An unemployed woman from the Western Cape has found herself in a difficult situation after being granted three months to pay her landlord R50,000 in rent but refusing to leave his home. The woman, Charlene Megan Van Wyk, has been renting a property owned by Peter John Buttner in Durbanville, Cape Town since May 2016. However, Buttner terminated the contract on 30 June 2023 due to Van Wyk’s overdue obligations.
Despite being instructed to vacate the property on 1 July 2023, Van Wyk declined and failed to make the monthly payment of R7,700. By the time Buttner approached the Western Cape High Court in late July 2023, Van Wyk had already been living in the property for six months without paying rent, accumulating a debt of over R50,000. Buttner requested an order granting Van Wyk and her 11-year-old son one month to evacuate the property.
Van Wyk, representing herself in court, argued that being evicted would be unfair as none of her siblings were willing to assist her, and her mother lived far away in the Northern Cape. She also mentioned that her son was in Grade 6 and attended a school nearby, and relocating would disrupt his education.
When the case was heard in August 2024, Van Wyk had been residing in the property for at least 19 months without paying rent. Acting Judge Paul Farlam noted that Van Wyk had been occupying the property illegally for over a year, depriving Buttner of rental income while accruing levies and utility fees. Despite Van Wyk’s claims of being a sick elderly woman at 47 years old, she failed to provide concrete evidence of her medical condition or financial situation.
Judge Farlam expressed dissatisfaction with Van Wyk’s vague explanations and lack of transparency regarding her family’s financial support and her son’s father’s contributions. He acknowledged the potential harm her son could face if they were to move abruptly and decided to grant Van Wyk until December 17, 2024, to vacate the property.
If Van Wyk fails to comply by the specified date, a sheriff will be required to enforce her eviction on 19 December. The case highlights the complexities of tenancy disputes and the importance of timely and transparent communication between landlords and tenants to avoid legal conflicts. It also underscores the challenges faced by individuals in precarious housing situations, emphasizing the need for adequate support systems and resources for vulnerable populations.
