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WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15603
Experience:  L.LB (UOVS)
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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?
Submitted: 2 years ago.
Category: South Africa Law
Expert:  WCLawyer replied 2 years 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 2 years ago.
Expert:  WCLawyer replied 2 years ago.

And are you the sole owner of the property?

Customer: replied 2 years ago.
own bond with bank, no tenancy contributions
Expert:  WCLawyer replied 2 years 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