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Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2464
Experience:  Practicing attorney and conveyancer with 16 years post article experience.
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Good morning I'm an owner of a house in Phalaborwa. My

Customer Question

Good morning
I'm an owner of a house in Phalaborwa. My brother, Charlie, is presently occupying the house. I want to get a rental agreement signed by him, but he refuses to answer my phone calls in order to make an appointment to see him.
Up to now, he has lived in the house as a perk from the company he works for - my other brother Ken is the director of the company. Up until now, Ken has paid me rental for the house, but has now decided that this is no longer going to be the case.
Can I force my brother - Charlie - to sign a rental agreement or can I evict him from my house.
Thank you
Bernadette
Submitted: 1 year ago.
Category: South Africa Law
Expert:  Freddie Lombard replied 1 year ago.
Hi Bernadette
Thank you for your question. I will try to assist you in answering it today but please feel free to ask as many follow up questions as you like until you are 100% satisfied.
You can enter into a rental agreement with him and if he refuse you can evict him, you just have to see to it that you do it correctly.
I would suggest sending him a letter from an attorney if he refuse to take your calls terminating his right to occupy the property formally and demanding that he either enter into a new rental agreement with you or vacate the property.
If he ignores this, you can issue summons against him for damages which would be fair and reasonable rental and/or you can evict him. The process in doing that is very technical and have to be done correctly in terms of the The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act.
In short my advise would be to get an attorney to handle this on your behalf in order to ensure that everything is done correctly.
I hope this answered your question.
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Regards