2010/07/02 11:09:10 AM
rv
Posts: 1
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Hi,
We have a lease agreement (we're the tenants) at townhouse where we signed for a year but with the option of the landlord giving us 2 month's notice to vacate, since they are thinking of selling the property. They have informed us that they want to sell, we decided not to purchase and decided that we would rather move out. Is one month's notice from our side okay? Especially since the owner said they are desperate to urgently sell the property.
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2010/07/05 06:35:39 PM
karabel00
Posts: 1
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rights and obligations created in a lease agreement take precedence over the rights and obligations created in the sale agreement. This is the "Huur gaat voor koop" law.
Long of the short is that as the tenant you have full rights (land alienation act) to stay as the tenant till your lease expires, and your rights precede those of the purchaser.
You make no mention if its stipulated in the lease the notice period required from the tenant to terminate the lease? If this is not included, then the 2 months notice required by the LL would apply.
Having said that, in your current circumstances i'd recommend you negotiate with the owners...
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2010/07/21 12:32:36 AM
Marc Lunau
Posts: 169
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You have to stick to notice period in the lease unless negotiated otherwise. The way I understand it owner has given you 2m notice as per lease and you can move after those 2m. If you want to shorten that and your notice period is also 2m you have no right to shorten it, but if you ask nicely and reason it your owner might comply as he could e.g. possibly negotiate an earlier transfer date with Buyer.
--
Investor and Property Manager with value add solutions
www.houses4rent.co.za
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2010/07/30 05:57:35 PM
debbieb01
Posts: 20
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I have a similar question on the topic of the Landlord selling the property. Landlord advised me (their first tenant) at month 5 of 12 month lease that they want to sell the property (after telling my us her son had "already" bought it from her...i.e. sounded like an investment property, with much possibility of lease renewal!!). I do not wish to move over christmas, so have asked for 3 or 6 months extention, which they won't grant. I have also asked to leave before lease is up (due to the sale), giving one months notice. They have stated I must stay till lease is up, cannot leave before. Can this be enforced (i.e. didnt disclose about theimminent sale). Can I restrict the house being put on the market till 1 month before lease is up (I amended lease to state no show houses until month before) end of lease.
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2011/01/31 07:58:42 PM
sbondsr
Posts: 2
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rv wrote:
Hi,
We have a lease agreement (we're the tenants) at townhouse where we signed for a year but with the option of the landlord giving us 2 month's notice to vacate, since they are thinking of selling the property. They have informed us that they want to sell, we decided not to purchase and decided that we would rather move out. Is one month's notice from our side okay? Especially since the owner said they are desperate to urgently sell the property.
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2011/01/31 07:59:56 PM
sbondsr
Posts: 2
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hi there, what is the purpose of signing a contract with a person for eg a year if there is a clause that gives the tenant an option to give one months notice
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2011/02/14 01:26:27 PM
luannethomson
Posts: 1
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I was a tentant and rented a flat from the owner directly. I signed the contract for 6 months, the owner did not co-sign the contract and did not supply me with a copy. During months 2 I was diagnosed with cancer and because I am a single mother of a 21 months old baby I was struggling to cope alone and had to terminate my lease. I contact the owner and told her my story. At first she wasnt impressed at all until I told her that I had cancer. I gave two months notice as required in the contract but after month 1 she found a tenant that moved in. I now want to know, My contract does not stipulate anything of what happens to my deposit. Can the owner keep my deposit for terminating my lease prematurely?
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