Home Eviction....

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Stellenboschgirl

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Hi There I am new to this site but was told that this is the best site ever and will be helped here

I am a 50 year old single mother of 2 boys 10 and 15 and also looking after my sickly mother of 79. The house I am living in for the past 9 years (and paying rent) belongs to the Stellenbosch Municipality and when we moved in I was still married to my then husband who is working for them. These homes are for Municipal workers and their families so they get better rental rates

He abandoned his kids and moved out to move in with his 24 year old mistress leaving us behind Our divorce became final on the 1st April 2015 and he re-married this year in September

NOW the municipality wants Myself and my two kids and mother to move out BUT WE CANNOT AFFORD TO

We have no where to go and cannot afford R12 000 a month for a house

I have been told by so many people that I cannot be evicted if I am paying rent NO MATTER WHAT

The contract of the house is in my EX's name and not mine but I am prepared to take it over and even pay more rent if I have to

PLEASE PLEASE can someone tell me what I can do here as I cannot move I JUST CANNOT I have animals too and would not know what to do with them

I am currently unemployed and this makes the matter even worse

My ex only pays for the house that is R4000 a month the rest I have to care for myself

He does not see the kids very much as he is always "busy"

PLEASE I NEED HELP even if you can tell me who I can contact to help me PRO BONO and to represent me in this matter

WARM GREETINGS
 
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So what do the legal eagles think about this?

I have been told by so many people that I cannot be evicted if I am paying rent NO MATTER WHAT
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I am not a lawyer, but as far as I know, it is not that easy to evict someone. They will need a court order and if you are paying I can't see any reason to evict you?
 
Good luck!

It takes a very long to evict someone, so worst case you have housing for another year or so.
 
It will take them awhile to evict you, but they can legally evict you even if you are paying rent...
 
that is a rough one :( hope you can find a solution, but imagine if it were your property and someone didn't want to leave because they couldn't afford it, also being an institution and not just a singular person i doubt their will be any compassion to your plight from their end, just people who have jobs doing what they need to do.
 
If your ex pays the R4k for the house at the moment can't he pay the rent somewhere else? How bout the dude see that as child support huh?
 
heartbroken said:
Good luck!

It takes a very long to evict someone, so worst case you have housing for another year or so.
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3 months if the contract has expired.


Good luck though you will eventually have to move so start preparing for that.
 
first how old is your ex? Did he still paying you? as surely he can pay to cover other place

Can't you looking for a place to rent somewhere nearby or other area similar to what you pay the rent at Municipality? ** Sorry was reading again and I see you are unemployed. How long you been unemployed? Hope you will find job and move on.

hope you will find a right solution.
 
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Hi All, it not a case of NOT wanting to move I just cannot see why I should move if I am prepared to pay rent...........All they will do is put someone else into the house that works for them. My mother is also a retired person from ****Munisipality and we actualy know everyone very well even those that want us our...........When we moved in the house and garden was in shambles It was shocking and cockroaches all over the place, this is the standard of person that lived here. <removed by mod - unnecessary to this thread>

We cleaned up the place and made a beautiful garden for our two boys This is now a home to be proud of CLEAN AND NEAT and a place you want your family at...........I just feel that I have worked so hard for 9 years to get this place like this with no help from the Municipality and now they just want to give it to another family who will NOT appreciate it as we did and it will become a DUMP once again

Do you guys understand NOW why i am upset

PS I went for a job interview today and it looks promising...................Both my boys are in schools here and i cannot move but the housing rent in my town is WAY above my breadline.................the 4000 I am getting is my child support and has to go for rent etc I dont get anything more
 
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Ok, let me clue you in to a little fact of life.

The municipality doesn't care what you've done, or how you feel about it or that you are paying rent. The housing is for Municipal employees and their family, which you are not anymore. They will evict you and legally can do so, even if you are paying rent and are a great tenant and and and.... its irrelevant. They will issue you notice, and if you don't move it will go to court and an eviction notice will be issued.
 
The eviction order will take quite some time but make sure you go to court when it is served on you and the municipality will have to prove that you can find alternative accommadation as the PIE Act stipulates. In the meantime i suggest you try this: Rental Housing Tribunals
The government has established Rental Housing Tribunals in each province to deal with all types of illegal or unfair practice relating to the landlord/tenant relationship. The Tribunals are courts, with powers similar to those of magistrate's courts.
Tel: 086 010 6166

Good luck but I suggest you start looking for another place to live in. I would think that you would have some provision in the divorce settlement and maintenance order for the children which would assist you.
 
Your fight should be with your ex, not with the Municipality.

He was the reason you got to rent the house, him leaving that benefit goes with him.

It is actually quite shocking that you are putting your problems on the shoulder of the municipality
 
Stellenboschgirl said:
We cleaned up the place and made a beautiful garden for our two boys This is now a home to be proud of CLEAN AND NEAT and a place you want your family at...........I just feel that I have worked so hard for 9 years to get this place like this with no help from the Municipality and now they just want to give it to another family who will NOT appreciate it as we did and it will become a DUMP once again
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Only renting my second place now but moved a lot with my parents over the years. I do believe in not investing too much into a place that you do not own. You will never be re-reimbursed sentimentally or financially when you leave.

How about looking for a farm house? Transport might be an issue but farm houses are generally cheaper then in town.

ps. Goodluck with the job hunting.
 
Stellenboschgirl said:
Hi All, it not a case of NOT wanting to move I just cannot see why I should move if I am prepared to pay rent...........All they will do is put someone else into the house that works for them. My mother is also a retired person from ****Munisipality and we actualy know everyone very well even those that want us our...........When we moved in the house and garden was in shambles It was shocking and cockroaches all over the place, this is the standard of person that lived here. <removed by mod - reference not required in this thread>

We cleaned up the place and made a beautiful garden for our two boys This is now a home to be proud of CLEAN AND NEAT and a place you want your family at...........I just feel that I have worked so hard for 9 years to get this place like this with no help from the Municipality and now they just want to give it to another family who will NOT appreciate it as we did and it will become a DUMP once again

Do you guys understand NOW why i am upset

PS I went for a job interview today and it looks promising...................Both my boys are in schools here and i cannot move but the housing rent in my town is WAY above my breadline.................the 4000 I am getting is my child support and has to go for rent etc I dont get anything more
Click to expand...

This post means nothing.
It's not your house so you chose to fix everything and make it look pretty all on your own.
It makes no difference how you feel, it's municipal housing.

It sucks but it's unfortunately how they will see it.
 
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Summing up your options from what I have read in the replies...

1.) Look for a new place immediately. The Municipality can legally evict you since you do not work for them.

2.) Finding a new place might take some time so stretch it out a bit, make the municipality get an eviction notice from the court. This should give you some time to get a new place but do not take your time looking! Make it your no.1 priority.

3.) Forget about what you invested into the property. You do not own it. Save yourself the expense and work and do not invest too much into some else's property from now on.

4.) Go see a lawyer about getting your ex to pay some of the rent as him leaving caused you to incur a bigger rent expense.

5.) Stellenbosch is an EXPENSIVE area. Try to see what you can get in Strand/Somerset west.

6.) This is the last school month of the year. If push comes to shove put your kids in school in Strand/Somerset west if you find a place there.
 
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