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Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2609
Experience:  Practicing attorney and conveyancer with 16 years post article experience.
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My husband has unwanted relatives living in s house before

Customer Question

Hi my husband has unwanted relatives living in his house before we got married they have live for free the past 8 years without them paying any rental or making any financial contribution to the maintenance of the house. I am own 50% of the house and it drains us financially we simply cannot afford to have them live in the house any longer. We want the family evicted giving them proper notice and follow decent procedure. Please advise process to follow if there is no lease agreement in place and ownership has effectively changed.
Submitted: 1 year ago.
Category: South Africa Law
Expert:  Freddie Lombard replied 1 year ago.

Hi there

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 and your husband will have to agree on what steps to take in order for you, as co-owners of the property, to speak from one mouth. I would recommend that you inform the relatives, preferably in writing, that they can no longer stay on at your property and that you are ending their right to reside there.

If they refuse to move, you will have to apply to court for a order evicting them from your property. This is a very formal process and you will not get it right without the assistance of an attorney.

You can also take another route and inform them that they can no longer reside there for free and they will have to start paying rental from some point in time or they will have to vacate the property. You will then be able to claim damages from then if they refuse to pay (equal to the amount of rental they should have paid for the relevant period) and you can also apply for their eviction.

Please take not that the provisions of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) makes is illegal and unlawful for anybody to evict a person from his residence without a court order.

I hope this answered your question.

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