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South Africa Legal Questions answered by Lawyers
Browse our 23 legal questions 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
- Brother change my mothers will and i was her caretaker and was the only one that works with the money
- I can share my professional opinion with you.You can contact me on WhatsApp: +38970704335Regards,
- Legal Gaurdianship Appointment
- You will need the court approval on the legal guardianship.kindly contact us via: 07026624801 (call)gavelgreylp@gmail.com
About Hiring a Lawyer in Boksburg, South Africa
Hiring a lawyer in Boksburg, South Africa is a practical step when you face legal issues or need guidance through complex legal processes. The process usually begins with identifying your legal needs and researching suitable law firms or attorneys who specialize in the area relevant to your issue, such as family, property, criminal, or commercial law. After shortlisting potential candidates, you should arrange consultations, discuss fees, experience, and their approach to handling your case. It is important to ensure that your lawyer is registered with the Legal Practice Council of South Africa and based locally to provide easier access to courts and understanding of regional practices. Transparent communication between you and your lawyer will help create a trusting relationship and allow you to stay informed throughout your legal matter.
Why You May Need a Lawyer
There are several circumstances in Boksburg where seeking legal advice or representation becomes necessary. These include:
- Civil Disputes: Disagreements over contracts, property, damage claims, or consumer rights.
- Family Law Matters: Divorce, child custody, maintenance, adoption, or domestic violence protection orders.
- Criminal Charges: Facing charges for theft, assault, traffic offenses, or other criminal acts.
- Property Transactions: Buying, selling, leasing, or transferring ownership of property which requires careful legal oversight.
- Wills and Estates: Drafting or contesting wills and dealing with deceased estates administration.
- Business and Employment Issues: Registering a business, contract drafting, labor disputes, or workplace-related claims.
- Accident and Injury Claims: Personal injury from accidents at work, road accidents, or public liability claims.
- Debt Collection and Insolvency: Recovering debts or managing insolvency proceedings for individuals and businesses.
If you are unsure whether your situation needs legal assistance, many attorneys offer initial consultations to help you decide how to proceed.
Local Laws Overview
Boksburg falls under the jurisdiction of South African law, with specific regional practices influenced by its position within the Gauteng Province. Some local legal aspects you may encounter include:
- Municipal By-Laws: Boksburg is part of the City of Ekurhuleni Metropolitan Municipality, which has its own by-laws governing land use, building regulations, noise control, and public order. Residents and businesses must comply with these, often with the oversight of municipal enforcement officers.
- Property and Zoning Laws: If you are developing property or making changes to land use, local laws and approval processes will apply. The deeds registry and local planning offices in Boksburg play a significant role here.
- Traffic and Road Regulations: Local police and traffic departments enforce both national and municipal traffic laws.
- Business Licensing: All businesses must comply with local licensing requirements and provincial regulations for specific industries.
- Access to Local Courts: Boksburg hosts magistrate’s courts, dealing with civil, family, and criminal law matters. Major cases go to the South Gauteng High Court in Johannesburg.
Your lawyer’s familiarity with these local laws ensures smoother navigation of the legal system in Boksburg.
Frequently Asked Questions
How do I find a reputable lawyer in Boksburg?
You can search the Legal Practice Council’s database, ask for referrals from trusted sources in the community, or contact local bar associations. Check for lawyers experienced in your specific legal issue and confirm their credentials.
What should I bring to my first meeting with a lawyer?
Bring all documents related to your case, such as contracts, letters, court papers, identity documents, and any notes you have about your situation. Be prepared to share a clear timeline of events.
How much do lawyers in Boksburg charge?
Fees vary depending on the complexity of the matter, experience of the lawyer, and time involved. Lawyers may charge hourly rates, fixed fees, or work on contingency in some cases. Always ask about costs upfront and request a written fee agreement.
Can I get free legal assistance?
Some organizations offer pro bono (free) or subsidized legal advice, especially for low-income individuals. Legal Aid South Africa and certain law clinics may assist if you qualify.
How do I know if a lawyer is properly qualified?
Check that the lawyer is admitted to practice in South Africa and is in good standing with the Legal Practice Council. You can verify their status via the Council's official website or request their credentials directly.
Is it better to hire a local lawyer?
A local lawyer in Boksburg will be familiar with regional court procedures, municipal policies, and local contacts, which can benefit your case. Proximity also makes meetings and court appearances easier.
What if I am not satisfied with my lawyer’s service?
You can first attempt to resolve the matter directly with your lawyer. If unresolved, you may lodge a complaint with the Legal Practice Council, which regulates attorneys in South Africa.
How long does a legal matter usually take?
Timeframes depend on the type and complexity of the case. Some issues can be resolved quickly through negotiation, others may take several months or years in court. Your lawyer should be able to give you an estimated timeline.
Will my case be kept confidential?
Yes, lawyers in South Africa are bound by confidentiality and must protect your privacy and information unless disclosure is required by law.
Can lawyers represent me outside Boksburg or in other provinces?
Most lawyers can represent clients beyond Boksburg, especially for High Court matters. However, for convenience and local knowledge, consider hiring a lawyer based in the area relevant to your case.
Additional Resources
- Legal Practice Council: The official regulatory body for attorneys.
- South African Police Service: For reporting crimes or seeking police guidance.
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Department of Justice and Constitutional Development: For information on courts, legal processes, and access to justice.
Lawzana helps you find the best lawyers and law firms in Boksburg through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Boksburg, South Africa - quickly, securely, and without unnecessary hassle.
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.