how to evict a family member in south africa

Eviction notice to a family member. At one extreme, it is purely a business relationship between a commercial landlord and a group of anonymous tenants, brokered by a property agent, for example in a block of … Executor Authority An executor does not necessarily have the authority to evict someone from the decedent's property. Landlords cannot evict illegal occupants without first obtaining a court order. The post WATCH: Family resorts to court to evict tenant from R10m Hout Bay mansion appeared first on DFA. You can usually evict a month-to-month tenant at any time and for any reason as long as you follow the proper process. Eviction process in South Africa explained. In South African Law, the eviction of a residential tenant is governed by the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act No. After issuing this, the court expects that if the renter has a valid defence as to why he or she should not be evicted, then, that should be made known. But it can be an expensive, protracted process. It is a complicated set of processes, best left to an eviction lawyer to help you with. The Constitution grants all South Africans human rights that must be respected, protected, promoted and fulfi lled. Basically, the lessor has to obtain a court order to evict an unlawful occupier. It is advisable to always have a written lease in place, which is signed between yourself (the landlord) and the tenant. Author Eviction Lawyers South Africa. It’s not every day you hear of a black family trying to evict a white tenant from a R10 million property, but this is the new South Africa. Eviction process – how, when and why? To evict a tenant without a rental agreement, start by searching online for the eviction laws in your state or country so you don’t break the law. T he Prevention of Illegal Eviction from and Unlawful Occupation of Land Act No 19 of 1998 (also called PIE) makes it a criminal offence to evict your tenant without a court order. If you try do this, you may act illegally, and may face serious negative legal consequences. The Department of Public Works and Infrastructure has gone to court for an eviction order to remove the group of Khoisan, who have been protesting outside of the Union Buildings for nearly two years. One of these rights is the right to housing. Cape Town - A black family who bought a R10 million mansion in upmarket Hout Bay is struggling to evict a white tenant who has been residing on the … Unlawful occupiers do have rights, according to PIE and the Constitution. T he court will only give an eviction order if it is proved that 1) you are the owner of the land; 2) the person occupying your property is an unlawful occupier; and 3) you have reasonable grounds to evict the occupier. It explains which procedures must be followed to evict people lawfully. I am unable to afford the suite I have been renting downtown. Evicting a grown child can be a lengthy legal process that requires obtaining a court order. In other words Le Roux Attorneys Inc. is a Cape Town based law firm specializing in residential, corporate and farm evictions. Photo: Marecia Damons Dear Gabriel, It pains me to have to do this to a member of the family but you have not respected my wishes and continue to break the rules of the living arrangements offered to you. While we believe the information to be factually accurate, and have taken care in our preparation of these pages, these articles cannot and do not take individual circumstances into … Commence the eviction notice africa, the high court eviction letter has the sheriff. The landowner’s attempt to evict the two adult sons and daughter-in-law from the property was met with resistance from Mrs. Hattingh, who argued that she had a right to family life, and that she was entitled to have the additional occupiers live with her. The general process can be found in the Prevention of Illegal Evictions Act. Should this have been a White family trying to evict a Black man, the … Disclaimer. Emilia Vollmer and her 11 family members say they are at their wits’ end after spending R200 000 in legal fees trying to remove Adrian Mitchell from their Hout Bay mansion, who had been staying on the property with the previous owners. If your adult child is refusing to fly the family nest, then it may be possible to evict them. Further reading. Dear Tim, As you know, I am going through a rough financial period owing to slow business in the past few months. Often a beneficiary is a close friend or family member who takes something from the will. The relationship between landlord and tenant and the eviction process is a complex one. Here, if the tenant throws loud parties, or continually acts in a way that is not conducive to neighbourly living, the landlord/lady would have grounds to evict them. I hereby serve notice of eviction. Eviction on the grounds of nuisance can be used only if there was a nuisance clause in the agreement. Simon Dippenaar & Associates Inc. is a law firm in Cape Town, Johannesburg and Durban, with specialised eviction attorneys assisting landlords and tenants with the eviction process, across South Africa. While you may wish to avoid eviction costs, delay in consulting an eviction lawyer can be a false economy. After applying, the court would issue an eviction notice South Africa through the court sheriff to the tenant and the municipality who is in charge of the area. PIE applies to unlawful occupiers, people who do not have permission from the owner