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Cape Town eviction lawyer Archives | Eviction Lawyers South Africa

Jun 21
0

7 tips for a successful eviction order

By | Eviction notice, Evictions, Tenants

It’s never nice to evict a tenant, but sometimes it is necessary. Follow these 7 tips to ensure a smooth process for you both.

 

Have you reached the end of your tether with a troublesome tenant? Or has your tenant ignored your notice to terminate the lease contract due to a breach on their part? Have they stopped paying rent or utilities? Whatever your reason for eviction, follow these 7 tips to ensure a successful eviction order.

  1. Engage a specialist. Evictions are technical and the courts are quick to throw a matter out if it fails to comply in any legal or technical manner. That means a waste of time and money, and will only add to  your frustration. Use the services of an attorney who is experienced with evictions and will get it right first time.
  2. Don’t try to evict the tenant yourself. This is illegal and can set the whole eviction back by months, wasting a lot of money. You may legitimately feel you are being exploited and have lost control of your property. It can be very tempting to try to find ways to get rid of the illegal tenant yourself. Resist the temptation. You could find yourself on the wrong side of the law. 
  3. Likewise, don’t cut off electricity, water or other utilities. The illegal occupant may have run up a huge bill, leaving you financially exposed. You may feel justified in disconnecting the services and you may hope it will force the occupants to leave. But this is illegal and can severely damage your case.
  4. Don’t harass the tenant. Constant calls or emails to the tenant or visiting the property in person is a counterproductive strategy because the tenant could obtain an interim protection order against you for harassment. Then you’d have two problems to deal with rather than one and your reputation could be damaged.
  5. Have faith in the process. Allow the relevant legislation to work in your favour. Trust the system, even if it seems unfair. If you follow correct procedure, the law will help you, and your eviction will be successful.
  6. Consider negotiating. An eviction application is the formal way forward, but this should be combined with an attempt to negotiate the illegal occupant’s exit. Let your attorney do this. Don’t attempt it yourself. Very often there are ways to convince an illegal occupant to leave rather than face litigation. Quite often they listen to reason and agree to vacate before you spend more time and money.
  7. Be patient. One of the hardest aspects of the eviction process is the need for patience. You have to wait for the process to follow its course. Evictions are not simple, and they take time. A good eviction attorney will ensure it takes as little time as possible. You just need to hang in there.

Need a good eviction attorney?

SD Law is a Cape Town law firm with expertise in property matters including rental housing, eviction and conveyancing. We can help you resolve your eviction case swiftly and legally. Give eviction attorney Simon Dippenaar a call or send a WhatsApp to 086 099 5146. You can also email Simon at sdippenaar@sdlaw.co.za.

Further reading:

Mar 17
0

Communicare tenants in Thornton flats face eviction today

By | Eviction news, Eviction notice, Eviction orders, Evictions, Rent
Eleven families living at the Communicare Albatross flats in Thornton face eviction today after their matter was struck off the Western Cape High Court’s roll on Friday. Picture: Tracey Adams / African News Agency (ANA)
Eleven families living at the Communicare Albatross flats in Thornton face eviction today after their matter was struck off the Western Cape High Court’s roll on Friday. Picture: Tracey Adams / African News Agency (ANA)

Cape Town – Despite their efforts, 11 families living at the Communicare Albatross flats in Thornton face eviction today after their matter was struck off the Western Cape High Court’s roll on Friday.

The tenants had approached the court to prevent Communicare from evicting them and others at various properties.

They also asked for the suspension of the chairperson, for a forensic audit into the institution’s affairs, and for an order preventing Communicare from transferring assets to its subsidiary, Good Find Properties.

The tenants said they were being forced to sign new leases with Good Find Properties at prices they could not afford.

The Western Cape High Court had granted Communicare an eviction order in November.

“Advocate Dondolo reported to the assembly outside the Cape High Court that the Albatross file was stolen from the High Court Archives.

’’At the beginning of the court proceedings,the clerk of the court informed the court judge that the content of the file had disappeared,” the Communicare Tenant Beneficiaries said.

