PROPERTY MANAGEMENT
tenant . The first step is to cancel the lease . If there are no grounds for cancellation , i . e ., rent is paid on time and the property is well maintained , you must wait for the expiry of the lease and give the tenant notice to quit on the basis that you do not intend to renew the lease . You must adhere to relevant statutory notice periods . Only if the tenant then refuses to vacate the property can you initiate the eviction process to secure the eviction of a family member .
ADULT CHILDREN What happens when a 30-year-old son or daughter still lives at home and Mom and Dad want to reclaim their privacy ? The parents have been very generous in allowing their adult offspring to remain in the family home , with or without paying rent , long after most have moved out . They have now outstayed their welcome . Hopefully the situation can be resolved by a friendly but firm and frank conversation . If a reasonable request to move out falls on deaf ears , the parents will have no choice but to initiate formal proceedings . Although it is very unlikely a family in this situation will have a written lease , the acceptance of rent or a contribution toward household expenses is considered a verbal lease . The process described above then applies . Mom and Dad must affect a lease cancellation and cannot just deposit belongings in the street and change the locks ( let ’ s hope loving parents would not do that anyhow !).
AN EXECUTIVE DECISION It often happens that a property owner passes away and a family member resides in the home . Where the family member is a spouse the inheritance will be dealt with through the will or the laws of intestacy ( in the absence of a will ). In the case of a family member other than the spouse , both the lease and the will may have an impact on the final outcome . An adult child from a previous marriage or elderly sibling of the deceased owner ( for example ) may have a lease granting tenancy in perpetuity , or the will may stipulate that the property cannot be sold until after the tenant ’ s death . These documents must be consulted before considering eviction .
However , provided there are no provisions of this nature , the law gives the executor the power to dispose of the estate in accordance
with the wishes of the deceased .
40 JUNE 2022 SA Real Estate Investor Magazine