Follow the eviction process carefully to be sure of success
Cape Town eviction lawyers Simon Dippenaar & Associates (SDLAW) recently acted for clients in the Cape Town suburb of Heathfield, helping them achieve a successful eviction against tenants occupying a property unlawfully. The residents have been given notice to vacate the property, and should they fail to do that, the sheriff is authorised to take punitive action to remove them. Furthermore, the unlawful tenants have been ordered by the court to pay the costs.
The importance of following the eviction process
This is a happy outcome for the property owners, who were very diligent in following the correct eviction process, with the help of eviction attorneys Cape Town. Only the court can serve an eviction notice and landlords must be careful not to take matters into their own hands, or they may find themselves in breach of the law. Rental housing legislation protects tenants through the Prevention of Illegal Eviction Act (PIE) and the Consumer Protection Act (CPA) and dictates a very stringent eviction process. In the Heathfield case, owners were patient and worked within the law to arrive at the desired outcome.
Well worth the cost of an eviction attorney
The cost of hiring a specialist eviction attorney is well worth it in terms of limiting loss of income and restoring the property to its rightful state as an asset for the owner as quickly and as smoothly as possible. Furthermore, an eviction lawyer such as SDLAW makes sure the landlord is not exposed to risk by complying with the ever-changing law governing rental agreements. We also ensure that tenant’s rights are protected. We believe in upholding the rights of everyone under the law.
Defending the rights of tenants
Cape Town eviction attorneys SDLAW act for both landlords and tenants – anyone whose Constitutional or human rights are infringed or threatened. We acted pro bono for the residents in the landmark Marikana case, where corporate landlords Copper Moon Trading wanted the court to evict occupants from the “Marikana” settlement near the Cape Town International Airport. The court ordered the City of Cape Town to negotiate a purchase price to buy the land or expropriate the land instead. This case has now come before the Supreme Court of Appeal of South Africa, and SDLAW is once again representing the interests of the residents, whose human rights are severely jeopardised by this action. The case will be heard in September.
Landlord or tenant – let SDLAW help you
An eviction lawyer is critical if you have a troublesome tenant who doesn’t respond to reason and eviction is your only recourse. Equally, if you are a tenant and you feel your landlord is not observing the correct procedure, we will help you fight for your rights. You cannot be removed from your home without a court order, and you have a right of appeal.