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Category Archive: Eviction

Adjusted Alert Level 1 – the state of play regarding evictions

Eviction lawyer Cape Town

What is permitted under the new, “adjusted” Alert Level 1 It’s hard to keep up. The regulations for each Alert Level seem to vary each time a level is announced. Adjusted Level 3 was not the same as Level 3 first time round, and the same appears to hold true for Adjusted Level 1. So […]

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How to evict a tenant without being sued

Image depicting a distressed man dealing with an eviction

Follow these 10 dos and don’ts for eviction and avoid litigation We often hear from clients: “I need to evict my tenant. But I’m worried I’ll be sued.” While we’re nothing like the US in terms of readiness to sue, society is becoming more litigious (which means “tending to take legal action to settle disputes”). […]

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Online petition on evicting domestic abusers got court ruling wrong

Judges emphasise that procedural fairness must be upheld Reprinted from, by Tania Broughton – 2020-09-04 Three appeal judges in the Western Cape provincial division have laid down guidelines on how eviction orders, in domestic violence matters, should be dealt with. Photo: Brian Turner via Flickr (CC BY 2.0) A magistrate ruled that a husband accused of […]

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Lockdown rights enforced for residents of informal settlements in Cape Town

The power of social media is immense. So much more than a mere communication tool, it’s a cornerstone of citizen journalism and can be one of the most effective ways in which ordinary people can tell important stories as they happen. What’s more, content posted on social media can be the grounds for legal action […]

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Evictions in Alert Level 2

What is the state of play regarding evictions? Hurrah! We made it to Alert Level 2! The drinkers and smokers will be particularly happy, but so will the gym-goers, those with family in another province, everyone who wants to see their friends, and…landlords. Landlords? Not so fast. There is some relaxation of the rules governing […]

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Life: Working, pivoting and surviving under lockdown in SA

Reprinted from the Daily Maverick. By Alan Van Gysen, 27 May 2020 We thought this article was worth sharing. Nine weeks ago, we said, “we’re all in this together”. As the lockdown has unfolded, it has become clear that nothing could be further from the truth. This article highlights the plight of some Western Cape […]

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Can a tenant win an eviction?

Can a tenant win an eviction? It depends. Usually no, but sometimes they can. When can they? When the landlord has not followed the legal eviction procedure. Can you give examples of this? When the landlord does not properly deliver written notices, otherwise known as eviction letters, to the tenant, before going to court. When the […]

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What is the eviction process in South Africa?

What is the eviction process in South Africa? A set of legal rules must be followed to legally evict anyone in South Africa. The general process can be found in the Prevention of Illegal Evictions Act. It is a complicated set of processes, best left to an eviction lawyer to help you with. Generally, the […]

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Lockdown level 4 – what now for evictions and moving house?

As lockdown restrictions ease, what does it mean for the rental market? Lockdown level 4 – are evictions allowed? The easing of the rigorous lockdown rules that governed us for five weeks was met with rejoicing by most South Africans, particularly those with dogs and athletes who were missing their daily runs/cycle rides. More business […]

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How much do attorneys charge for evictions?

How much do attorneys charge for evictions? The overall eviction costs depends on the facts, and the attorney’s approach. An experienced and ethical attorney, should first try to negotiate a successful eviction through pre-court mediation. This can be done if the attorney can persuade the tenant to leave voluntarily. An experienced eviction lawyer needs to […]

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