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SolicitorRM, Lawyer
Category: South Africa Law
Satisfied Customers: 3137
Experience:  Director and Principal Solicitor. UK
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Dear Solicitor RM, of 168 Park Lane N17, OJN. I requested an

Customer Question

Dear Solicitor RM,
JA: What state are you in? It matters because laws vary by location.
Customer: My name is***** of 168 Park Lane N17, OJN. I requested an advice from yourself about 7 days ago concerning a lodger in my propertywho refused to leave my property after she had been adviced to go..
JA: Has anything been filed or reported?
Customer: The reason now for my contact you again is that I went to the police station today to report the matter to them only to be told that with or withoyt contact signed by both parties, regardless of if i live in the property on not,that I have to go through the solicitor /law firm before I can change my property keys and it's only the court's order that can get her out of the property.
JA: Anything else you want the Expert to know before I connect you?
Customer: What the police said contradicted the advice I was given by you. Can you please help me further on how this lodger would leave my house sooner. Thanks.
Submitted: 4 months ago.
Category: South Africa Law
Expert:  SolicitorRM replied 4 months ago.

Hi thank you for your message. They are a lodger, they are not a tenant. Tenants have secured rights and tenants you have to follow eviction process through the courts. I am not sure why the police would have said that to you. If they are a lodger you can evict them there is no need for any section 21 or section 8 notice or possession order because they are not applicable to lodgers. You give them reasonable notice and from memory you were going to give them notice to leave by a specified date and if they did you would change locks. As a landlord you can choose to apply to court for a possession order but it is not mandatory for lodgers. I cannot honestly comment on why you were told otherwise.

Customer: replied 4 months ago.
I am sorry to be going back to the same question, please what should I do now? I ve changed the lock, but the lodger as completely refused to leave.
Expert:  SolicitorRM replied 4 months ago.

IF you have changed the lock how are they refusing to leave? How did they have access? They would be tresspassing and that is why the police need to have taken action against a tresspasser and to not judge you for doing what you are entitled to do.