EVICTIONS
Eviction Attorneys in Cape Town
Evictions are serious legal matters that affect both property rights and housing security. Whether you are a landlord seeking to recover your property, or a tenant facing eviction, professional legal assistance is essential.
HB Attorneys Inc. represents both landlords and tenants in residential and commercial eviction matters across South Africa.
We ensure the process is handled lawfully, fairly, and in full compliance with the law.
The Law Governing Evictions
Evictions in South Africa are regulated primarily by:
- Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE Act)
- Rental Housing Act 50 of 1999
The law protects both property owners and unlawful occupiers. Failure to follow proper legal procedures can result in serious consequences.
We ensure strict compliance with all statutory requirements.
For Landlords
If you are a property owner, you may require eviction where:
- The tenant is in rental arrears
- The lease has expired
- There is a material breach of the lease agreement
- The property is unlawfully occupied
- The lease has been lawfully cancelled
We assist landlords with:
- Drafting letters of demand
- Lawful cancellation of lease agreements
- Preparing eviction applications
- Court appearances
- Enforcing eviction orders through the Sheriff
We protect your property rights while ensuring compliance with the PIE Act.
For Tenants
If you are facing eviction, you have legal rights.
Under the PIE Act, a court may only grant an eviction if it is just and equitable, considering factors such as:
- Presence of minor children
- Elderly or vulnerable occupants
- Availability of alternative accommodation
- Procedural fairness
- Proper notice requirements
We assist tenants with:
- Opposing eviction applications
- Challenging unlawful lease cancellations
- Ensuring procedural compliance
- Negotiating payment arrangements
- Protecting constitutional housing rights
- No one may be evicted without a valid court order.
Residential vs Commercial Evictions
Residential matters are governed primarily by the PIE Act and require strict procedural compliance.
Commercial evictions may proceed differently depending on the lease terms and whether the matter is opposed.
We advise both commercial landlords and commercial tenants on their rights and obligations.
Urgent Applications
Urgent applications may arise where there is:
- Illegal occupation
- Property damage
- Threats or criminal conduct
- Lock-outs or unlawful eviction attempts
We act swiftly in urgent matters to protect our clients’ rights.
Contact HB Inc. Today
Whether you are a landlord seeking to recover your property, or a tenant facing eviction, we are ready to assist.
Let us help you take the first step toward a more secure and peaceful future.
● Phone: 072 853 5600 | 074 347 3776
● Email: brandon@hbinc.co.za | havashini@hbinc.co.za
● Website: www.hbinc.co.za
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