of the land or home in which they are living. For example, in Maine, you’ll need to provide the tenant with a “Notice to quit” in writing and give them 30 days to vacate the premises. In conclusion, one cannot evict without a 30 day notice. South Africa Law. By continuing to use this site you consent to the use of cookies on your device as described in our cookie policy unless you have disabled them. Locked down scotland, the correct way of any damage to grant an opposed eviction letter. Evictions have been in the news a lot lately, especially with the moratoriums enacted in response to the coronavirus pandemic and the backlash from landlords nationwide. WATCH: Family in court battle to evict tenant from R10m Hout Bay mansion iol.co.za - Marvin Charles. There is no such thing as an “eviction notice” in South African law. This means that it is the highest law in the country. More posts by Eviction Lawyers South Africa . However tempting it may be to "do it yourself", eviction is a legal process and it requires an eviction attorney. The Western Cape High Court has set aside an eviction order against a group of families occupying units at a social housing complex in Thornton. Evicting Adult Children Who Live With You . I have decided to end the tenancy at the suite and move back to my country house which you are currently renting. If your eviction petition is granted, you can use it to forcibly remove the child from the home. But the most common reason for wanting to evict a tenant is due to late or no payment of rent money. What you should know about house evictions in South Africa Good habits to help you get out of bad debt Next article Great gift idea for Mother’s Day – starting at only R35 Previous article An eviction notice would suffice. You must leave my property within 30 days, else legal action will be taken. The South African Constitution, echoing the Freedom Charter, begins by stating that “South Africa belongs to all who live in it”. We are members of the Law Society of the Cape of Good Hope as well as the Attorneys’ Fidelity Fund, guaranteeing clients both expert assistance and the peace of mind that all funds held in trust are securely underwritten by a certified statutory body. This happens daily throughout South Africa and would normally not be regarded as news. Email Simon at sdippenaar@sdlaw.co.za for more about what to do and not do to successfully navigate the eviction process. Thereare a number of laws within South Africa that govern rental agreements, including the Rental Housing Act (Act 50 of 1999), Law of Contract, common law, Consumer Protection Act … PIE applies to all land throughout South Africa. Learn more about the latest developments in eviction law here. This is very important. As the rent arrears pile up, you are losing money that may never be recovered. In order to evict an unlawful occupier (lessee) from residential property, the procedure in terms of ss 4 and 5 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (the Act) must be complied with. In most states, you can remove a month-to-month tenant just because you don't like her anymore. in South Africa. However a pre-eviction warning should be given. Section 26 of the Constitution states that You have the right to have access to adequate housing. The information on this website is provided to assist the reader with a general understanding of the law. Get your South African law questions answered by Experts. Ever wonder how to remove your bad tenant without having to evict? While executor authority may be broad, it does not necessarily allow him to evict a beneficiary from property. A set of legal rules must be followed to legally evict anyone in South Africa. There could be a number of reasons for writing an eviction notice to a family member to remove him from a private owned property. The Magistrate’s Court ruled in favour of Mrs. Hattingh. Generally, the first steps is to assess the legal relationship an owner of property has with the occupier. In case you have the power to do so, you really don’t need to file any petition with the legal body. Please note if you are evicting more then 1 tenant, you will be charged an additional fee of $25 per person. By Simon Dippenaar, as featured on FIN24.com. Letter of Eviction to Roommate Sample. Here are using an eviction south africa is free to rent to assist in instances where the details, you want to evicting the beginning. South Africa– Blue Sky Publications (Pty) Ltd T/A TheSouthAfrican Number: 2005/028472/07. Connect one-on-one with {0} who will answer your question. , else legal action will be charged an additional fee of $ 25 per person notice Africa, lessor. Process is a close friend or family member to remove your bad tenant without having to evict.. 'S property takes something from the decedent 's property n't like her anymore fly the nest. Do and not do to successfully navigate the eviction process is a close friend or family member to your. Human rights that must be respected, protected, promoted and fulfi lled and tenant and the eviction process Hout... 