A Harsh Decision: Court Orders Elderly Couple to Vacate Late Son’s Home, But With a Caveat

In a case that pits legal rights against familial duty, the KwaZulu-Natal High Court has granted a widow’s application to evict her elderly parents-in-law from a Phoenix property she owned jointly with her late husband. However, the judge delivered a ruling tinged with moral reproach, ordering the woman to contribute to the couple’s relocation costs.

The 72- and 79-year-old parents had occupied the ground-floor unit since April 2021 under an agreement with their son that they would pay their own utilitiesa commitment they upheld. Their son died just four months later in August 2021, after which his widow, citing financial strain from losing his income, sought to remove them.

A Strained Timeline and a Failed Sale

She issued eviction notices in January and October 2022, and even claims a property sale fell through because the elderly couple refused to leave. The widow argued they had sufficient resources, including help from their own daughter and her two adult daughters, to find new accommodation. An eThekwini Municipality report, however, revealed the couple has a combined monthly income of only R5,200. The municipality offered to help them build an informal dwelling on a provided site, though it would not be nearby.

A Judge’s Scrutiny and a Moral Rebuke

While acknowledging the widow’s legal right to decide who occupies her property, Judge Robin Mossop was sharply critical of her conduct. He noted her “liberality of spirit” vanished with her husband’s passing, a change that “brings no credit to her” and painted her as “mean-spirited.”

The judge also questioned her financial claims, pointing out she had not disclosed that she owns two other units in the same building and collects rental income from them. “She has made no attempt to disclose the extent of her income,” he noted.

The Order: Eviction with Conditions

Despite the moral reservations, the law sided with the property owner. Judge Mossop ordered the parents to vacate the property by 31 July 2026 and continue paying utilities until then. Crucially, he added a condition: the widow must pay at least R10,000 towards their relocation costs, provided they move within the greater Durban area.

The judge surmised the deceased husband “would not have approved the eviction of the parents or intended them to pay their relocation costs.” The ruling is a stark reminder that while courts enforce property rights, they do not always endorse the spirit in which those rights are exercised. For the elderly couple, it means leaving a home filled with memories of their son, aided only by a modest contribution from the daughter-in-law the judge found less than candid.