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Eviction Attorney in Bellville

There is a fine line between lawful and unlawful evictions in South Africa – it all comes down to following the correct legal process. The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (often referred to as the PIE Act) sets the standard in prohibiting unfair land occupation. Landlords and tenants both have rights, and our eviction service ensures these rights remain protected at every stage.

Need to evict a tenant? RCS Law can help. We provide a client-focused, legally compliant, and completely transparent eviction service that you can trust.

Landlord Risk

If you own and rent out a property, you are likely aware of the risks that landlords face. Tenant-related issues can impact profitability, which is why screening processes are usually in place before any lease agreements are signed. As part of our expertise in property law, we extend services that include drafting professional lease agreements, which also outline eviction protocols. Start renting your property with confidence and legal guidance.

Evicting a tenant can be time-consuming and costly if not approached from a legal standpoint. If you bypass the formal eviction process, you might face a legal battle that drains your resources, as lost rental income takes its toll. Let an eviction attorney in Bellville from our team help expedite the legal process for you. We always ensure compliance with the law, helping you avoid penalties or other potential repercussions.

Grounds for Eviction

Has your tenant breached their contract? If you have tried to find a resolution without success, it may be time to initiate the eviction process. Here are some reasons to evict:

Arrear rental – If your tenant fails to make rental payments as stipulated in the lease, this is valid grounds for eviction under the PIE Act. Following legal guidelines, we first provide your tenant with written notice before approaching the court. 

Material Breach – This includes (but is not limited to) unauthorised subletting, keeping if the lease does not allow it, and any other violations of the conditions in the lease. An eviction attorney in Bellville from our team ensures that proper notice is given in these cases.

Unlawful conduct – Does your tenant conduct criminal or unlawful activities at your rental property? If you have evidence to prove this, then eviction is permissible, and we can assist you.

Malicious or negligent damage to property – Eviction can be sought if tenants cause substantial damage to your rental property. You will need to produce evidence of this (photos, reports, etc).

Expiry of the lease – When a fixed-term lease ends and the tenant refuses to vacate your property, you can reach out to us for legal eviction assistance.

Disturbance or nuisance – If you can provide proof of regular disturbances, repeated complaints and/or attempts at mediation, you can seek eviction with our assistance.

Eviction Steps with RCS Law:

  1. We start by identifying the legal grounds for the tenant(s) eviction.
  2. An expert RCS eviction attorney provides written Notice of Breach to your tenant.
  3. The tenant has 20 business days to comply with our demands and to rectify their breach.
  4. If the tenant does not comply, we issue a formal lease termination.
  5. An eviction application is filed at the Western Cape High Court.
  6. Your tenant and the municipality are served with this notice of eviction hearing (with at least 14 days’ notice).
  7. Your eviction attorney in Bellville assigns counsel to represent your case at the court hearing.
  8. When an eviction order is granted, the occupiers have time to vacate your property, and if they fail to vacate we oversee the sheriff-enforced eviction of the unlawful occupier(s) from your home.

At RCS Law, we work with landlords to regain control of their properties through legal and transparent eviction solutions. We also work with rental agents, who partner with RCS Law for eviction services that elevate their service offerings.

CONTACT US today to get started, or submit our online Eviction Services Client Interest Form to benefit from the services of an eviction attorney in Bellville.

 

 

 

 

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