Cape Town - A Table View couple have so far spent more than R30 000 in their bid to evict a pastor who refused to move out of their newly bought home when his lease expired.
Most couples dream of moving into their first home together, but for Ryan and Nazli Gordon the dream became a nightmare when the former tenant refused to move out of their new Parklands home.
They were meant to move in on November 1, but the house’s former tenant, Pastor Ugochukwu Oparacho, refused to move out when his lease expired on October 31. A court battle ensued and an eviction order was eventually approved.
The couple has spent the past several weeks living with friends while their belongings are kept in storage.
They have paid R33 000 in bond, legal and storage fees.
Gordon said the stress had taken its toll on the couple and their health.
“My wife is worried I might have a heart attack. I wake up every night with clenched fists and teeth in sheer frustration. We were supposed to be in our own bed in our own home. Instead we are a burden to our friends and losing thousands of rand as we wait for the issue to be resolved. Our first home was meant to be something so special, but now it’s become a nightmare.”
The Gordons went as far as to arrange alternative accommodation for the pastor, from the Overcomers Christian Church, but he refused every option.
“I must have given him 20 different listing in the Table View area and even drove him to some of them,” said Ryan.
“Each and every time he found a problem with it. Sometimes he didn’t like the place, other times it was not pet friendly.”
The pastor offered to pay rent after his lease expired, which the couple were initially unwilling to accept. But they were advised by their lawyers to take the cash in preparation for the possibility of an expensive and drawn-out court battle.
The exasperated couple were thrown a lifeline recently when a ruling in the Cape Town Magistrate’s Court gave the pastor until February 13 to vacate the Gordons’ home.
“It was meant to be a hearing into whether the pastor had a case but the magistrate, in a surprise judgment, ruled that he had to leave the house. It will probably be a while before he moves out and in the meantime we still have to pay the bills. Still, we’re sceptical after all we’ve been through and are still prepared to go to court if we need to.”
Oparacho declined to comment and said he would speak to his lawyer before making any statements.
Sotheby’s International Realty, who sold the property to the couple, said they tried to speed up the eviction process.
Frederic Makelberge, managing director of Sotheby’s International Realty Blouberg, said: “The tenant was moving out prior to transfer and we had no indication there was intent to illegally reoccupy the dwelling. We tried to assist the buyer on several occasions and in several ways.”
Laurie Wener, Pam Golding Properties Western Cape managing director, said such an illegal occupation was uncommon but not unheard of. “A situation like this happens occasionally. It depends on the terms and agreement with the seller and the couple may have legal grounds to claim damages against the seller.”
Cape Argus