Best Landlord & Tenant Lawyers in La Lucia
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South Africa Landlord & Tenant Legal Questions answered by Lawyers
Browse our 5 legal questions about Landlord & Tenant in South Africa and the lawyer answers, or ask your own questions for free.
- Can we evict tenants of our property if it is sold?
- Hello:Under Philippine law, the rights of both the property owner and the tenants are governed mainly by the Civil Code and the Rent Control Act (if applicable depending on the rental amount). Since you mentioned that the tenants are not paying rent or deposit, they are already in breach of their lease contract. In such case, you have legal grounds to demand their eviction.a.) Non payment of rent is one of the valid causes to eject a tenant under Article 1673 of the Civil Code. The law recognizes the owner’s right to repossess the property once the lessee fails to comply with his obligation. b.) Even if you sold the property, the new owner generally respects the lease if it is valid and binding. However, because in your situation there is no payment of rent, you or the buyer can institute an ejectment case (unlawful detainer) before the Municipal Trial Court to legally remove them.c.) Since you already gave them notice but they still refuse to vacate, the remedy is to file an ejectment case in court. Self help or forcibly evicting them without a court order is not advisable as it may expose you to counterclaims. We at Recososa Law Firm handle these kinds of cases regularly. We can assist you in preparing the demand letter, filing the unlawful detainer case, and representing you until you legally recover possession of your property. We have offices in Luzon, Visayas and Mindanao, and we can schedule an initial consultation via Google Meet or Zoom call, or you may visit our office physically. You may send us an email at recososalawfirm@gmail.com and indicate that you are a client from LawZana. Alternatively, you can also call or text us at +639175046510.If this answers your concern, I hope it is not too much to ask to like and share our Facebook page and Google page below. This will surely inspire us to do more of this here:Google Page:https://g.page/r/CW7ozgJGLkAMEAI/review Facebook Page:https://www.facebook.com/RecososaLawFirm Sincerely,ATTY. JOFRE B. RECOSOSAOwner/Managing PartnerRecososa Law FirmE-mail: recososalawfirm@gmail.comMobile/Viber/WhatsApp: +63-917-504-6510
- Does my landlord have a right to give me a two weeks notice because I paid my rent late?
- It is wrong. Contact me ASAP via mail paulohimatt@gmail.com or call/Whatsapp 08089901606
- Eviction appeal
- **SJ Law Experts, Islamabad**All matters related to U.S. Immigrant Visa Petitions, USCIS Petition, USCIS Consular Report of Birth Abroad (CRBA), USCIS Waiver Petition, USCIS Motion, U.S. Returning Resident Visa (SB-1 Visa), U.S. Nonimmigrant Visas, Canada, UK and Schengen States Visa applications and Family Law, Property Law or Corporate Law: Contact SJ Law Experts, Islamabad or Call /WhatsApp at +92 335-411-2288 and email at SJLawExperts@gmail.com. For more information, visit our Website: www.SJLawExperts.com.Thank youSJ Law Experts, Islamabad [Advocates, Legal Advisors & Immigration Lawyers]
About Landlord & Tenant Law in La Lucia, South Africa:
Landlord and tenant law in La Lucia, South Africa, governs the rights and obligations of both parties in a rental agreement. This area of law covers issues such as rental payments, repairs and maintenance, eviction procedures, and disputes between landlords and tenants.
Why You May Need a Lawyer:
You may need a lawyer specializing in landlord and tenant law in La Lucia, South Africa, if you are facing issues such as lease agreement disputes, eviction proceedings, breach of contract by either party, or any other legal matter related to renting or leasing a property. A lawyer can help protect your rights and navigate the legal system on your behalf.
Local Laws Overview:
In La Lucia, South Africa, the Rental Housing Act and the Consumer Protection Act are two key pieces of legislation that govern landlord and tenant relationships. These laws outline the rights and responsibilities of both parties and provide guidelines for resolving disputes. It is important to familiarize yourself with these laws to ensure you are abiding by them.
Frequently Asked Questions:
1. Can a landlord enter my rented property without permission?
In general, a landlord must provide reasonable notice before entering the rented property, except in cases of emergency.
2. What can I do if my landlord refuses to make necessary repairs?
You may have the right to withhold rent, repair the issue yourself and deduct the cost from rent, or pursue legal action against the landlord.
3. How much notice does a landlord have to give before evicting a tenant?
The landlord must give the tenant written notice of at least one month before initiating eviction proceedings.
4. Can a landlord increase rent whenever they want?
A landlord cannot increase rent during the fixed period of a lease agreement unless otherwise stated in the contract.
5. What are my rights as a tenant if the property is sold?
Your lease agreement remains valid after a property is sold, and the new owner must honor the terms of the existing lease.
6. Can a landlord evict a tenant without a court order?
No, a landlord must obtain a court order to legally evict a tenant, and self-help evictions are illegal.
7. What can I do if my landlord is harassing me?
You should document any incidents of harassment and consider seeking legal assistance to protect your rights and safety.
8. Can a landlord terminate a lease early?
A landlord can terminate a lease early in specific circumstances outlined in the rental agreement or by providing notice as required by law.
9. Are there restrictions on security deposits?
Landlords are limited in the amount they can charge for a security deposit, and they must adhere to certain rules regarding the handling of these funds.
10. How can I enforce my rights as a tenant?
You can seek legal advice from a lawyer specialized in landlord and tenant law, file a complaint with the Rental Housing Tribunal, or pursue legal action through the courts if necessary.
Additional Resources:
For more information on landlord and tenant rights in La Lucia, South Africa, you can contact the Rental Housing Tribunal or consult the Rental Housing Act for specific legal provisions related to renting a property.
Next Steps:
If you require legal assistance related to landlord and tenant matters in La Lucia, South Africa, it is advisable to consult with a qualified lawyer experienced in this field. They can provide guidance on your rights, the legal process, and how to resolve any disputes that may arise.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.