Home Eviction....

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Why are you unemployed? If you were a housewife during your marriage, then your husband is legally liable for your well-being.
 
Raphael123 said:
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.
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Thank you for your comforting words
 
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. <mod note - reference removed>

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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making where you live better is expected, and (and they don't even need to) they could argue the reduced rent greatly helped you fix up the place.

no one here is fighting with you, they are trying to explain how we see it from a 3rd part view. You are emotional about it, which is expected.

Stellenboschgirl said:
JIP i have realized that BUT i am still gonna fight my case
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you don't have a case, have you sought out employment at the municipality?
 
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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 - unnecessary to this thread>
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If you wanted to make something beautiful you should have bought a place, they won't give a rats arse about what you did to their property. Their property being the key word, you can fight it but if they want you out you will be out soon. Just try not to embarrass your children by having your belongings dragged out into the street by the sherif of the court.
 
lemme jump in

as said before by many, it's the municipality's house, and a benefit extended to your "ex" as part of his remuneration package.
in terms of that, you are not party to the lease agreement as such, but there are other property related laws that may afford you some protection.

per post #25 above, look for employment (of any kind) within the municipality to qualify for the same benefit, however, keep in mind there are probably qualifying criteria in order to rent a subsidized property ie - pay grade, length of service etc.
so even if you are able to land a job, ensure that this benefit is transferrable to you.
(i'm guessing there is a lengthy waiting list for these properties).

another angle to look at is having the ex, as part of a divorce settlement, to continue leasing the property for you and his children to remain in.
the lease probably stipulates that he cannot sub let (he would not be sub-leasing tho) and occupants must be direct dependents of his, which his children certainly would be, and yourself to a lesser extent - divorce lawyers can be creative and offer a sweet quick and easy settlement that can benefit both yourself and your ex

you need to lawyer up, one way or the other in order to deal with this and any pending divorce.
many bigger law firms do pro bono work, my attorneys do, but they tend to do work in different fields of legal practice, as well as geographical locations.
contact them and ask them who else you could approach regards this matter if they are unable to assist.
https://www.ensafrica.com/legal-experts/pro-bono?departmentId=103&SearchTerm=pro bono&type=areas
 
I am getting advice from a friend who is going to approach a Lawyer As I see it the law is on my side

If a woman that is at the head of the family with children and "old People" cannot be evicted unless there is another appropriate place to stay is given to them

“The PIE Act was introduced to regulate the eviction process and to afford proper judicial oversight. It was enacted to balance the owner’s property rights and the occupant’s right to access to housing

On the one hand, a court may refuse an eviction application if the respondent would be rendered homeless and the granting of the eviction order would not be just and equitable in the circumstances “
 
Stellenboschgirl said:
I am getting advice from a friend who is going to approach a Lawyer As I see it the law is on my side

If a woman that is at the head of the family with children and "old People" cannot be evicted unless there is another appropriate place to stay is given to them

“The PIE Act was introduced to regulate the eviction process and to afford proper judicial oversight. It was enacted to balance the owner’s property rights and the occupant’s right to access to housing

On the one hand, a court may refuse an eviction application if the respondent would be rendered homeless and the granting of the eviction order would not be just and equitable in the circumstances “
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You are wasting your time, energy and possibly money on a losing battle which will end in you being physically removed with your belongings.

Just a few weeks ago I watched them evict many many families, that are far more destitute than you, from a privately owned building. Items were tossed off of balconies into the street.
 
grantza said:
lemme jump in

as said before by many, it's the municipality's house, and a benefit extended to your "ex" as part of his remuneration package.
in terms of that, you are not party to the lease agreement as such, but there are other property related laws that may afford you some protection.




per post #25 above, look for employment (of any kind) within the municipality to qualify for the same benefit, however, keep in mind there are probably qualifying criteria in order to rent a subsidized property ie - pay grade, length of service etc.
so even if you are able to land a job, ensure that this benefit is transferrable to you.
(i'm guessing there is a lengthy waiting list for these properties).

another angle to look at is having the ex, as part of a divorce settlement, to continue leasing the property for you and his children to remain in.
the lease probably stipulates that he cannot sub let (he would not be sub-leasing tho) and occupants must be direct dependents of his, which his children certainly would be, and yourself to a lesser extent - divorce lawyers can be creative and offer a sweet quick and easy settlement that can benefit both yourself and your ex

you need to lawyer up, one way or the other in order to deal with this and any pending divorce.
many bigger law firms do pro bono work, my attorneys do, but they tend to do work in different fields of legal practice, as well as geographical locations.
contact them and ask them who else you could approach regards this matter if they are unable to assist.
https://www.ensafrica.com/legal-experts/pro-bono?departmentId=103&SearchTerm=pro bono&type=areas
Click to expand...



Well the rent is coming straight off his salary so in actual fact he is not subletting he is just not staying in the house So the whole matter is actually just a screw up..........I need to go and see them and just speak my heart out and see how far I can get The thing is I know all these people as I have been involved with this municipality for about 30 years as my mother also worked for them This was one of the reasons we got the house SHE had to move in with us ( the whole thing is just a mess really)

Thanks for your support
 
D3x! said:
You are wasting your time, energy and possibly money on a losing battle which will end in you being physically removed with your belongings.

Just a few weeks ago I watched them evict many many families, that are far more destitute than you, from a privately owned building. Items were tossed off of balconies into the street.
Click to expand...


That is just NOT right hey Everyone should have the right to live somewhere and not just be thrown onto the streets THIS IS A VERY UPSETTING thing
 
Stellenboschgirl said:
That is just NOT right hey Everyone should have the right to live somewhere and not just be thrown onto the streets THIS IS A VERY UPSETTING thing
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You wanting a place to live does not place an obligation on someone else.


Again, the issue here is with your ex, not the municipality.
 
requiem said:
You wanting a place to live does not place an obligation on someone else.

Again, the issue here is with your ex, not the municipality.
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Yet her husband and her mother worked for the municipality for 30+ years. (currently and pensioned) The granny being one of the tenants.
 
Stellenboschgirl said:
Well the rent is coming straight off his salary so in actual fact he is not subletting he is just not staying in the house So the whole matter is actually just a screw up..........I need to go and see them and just speak my heart out and see how far I can get The thing is I know all these people as I have been involved with this municipality for about 30 years as my mother also worked for them This was one of the reasons we got the house SHE had to move in with us ( the whole thing is just a mess really)

Thanks for your support
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he has probably cancelled it with them you will find. I would also guess that their contracts state that him or hiw wife need to stay in the house otherwise it is considered subletting.
 
Stellenboschgirl said:
That is just NOT right hey Everyone should have the right to live somewhere and not just be thrown onto the streets THIS IS A VERY UPSETTING thing
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it isn't right, but they were also there illegally and refused to move despite notices and warnings.

imagine if you owned a property and people didn't want to leave but it was costing you money every month in taxes, water, bonds etc, that also isn't right.
 
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