LEASES AND EVICTIONS
Tracy Sischy attorneys in Randburg is a boutique law firm that was established during 2003 and which specialises in landlord & tenant, leases and evictions.
Owners and landlords must obtain an eviction court order before they can effect an eviction.
We, at Tracy Sischy Attorneys, Randburg are proficient in evictions, landlord and tenant issues and disputes, leases, management of rentals, and enforcing payment of arrear rentals.
We assist either landlord or tenant and can provide you with all the legal requirements you need.
PIE (Prevention of Illegal Eviction) governs residential evictions and the Unlawful Occupation of Land Act 19 of 1998. PIE covers the regulation of both the lawful removal of unlawful occupiers and landowners’ rights to approach the courts in obtaining an eviction order.
Mentioned below are some of our expertise:
- Credit checks on prospective tenants
It is essential to have proper credit checks to prevent future problems arising for owners or landlords. These checks return with information about judgements and defaults.
- Drafting and reviewing of residential or commercial lease agreements
We cannot impress the importance of an adequately drafted residential or commercial lease agreement enough for prospective tenants and owners/landlords. An adequately prepared agreement that both tenant and owner/landlord understand is imperative.
We recommend to tenants not to sign anything unless reviewed by an attorney like ourselves, who has an in-depth knowledge of agreements.
- Evictions of unlawful/non-paying tenants
The PIE Act underpins most residential eviction cases. Establish certainty that the person is an illegal occupant. Non-payment of a tenant does not automatically cancel a lease agreement. A ‘Breach’ clause in a lease agreement allows the landlord to give written notice of the breach to the tenant, allowing an amount of time to remedy the breach. After the expiration of the notice period, a landlord is permitted to cancel the lease agreement. We have the expertise to assist a landlord or a tenant if this unfortunate issue may occur.
- Instituting legal action for outstanding rental amounts
A tenant must make prompt and regular payments of rent and other charges agreed upon in the lease agreement. There are, however, instances where tenants lapse in their payments and promise to make them but do not honour their promises. Come for advice and action by our legal experts on this issue. We will be able to give you the results you expect.
- Representation of both the landlord and the tenant
We can give legal advice and action if needed to both landlords and tenants.