RE: Legal AssistanceWe have family stayi...

Asked by Justin on 29-12-2021 12:19:35
Question posted in the General Law category relating to Western Cape

RE: Legal Assistance

We have family staying with us for almost 8 years. They live in a wendy house at the back. We've never charged them rent as they are family. Lately we've been experiencing a lot of challenges with them.

1. Do I as the owner have the right to prohibit anyone access to my property that comes to visit them?

2. Do I as the owner have the right to change the locks, that only I have a key to ensure access control to my property?

3. They've been told in June 2021 that they need to find alternative space. I've asked them again now that they need to move at the end of January. Their answer - I can't tell them to move. They have two alternatives with family.

4. Do I have the right to refuse them electricity in an attempt to get them to move?

Please assist me as to my rights as property owner in this regard.

Message from the Lawyer

Posted by Att. Patrick on 29-12-2021 22:39:43

Hi there,

I see that you haven't made a payment for the question, but I'm going to assist you a little. If you want to ask a follow-up question, please make the required payment, even if it is R150 or R200.

Re 1) no, not really, if they are visiting the wendy house because you can't deny your family (in the wendy house) the right to have visitors. 

Re 2) No.

Re 3) You can tell them to move. What you need to do is to terminate their lease agreement, by giving them reasonable notice. In your situation reasonable notice might be 3 or 4 months. Otherwise, if they refuse to move, then you will need to evict them through the magistrates court. 

Re 4) No.

Att. Patrick 

Please remember this is a dialog if you have follow-up questions please make the required deposit, then use the REPLY button and ask your further question. I would like to continue assisting you, but I need to concentrate on people who make deposits for their questions - they get serviced first!

If you would like to view the entire answer, you will need to either login or register a FREE account.


DISCLAIMER: Advice or answers from Lawyers on South African Legal Advice are not substitutes for the proper advice of an Lawyer. South African Legal Advice is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Lawyer who assists with your question is not your Lawyer, and the response above is not to be considered to be 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 Lawyers, not South African Legal Advice. The site and services are provided “as is”. 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.