The KZN High Court (Durban) has granted a woman’s application to evict her parents-in-law from a property registered in her and her late husband’s names.

A report in The Citizen notes that her mother-in-law is 72, while her father-in-law is 79.

The case was heard on Monday, and judgment was delivered on the same day.

In April 2021, the wife and her husband agreed that the husband’s parents would occupy their property, a ground-floor unit in Phoenix. The condition was that the parents would pay the costs of the utilities they consumed, which they have diligently done throughout their occupation of the property.

The husband died on 5 August 2021, and the wife sought to remove her parents-in-law from the property, citing financial strain due to the loss of her husband’s salary.

According to the court papers, the wife gave notice to her parents-in-law to vacate the property twice: first on 21 January 2022 and again on 9 October 2022.

The elderly parents did not leave the property. The wife argued that her parents-in-law had sufficient resources to obtain alternative accommodation and that her two adult daughters would be able to assist them with alternative housing.

Judge Robin Mossop noted that the parents’ occupation of the property solely depended on their daughter-in-law’s generosity.

Legally, she is entitled to decide who occupies the property.

Mossop ordered that the parents vacate the property by 31 July 2026 and continue to pay all utility costs until then.

He ordered that the wife pay at least R10 000 towards the relocation costs.

Full report in The Citizen