“This exposes the 11 families at Albatross flats in Thornton to being evicted by Communicare on Monday (today). Communicare has been trying to evict our tenants since August 2019.

’’Advocate Mbenyane will reinstate the Albatross case and will request an inquiry at the high court as to the reasons for the Albatross file being stolen,” they added.

Communicare said the attorneys representing the tenants had not shown up.

“The applicants and their attorneys did not pitch for court so the matter was struck off the roll. The eviction order stands for the sheriff to execute,” said the stakeholder relations officer at Communicare, Megan Lennert.

Last week Communicare announced it would be selling all its Ruyterwacht properties.

This was not received well by tenants who say they want the title deeds, accusing the organisation of trying to make a profit from assets.

In an open letter to Communicare, tenant and chairperson of the Ruyterwacht Community Association Mandisa Zamile said: “We, the Communicare Tenant Beneficiaries from Ruyterwacht, reject the unlawful sales offer to buy the social housing rental stock in Ruyterwacht.

“We know, unless you can prove otherwise, that during apartheid years, Communicare illegally grabbed the social housing rental stock and land from the apartheid social housing agency called the Citizens Housing League.”

Communicare said it was the legal owner of the property and the sales would go ahead.

Reprinted from IOL some links added by SD Law

Simon Dippenaar & Associates, Inc. is a Cape Town law firm of specialist eviction lawyers,  now operating in Johannesburg and Durban, helping both landlords and tenants with the eviction process. Contact one of our attorneys on0860995146 or simon@sdlaw.co.za if you need advice on the eviction process or if you are facing unlawful eviction.

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Feb 22
1

Investigation to be launched into Western Cape farm eviction

By | Eviction news, Eviction notice, Eviction orders, Evictions, Farm evictions, Lease Agreement

Ivan Cloete and Western Cape Agriculture MEC Ivan Meyer on a tractor.

Ivan Cloete and Western Cape Agriculture MEC Ivan Meyer on a tractor.
Supplied
  • Western Cape farmer Ivan Cloete is reportedly being evicted from his farm.
  • This is reportedly the third farm from which he is being evicted.
  • Land Reform and Rural Development Minister Thoko Didiza’s office has confirmed they are looking into the matter.

An investigation will reportedly be launched into the eviction of a Western Cape farmer.

Farmer Ivan Cloete is being evicted from his farm in Darling, allegedly to make way for a land reform claim, the SABC has reported.

Western Cape Agriculture MEC Ivan Meyer said despite productively working the land for more than a year, Cloete now faced being evicted from a third farm previously allocated to him by the Department of Agriculture, Land Reform and Rural Development (DALRRD).

Meyer alleged the eviction was being carried out “to make way for an MK veteran”.

“Cloete is effectively being denied the security of tenure on Colenso, despite having been moved from previous farms twice through no fault of his own, but rather due to DALRRD’s failure to implement and manage land reform projects under its responsibly,” Meyer said.

“Despite having in October 2019 inform[ed] the Office of the Public Protector, it reached an agreement to relocate Cloete to Colenso farm. DALRRD also indicated that it had entered into a long-term lease agreement with Cloete.”

Meyer argued that Cloete should not be evicted, in line with Disaster Management Act regulations, and said he had written to Rural Development and Land Reform Minister Thoko Didiza.

According to IOL, Cloete was removed from his previous two farms due to differences with his partners. He was reportedly moved to his current farm for his own safety. He will reportedly be offered an alternative farm.

A spokesperson for Didiza confirmed to News24 that an investigation was under way “and we are expecting a report by end of the matter. The investigation will cover all the issues raised with regards to the first allocation to Mr Cloete until the last farm he is in.”

Sourced from News24

*Simon Dippenaar & Associates Inc. is a firm of specialist eviction lawyers in Cape Town, and operating Johannesburg and Durban, helping both landlords and tenants with the eviction process. Contact one of our attorneys on 086 099 5146 or sdippenaar@sdlaw.co.za if you need advice on the eviction process or want to know the cost of eviction.

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