LEGAL
If there is a tenant in situ , and the executor elects to sell the property , the tenant has no extraordinary rights . Due process must be followed and the tenant cannot be summarily removed from the property , but the executor has the right to cancel the lease and begin the eviction process if the tenant does not cooperate .
CASE STUDY In the case of Meyer NO v Sifile , which came before the Western Cape High Court in 2011 , the court ruled that the purpose of the PIE Act extends to executors , who have the right of eviction of a family member . The court noted , “ The estate of a deceased person is an aggregate of assets and liabilities and a totality of the rights , obligations and the powers of dealing therewith , vests in the executor .”
WHEN THE FAMILY MEMBER IS AN ABUSER Perhaps you share your home with a family member who abuses you . Domestic abuse can take the form of physical , mental or emotional abuse . You do not have to be married to the abuser to lay a claim of domestic abuse .
There only needs to be a domestic relationship , defined as :
• A person you are married to , whether in a civil or customary marriage
• Your partner ( of the same or opposite sex ) who lives or has lived with you , even though you were not married to each other
• The other parent of your child or someone who shares parental responsibility with you for a child
• Someone related to you by blood ties , marriage or adoption
• Someone you share a residence with
If you suffer abuse at home , you can obtain a protection order in terms of the Domestic Violence Act 116 of 1998 . This prohibits the abuser from entering the shared home . This should protect you from further abuse and is much swifter than eviction , which may not be relevant if the abuser is not your tenant . However , if the abuser is your tenant and you can prove that imminent harm will be caused by them , you may be able to secure an Urgent Eviction .
Simon Dippenaar Founder & Managing Partner
Simon Dippenaar & Associates