LEGAL
CAN YOU EVICT A FAMILY MEMBER ? There is nothing in the law to stop you . However , there are moral issues and relationship dynamics to think about … not just with the family member who is the tenant but with other family members who may take sides . Families come in all shapes and sizes with varying degrees of affection or antagonism . The tenant who is a family member could be an adult child who hasn ’ t left home yet or a distant cousin who is occupying a property through some long-forgotten verbal agreement . It is not an attorney ’ s place to advise you on the rights and wrongs of evicting a family member . However , there is a legal process that must be followed , whoever the tenant is .
Circumstances may arise in any tenancy agreement where the person in charge of the property needs to cancel the lease or start the eviction process . Let ’ s look at how that process might differ for the eviction of a family member , if at all .
JUST ASK It may seem obvious but the first thing to do is to ask the person to leave . After all , family members should be able to talk to one another , however close or distant the blood tie . If you have an amicable relationship , why introduce a legal process that is bound to cause tension ? Have a chat . But if that doesn ’ t work , or if the relationship with the family member is already strained , what should you do ?
“ If there is no written lease there may still be a verbal lease or an implied agreement . A verbal lease is as binding as a written contract , though it is always advisable to have a signed written lease . This removes any doubt or confusion surrounding the terms of the agreement .”
DOES THE FAMILY MEMBER HAVE A LEASE ? Is there a lease ? This is a very important question . If the family member holds a standard tenancy agreement , the process is the same as it would be for any other
SA Real Estate Investor Magazine JUNE 2022 39