2010/07/30 08:51:59 PM debbieb01 Posts: 20	Landlord advised me (their first tenant) at month 5 of a 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 a great possibility of lease renewal, and our reason for taking the house!!). I do not wish to move over Christmas, so have asked Landlord for a 3 or 6 months extention, which they won't grant. (House is costing a lot in maintenance, subsiding sundeck, burnt pool motors, troublesome electric gates [rusted/broken etc], underpining cracks in the bathroom, so they want shot of the house soonest). I have also asked to leave before the lease is up (due to the sale and not wanting to move at Christmas, and my family "helpers" are away overseas), giving either one or two months notice (my lease is 1-month prior to expiry of lease). They have stated I am liable until the lease is up, and even if I leave, I am liable till 31 December 2010. Can this be enforced (i.e. Landlord didn't disclose about the imminent sale). Can I restrict the house being put on the market till 1 month before the is lease up (I amended lease to state no show houses until month before). Can I limit the agents/clients visits until the last month? Owner wants to put it on the market 3-4 months prior to year end/lease end. I'd rather get out now, mid year.
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2010/08/07 09:29:29 PM Marc Lunau Posts: 169	If son bought it from owner already why is it for sale again? I am not clear on this. Otherwise whatever is in the lease is gospel unless agreed otherwise in writing. So owner agreed to no show houses earlier than 1 months before you should be able to decline show houses. That makes it hard to sell so in return they should maybe let you go earlier... Negotiate. -- Investor and Property Manager with value add solutions www.houses4rent.co.za
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2010/08/09 08:41:35 AM debbieb01 Posts: 20	Thanks! The son didn't actually buy it, but we were told that he HAD bought it. Conflicting information, as we might of been more hesitant to rent this property, when it was not an investment property. My question, can we restrict the house being put on the market until the last month of our lease? If not, can we restrict the agents bringing clients until the last month. Our lease clause reads as follows: "17.1 The LANDLORD shall have the right to affix and exhibit TO LET and/or FOR SALE notices on the PREMISES and the TENANT shall permit prospective TENANTS and/or PURCHASERS, as the case may be, to view the premises on 72 hours notice being give. 17.2 In addition, the TENANT shall permit the LANDLORD or any other estate agent authorised by the LANDLORD to make the PREMISES available as a show house on 2 SUNDAYS per month between the hours of 12:00-17:00 during the period of ONE month prior to the termination of this lease agreement."
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2010/08/09 11:49:59 PM Marc Lunau Posts: 169	>during the period of ONE month prior to the termination of this lease agreement. based on this I cannot see why you can't restrict show houses to last month only. Earlier only if you feel like it or/and only at times/dates you set. Or shorten the 12h-17h00 slots during last month in exchange to earlier, shorter show house slots before last month. edited by marcl on 2010/08/09 -- Investor and Property Manager with value add solutions www.houses4rent.co.za
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