Asked by the Customer on 01-06-2014 18:18:30
Question posted in the General Law category relating to Gauteng
Question posted in the General Law category relating to Gauteng
We have illegal tennents that refuse to leave property and this cousing us a lot of loss in property as well as selling the property. We have given notice and was thrown back in my face he also threaten me and my family. Nobody wants to help us not even the police. We have now decided to offer him alterinative accommodation with conditions because its still on the property hoping that he will not accept and leave. He's very stubborn! I'm desperate and cortius at the same time he a person who takes revenge. Have no males on the property and he thinks he just it! Every time I tell him to leave he takes his anger revenge on me by wanting to throw stones and keeps swearing me with my private parts etc. This more or less in a nut shell I'm desperate and don't have money to take this to high court!
Message from the Attorney
Posted by Att. Patrick on 01-06-2014 21:28:54
Hi there and thank you for your question,
This is a further information request. Please continue in this same question conversation so that I can see your reply.
Before I answer your question, I need to know whether the land that you are referring to is farm land, or is it residential land? If farm land, is he a labourer on the farm?
Att. Patrick
This is a further information request. Please continue in this same question conversation so that I can see your reply.
Before I answer your question, I need to know whether the land that you are referring to is farm land, or is it residential land? If farm land, is he a labourer on the farm?
Att. Patrick
Message from the Customer
Its a small holding. No he never worked for us he was renting then after my brother pass away he started his nonsence not paying rent and chased all the other tennents away and started an illegal shabeen from there it just snow balled with his arogance and threats. He took advantage because we are just women staying on the plot.
Message from the Attorney
Posted by Att. Patrick on 02-06-2014 23:15:43
Hi there,
In order to have him evicted from the small holding, you are unfortunately going to have to hire an attorney in order to assist you in bringing a PIE Eviction application at your local magistrates court. That is literally the only way that you will be able to get him out. The attorney will need to assist you in drafting the application, and then drafting an affidavit that you must sign which will set out the background and the reasons why this man has to vacate the small holding.
The magistrate will hear the application in court, and the man will have an opportunity to hand in his own affidavit in court. The magistrate will then make an order that he is evicted, and will make a further order empowering the sheriff of the court to actually perform the eviction on a date that the magistrate will decide.
If I'm honest with you, from the date that you see the attorney, it will take you roughly 4 months to have this man evicted successfully. You'll also need to spend about R8000 in legal fees, and possibly R2000 in sheriffs fees just to have him evicted. To assist, you should ask an attorney to work at the magistrates court tariff, so that you will be able to recover most of your legal fees from the man.
I can't refer you to a specific attorney, but I can direct you to the following two websites, www.findanattorney.co.za OR www.attorneys.co.za, where you can find a list of qualified attorneys in your area who will be able to assist you further!
If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.
Att. Patrick
Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the ACCEPT button in order to mark the question as closed.
In order to have him evicted from the small holding, you are unfortunately going to have to hire an attorney in order to assist you in bringing a PIE Eviction application at your local magistrates court. That is literally the only way that you will be able to get him out. The attorney will need to assist you in drafting the application, and then drafting an affidavit that you must sign which will set out the background and the reasons why this man has to vacate the small holding.
The magistrate will hear the application in court, and the man will have an opportunity to hand in his own affidavit in court. The magistrate will then make an order that he is evicted, and will make a further order empowering the sheriff of the court to actually perform the eviction on a date that the magistrate will decide.
If I'm honest with you, from the date that you see the attorney, it will take you roughly 4 months to have this man evicted successfully. You'll also need to spend about R8000 in legal fees, and possibly R2000 in sheriffs fees just to have him evicted. To assist, you should ask an attorney to work at the magistrates court tariff, so that you will be able to recover most of your legal fees from the man.
I can't refer you to a specific attorney, but I can direct you to the following two websites, www.findanattorney.co.za OR www.attorneys.co.za, where you can find a list of qualified attorneys in your area who will be able to assist you further!
If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.
Att. Patrick
Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the ACCEPT button in order to mark the question as closed.
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