I have inherited a property from my father who passed away recently. The will states the property and all movable items are left to me. I however have relatives who are occupying the property at present. These relatives are alcoholic, constantly drinking and fighting and selling off furniture etc. I need to evict them however have not yet managed to transfer the property into my name. I have however obtained a letter of authority from the master of the high court and collected the title deeds. Please help as neighbours are complaining and threatening to draw up a petition for which I assume i would be responsible since the property has been left to me. What steps can I legally take?
Nothing just yet
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Does the tenants have a lease agreement (written or orally?
Do they pay mostly installments and is it up to date?
BProc, LLB and MBA
Hi Bert There is no lease agreement as these are family members. Rental payments etc are also not being received and have never been received
The Executor has the power to have the tenants evicted. The process will start by giving 20 Days notice as the lease agreement is on 'n month to month basis. To be reasonable i suggest give them 2 months notice. This will count in your favour if this goes to court.
In terms of the Prevention of illgal eviction act (PIE ACT) you will have to bring an application and deliver notices on the tenants, municipality and the court of your .
intention apply for eviction
This is a specilised law matter and for scope of this advise i will not try to explain the procedure in detail it to you.But is will say will look in the time estimate after their notice exspired to approximate 3 months.
As stated the executor has the legal status or when you received legal status(property tranfered in your name) you may apply.
This means that you will not have immeddiate relief and what is worrying your going to have to prove that they have the means to lease another premises or that they have alternative accommadation.
I trust the answer is help full. Please accept the answer when fininshed.
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