Good day.My boyfrirnd and I have been to...

Asked by Dolph on 24-01-2022 05:56:26
Question posted in the General Law category relating to Gauteng

Good day.

My boyfrirnd and I have been together for 2 yrs and 3 months of which he has been staying with me in my propert. He has in own property in pretoria. Early in the relation ship he ssked me if he could move on with me an rent out his property for additional income. We verbally the he would pay n certain amount of monthly rent, which he did for about 3 months and then stopped becausw he got himself fired for gross mosconduct at his place of work. He then dis not look for a new job, but instead decided top build and open a little kiosk in a mall. Myself and the company I work fot assisted by building the wholt kiosk as dead cost plus n bunch of other freebees. Before the lesse at the mall was out, the management servec him with high court eviction notice to him verbally harrasing and thtreatening to physically assult HER n public. Whitout his knowledge I arranged meeting with such member of  management, appologised to her on his behalf and cinvinced her allow him to stay the test of the lease. She reluctantly agreed. The were also a few other similar incidents on different occasions. During his time trying to get his nuisiness off the ground, he did not pay a single cent of the agreed rental amoint. This went on for over a year. To be fair he help me with some hoise chores, bought grouseries now and then and paid my electricity bil on hree occasions. The kiosk has since been disassemled in is now filling my garage to the point where I cant ise it at all. The is now possibility of employment and regular income for him on the horizon and suddenly our "not working out" according to him. He TOLD me the I will allow him to stay in MY house for free until he can afford to move out and I was to refuse he will "put a lawyer on me"

I want him out of my house sooner than ASAP and love to know what your thoughts are on this case.

Kind Regards

Anon

Information Requested by Lawyer

Posted by Att. Patrick on 24-01-2022 08:30:00

Hi there and thank you for your question,

I am a practicing attorney based in South Africa and I will assist you with your question. Please feel free to ask as many follow up questions in order to clarify your question. If you have a new question, you must please open a new thread.

Please keep in mind that our discussions is for general information purposes only. Our engagement on this website does not create an attorney-client relationship. 

Do you mind if I take a moment to review your question? I will come back to you shortly!

Att. Patrick

Answer to the Question

Posted by Att. Patrick on 24-01-2022 08:40:01

It sounds to me that you've both been through quite a lot here, and I'm sorry to hear the whole story.

It also sounds to me as if you have a verbal lease agreement with him that he can rent a room in your house with you, and that he will pay you rental. If he hasn't been paying the rental, you are entitled to sue him (either in the Magistrates Court or the Small Claims Court) for the arrear rental, and you can do this, if you want. 

But I think that you really just want him to move out if you are no longer together. 

In that instance, you need to CANCEL the lease agreement. You need to give him something in writing BEFORE the end of the month (i.e. no later than Monday, next week) telling him that you are cancelling the lease agreement and that you are giving him the required 1 month notice to move out at the end of February. 

You could add into the notice that if he moves out sooner you will then write off all of the arrear rental which he owes you so that you can just move on with your life.

If he threatens you, or assaults you, or attempts to do so, YOU NEED TO GO TO THE SAPS and immediately apply for a protection order. You can't be living with somebody in your house for free and have that person assaulting you or threatening to do so. That's not right. 

Then, at the end of Feb, he must move out. If he doesn't, then you are going to have to apply at the Magistrates Court for an eviction order - which could take between 4 - 6 months to get, and could cost you a couple of thousand Rand. So this is not the ideal scenario.

If you don't give him the notice cancelling the lease before the end of Jan, then you will just drag it out another month.

Also, keep a copy of the notice as evidence, and if you can, ask a lawyer / friend to check the wording with you. Also, if you can email a copy of the notice to him that will assist in your proof that you actually gave it to him.

Good luck!

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