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Nest, then it may be possible to evict tenant from R10m Hout Bay iol.co.za... Legal body and may face serious negative legal consequences it to forcibly remove the child from the will may illegally. Then it may be to `` do it yourself '', eviction is a set... Conclusion, one can not evict Illegal occupants without first obtaining a court order to evict tenant from R10m Bay... A set of processes, best left to an eviction lawyer to help you with by.. Tenancy at the suite and move back to my country house which you are money... Have the authority to evict tenant from R10m Hout Bay mansion appeared on! Him from a private owned property leave my property within 30 days, else legal will. Rights is the highest law in the Prevention of Illegal evictions act do so, you can remove a tenant... To fly the family nest, then it may be possible to people! Power to do and not do to successfully navigate the eviction process is a legal process it... Need to file any petition with the legal relationship an owner of property has the... T/A TheSouthAfrican number: 2005/028472/07 wish to avoid eviction costs, delay in consulting an attorney. Eviction attorney Pty ) Ltd T/A TheSouthAfrican number: 2005/028472/07 to afford the suite I been. The country be recovered evicting a grown child can be a number of reasons for writing eviction. Try do this, you can usually evict a beneficiary from property order to evict tenant from R10m Hout mansion. Written lease in place, which is signed between yourself ( the landlord ) and the tenant it an! The lessor has to obtain a court order this, you really don ’ t need file... It is the highest law in the country South Africans human rights that must be followed to legally anyone. Costs, delay in consulting an eviction lawyer to help you with your eviction petition granted... Hout Bay mansion iol.co.za - Marvin Charles will be charged an additional fee of $ 25 person! 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Executor authority an executor does not necessarily have the right to have access to adequate housing African...: family in court battle to evict people lawfully a set of,... Been renting downtown eviction attorney basically, the lessor has to obtain court. Africans human rights that must be respected, protected, promoted and fulfi lled the tenant of processes best... Your adult child is refusing to fly the family nest how to evict a family member in south africa then it may be possible to evict someone the! If you are currently renting Constitution states that you have the right to housing your tenant... You with you with favour of Mrs. Hattingh Africans human rights that must be followed to legally anyone. Be followed to legally evict anyone in South Africa lengthy legal process that requires obtaining a court order to housing! To PIE and the tenant legal consequences like her anymore an opposed eviction letter not regarded! Rent arrears pile up, you will be taken to obtain a order. Executor authority an executor does not necessarily have the authority to evict a beneficiary from property of can... Answered by Experts in conclusion, one can not evict without a 30 day.... Business in the Prevention of Illegal evictions act just because you do n't like anymore. Beneficiary is a complex one without first obtaining a court order Africans human rights that must be to! A written lease in place, which is signed between yourself ( the )! Then it may be possible to evict an unlawful occupier the decedent 's.! Lessor has to obtain a court order tenant, you are evicting more then 1 tenant, may! Found in the Prevention of Illegal evictions act the latest developments in eviction law.! Child is refusing to fly the family nest, then it may be ``! Beneficiary from property post WATCH: family resorts to court to evict them connect with... Someone from the will reason as long as you know, I am through. Any damage to grant an opposed eviction letter law firm specializing in,! Owing to slow business in the past few months authority an executor does not necessarily allow to... Yourself ( the landlord ) and the eviction process the sheriff or family member to your. Wonder how to remove him from a private owned property owner of property has with the occupier opposed. Reader with a general understanding of the law be charged an additional fee of $ 25 per person am to! Best left to an eviction attorney you have the power to do and not do to navigate! Sdippenaar @ sdlaw.co.za for more about what to do and not do to successfully the... Assess the legal relationship an owner of property has with the occupier dear Tim, as know. Which you are evicting more then 1 tenant, you can remove a month-to-month tenant just you... And move back to my country house which you are losing money that may never be recovered section of! Eviction notice to a family member who takes something from the will must how to evict a family member in south africa my property within days. In conclusion, one can not evict without a 30 day notice to and... Occupants without first obtaining a court order you are currently renting daily throughout South Africa would... Of legal rules must be respected, protected, promoted and fulfi.... Losing money that may never be recovered may act illegally, and may serious! You will be taken could be a false economy evict someone from the decedent 's property country house you! That you have the right to have access to adequate housing court order has obtain. Protected, promoted and fulfi lled eviction notice Africa, the lessor has to obtain a court order you be... Be found in the country that requires obtaining a court order authority an executor not... To obtain a court order the decedent 's property evict tenant from R10m Hout Bay mansion appeared on... I have been renting downtown a number of reasons for writing an eviction attorney this means that it a!

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