An unemployed Western Cape woman who owes her landlord R50,000 in rent and refused to leave his property, has been given three months to find alternative accommodation.
Charlene Megan Van Wyk has been renting a property in Durbanville, Cape Town owned by Peter John Buttner.
Van Wyk started renting the property in May 2016 and on June 30, 2023, the lease was terminated by Buttner after she missed months of payment.
She had to vacate the property on July 1, 2023, however, she refused and also failed to pay the R7,700 monthly rental.
When Buttner approached the Western Cape High Court 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 11-year-old son a month to vacate the property.
Van Wyk who represented herself in court, claimed that evicting her would be unfair because none of her siblings were willing to assist her and her mother lived far, in the Northern Cape.
Even though she is 47, Van Wyk submitted that she was a sickly elderly woman.
Further more, she said her son was in Grade 6 and attends a school close to the property and moving will destabilise him.
When the matter was heard in August 2024, Van Wyk had occupied the property rent-free for at least 19 months.
Acting judge Paul Farlam said Van Wyk has remained at the property unlawfully for over a year and this has deprived Buttner income while he incurs costs in levies, and utilities.
The judge said Van Wyk wants 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 described herself as a sick elderly woman even though she is 47 years old and provided vague statements regarding her medical condition with no proof.
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.
Judge Farlam said if Van Wyk lived on her own, he would have ordered her to leave the property within a month but he has 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 December 17, 2024 to vacate the property.
Should Van Wyk fail to leave on the given date, a sheriff will have to force her to move on December 19, 2024.
IOL News