction issues.
Tenants Not Paying Rent
Property managers in Zoo Park need to stay clear of such illegal actions as changing locks, or locking the lessee out or disengaging services.
It is in lessors best interests never the less to cancel the lease and evict the non paying tenants as soon as possible as the prerogative should be to replace a delinquent lessee with a paying leaseholder.
Getting Tenants Out
Problems coming from delayed action or inappropriate legal strategies oftentimes leads to extra legal fees, loss of rental revenue and extended risk of damage to the building.
Lease Agreements
Although it is not a judicial requirement to have a recorded lease, it is strongly advocated. The lease will illustrate each of the terms– for both of these parties– of the tenancy. The lease offers safeguard to simultaneously landlord and renter in case of either one individual breaking their committals.
Urgent Evictions
Section 5 of the Act deals with urgent evictions. Very notably one has to prove to a court of law that there certainly is and will likely be significant personal injury to people (this could incorporate the unauthorised occupiers themselves) or damage to the property if the court order does not get approved. An emergency eviction is so powerful, that it enables the unwilling tenant or the wrongful inhabitant to get required by the judge to abandon the residential property in less than 1 day, failing which the sheriff of the court is authorised to purposely remove the unauthorised occupier from the home.
Time & Cost of Evictions
As an tenant may opt to clear a home at any stage throughout the eviction procedure, the expense can dramatically differ with each situation. The rental debts recovery process is often started alongside, and works in combination to the application for legal eviction process.
Landlords Rights
Although a strong rental legal contract simplifies eviction processes, the absence thereof does not necessarily mean that an unlawful occupants cannot be dislodged. See more about
lease-holders rights here.
Required Documents
The very first step would be normally to get the subscribed rental commitment from the applicant and details of the neglects of the resident. In the event of the lessee fails to compensate rental, complete particulars of the arrears needs to be provided by the client.
- Confirmation of ownership
- The lease
- Financial transaction history of what is owed
- A in-depth background of what has transpired
- A basis of damages or harm to a person
- Any other Evidence (Pictures) etc
Eviction Order Lawyers for Zoo Park in Cape Town
Established in 2008, Rubensteins Attorneys swiftly became one of the most popular legal solutions firms in Cape Town. Evictions are taken care of by Rubensteins Attorneys who are a very competent an experienced litigation attorneys with a detailed understanding of eviction laws in Cape Town and South Africa. Rubensteins come with many successful evictions under their belt, for residential and also business clients.
All these areas involve company and commercial to civil and criminal lawsuits, labor issues, family or business conflict resolution, family law as well as estate related dealings. Our intention is to go above and beyond, to exceed expectations and to place our valued clients requirements above all else.
