How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask WCLawyer Your Own Question
WCLawyer
WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15597
Experience:  L.LB (UOVS)
32244620
Type Your South Africa Law Question Here...
WCLawyer is online now
A new question is answered every 9 seconds

How do I evict a person in a "soured" relationship not

Customer Question

Hello Mike,
How do I evict a person in a "soured" relationship not wishing to leave by own choice?
Thanks
Submitted: 1 year ago.
Category: South Africa Law
Expert:  WCLawyer replied 1 year ago.

Good Morning.

In order to provide you with the most accurate answer, I may have to ask you a lot of questions. This may seem tedious and irrelevant, but trust me, there is a reason for every question. So please be patient throughout the process and if it takes a little long for me to come back to you, it is probably because I am researching your answer. I hope that is okay.

Do you own the property or do you rent the property?

Customer: replied 1 year ago.
own
Expert:  WCLawyer replied 1 year ago.

And are you the sole owner of the property?

Customer: replied 1 year ago.
own bond with bank, no tenancy contributions
Expert:  WCLawyer replied 1 year ago.

You would be able to evict the other person, yes, but you are going to have to follow the same procedure as if he was an non-paying tenant, unfortunately. That would mean an application at the Magistrates Court where the property is situated for an eviction order under the Prevention of Illegal Eviction from Unlawful Occupation Act.

This is, unfortunately, not an easy order to do yourself without at least the assistance of an attorney, even if he/she is not going to represent you. So, unfortunately, I would have to recommend that you make use of the services of an attorney to bring the application on your behalf.

It also takes about 4 - 6 weeks to get, assuming that the illegal occupant is not going to oppose the application.

I know that this is probably not the answer that you have hoped for, however, I hope that you can still get some value out of it. I try my best to provide you with a legally sound and accurate answer and however much it pains me, it is not always good news. Trust me when I say that I wish I could provide you with a more optimistic answer. If you have follow up questions before you rate, feel free to ask them at no extra cost. If you are satisfied with the service,kindly rate it positively