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CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1264
Experience:  BCom; LLB; Masters in Law
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Hi there, my sister in law bought a repossessed house. She

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Hi there,

my sister in law bought a repossessed house. She has been paying bond repayments for it for over 8 months but the occupants are refusing to leave effectively living there for free. she has unsuccessfully used the services of a sheriff and a lawyer and has to pay R5000 everything there is an appearence, can you help with advice
Hi there,

The advice is simple.

She needs to ask her attorney to apply for the occupiers eviction using a PIE Eviction application - which can be done through the Magistrates Court. If the occupiers don't have a legal ground to raise to say that they are entitled to stay there, then they must leave. If her attorney has NOT done a PIE Eviction application, then he has done something wrong. Find out what the attorney has done, and let me know.

Unfortunately your sister is in a difficult position. She needs to pay her bond.

Any damages that she has suffered (i.e. lost rental) can be recovered from the occupiers of the property. But, she will ALSO need to sue them in order to recover this amount.

Essentially, two processes. One to evict them. The second to recover damages.

If there is something more specific that you need clarity on, please continue in this same thread. Let me know if you need more advice!

I hope you found my answer helpful. If you did, PLEASE rate my answer & please leave me positive feedback!

Good luck and best regards,


Please note: This answer does not create an attorney-client relationship. Please consult a local attorney in person for legal advice. This information is being provided so you can better discuss legal matters with your attorney.
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