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My husband has unwanted relatives living in s house before…

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Hi my husband has unwanted...
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: 2 years ago.Category: South Africa Law
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Answered in 2 hours by:
1/25/2016
Lawyer: Freddie Lombard, Attorney replied 2 years ago
Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2,818
Experience: Practicing attorney and conveyancer with 16 years post article experience.
Verified

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.

I know it will take an extra minute of your time to rate my service, but if you do not rate it, I do not get paid by the website so I would really appreciate it if you would be so kind as to rate my service positively. Feel free to ask further question here on this topic at no extra cost if you need more information.

Regards

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Experience: Practicing attorney and conveyancer with 16 years post article experience.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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