Mother ordered to vacate rented home
Charlene van Wyk (47), who owes her landlord and refused to leave his property, has been given three months to find alternative accommodation.
The Star reports van Wyk has been renting a property in Durbanville, Cape Town, owned by Peter Buttner. Van Wyk started renting the property in May 2016 and in June 2023, the lease was terminated by Buttner after she missed months of payment.
She had to vacate the property on 1 July 2023, however, she refused and also failed to pay the R7 700 monthly rental.
When Buttner approached the Western Cape High Court at the end of July 2023, Van Wyk had already occupied the property for six months without paying rent, effectively owing almost R50 000.
Buttner sought an order giving Van Wyk and her son (11) a month to vacate the property.
Van Wyk, who represented herself in court, claimed evicting her would be unfair because none of her siblings were willing to assist her and her mother lived in the Northern Cape.
When the matter was heard this month, Van Wyk had occupied the property rent-free for 19 months, adds the report in The Star.
Acting Judge Paul Farlam said Van Wyk has remained at the property unlawfully for over a year and this has deprived Buttner of income while he incurs costs in levies, and utilities.
The judge said Van Wyk wanted the court to consider her claims but she failed to indicate how many siblings she has, or where they live, or what their financial status is.
She also failed to disclose her financial position and whether or not her son’s father contributes to his maintenance, and if so, how much he pays.
‘Van Wyk’s explanation as to why she did not complete the City of Cape Town’s housing questionnaire was also unsatisfactory,’ said the judge.
Farlam said if Van Wyk lived on her own, he would have ordered her to leave the property within a month, but he had to be mindful of her son and the harm he might potentially suffer if they moved abruptly.
He said it would be fair to give Van Wyk until 17 December 2024 to vacate the property.
Should she fail to leave on the given date, a sheriff will have to force her to move on 19 December 2024.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
