sharQ1 = eviction issues
Q =
”
i have being staying with my father in room to rent, now my father he is no longer staying in gauteng, since my father left for more that two years i have being paying rent since then now the landlady want to invict me saying that i’m not her tenant my father was, she even got affidavity to let me know that my father can stay until the end of december but what i don’t understand is that how she can give my father one month to stay while my father he is no longer staying in the room i’m the one who is staying there, pls help.
”
Pointer =
”
oral lease agreement (totally valid), even (especially) if you paid her yourself… would probably include a “reasonable” notice period, which in my opinion is one month…
For her to evict you she would have to have more than just an affidavit… she would first have to bring an ex parte application in terms of the Prevention of Illegal Eviction Act to the magsitrate to show him she has a prima facie case… at this stage you are not involved yet – the magistrate has to make sure she is following the law…. she would then get his ok if things are fine after which she will have to serve a summons (endorsed by the clerk of the court) on you AND the municipality to give you notice of a court case (date, etc). The summons will also include her affidavit. For the court case you would have to place an opposing affidavit before the court (ie, stating it was an oral lease agreement, she gave you one month’s notice and that the one month hasn’t expired yet – thus rightful occupation).
The opposing affidavit would need to be handed to her and to the court by latest before 12 o’clock the day before the case (that is when the clerks close the roll and draw all the files and prepare them for the magistrate – at least in theory and in general practise in the cape area). She would have a chance to file an answering affidavit on you if she so wishes (dealing ONLY with the facts you raised, she is not allowed to raise new facts at the answering stage).
Normally magistrates will allow postponements for the papers to be filed, but you would have to give a reason why you didn’t file it in time. This you can play to your advantage if you are the respondent.
In the end, if she is successful, the magistrate will issue a court order, ordering you to vacate the premises by a certain date/time, failing which he will order a date at which the sheriff will come to the property to forcefully evict you.
Quite a lengthy process (probably more than a month in practise)… Also the reason why so many people complain (legitimately so!) about the process, especially if you as the landlord is not at fault and want to get non-paying tenants out ASAP.
Hope this helps!
”
(from my broadband.co.za)
April 2nd, 2008 at 8:48 am
[...] So, let’s say he elects to cancel the lease agreement (the most obvious and common choice)… Now the landlord would have to start two legal proceedings against you; the one being for collection of the outstanding rent (a normal civil claim for monies due and owing) and then, the second case (under an entirely different case number) would be to evict you in terms of the Prevention of Illegal Eviction Act (see my previous post on this act and how it works, here). [...]