2011/01/05 07:36:25 PM Allen Posts: 1	My wife and I are in the process of purchasing a property in Port Elizabeth.Transfer should go through mid February, however I have a problem. The property is currently being leased to a very inconsiderate individual.This gentleman that currently occupies the premises has not paid his rent for a few months. This leaves me with a few questions: 1) what are my rights when transfer goes through as far as inheriting this tenant 2) do I in fact have to inherit this tenant (as he has already been instructed in writing by current landlord to vacate premises)? 3)can I still move in on transfer should he not vacate? 4)can I claim occupational rent from seller of property should the tenant not vacate on transfer (I have put this as a condition in the purchase agreement)? Any advice welcome...
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2011/01/06 12:51:26 PM phprop Posts: 15	Hi, I would DEMAND that the Seller to provide you with proof that 'EVICTION' is happening and what is the status of the eviction. This must be provided by a Lawyer, not the seller. If there is one in process immediately speak the the Lawyer to get an update. If there is no EVICTION in process you wll have to start as soon as you become the Registered Owner of the property as the Tenant becomes your Tenant. It could take some time to for you move into your new home. If there is no EVICTION in process I would immediately speak to your Lawyer about delaying the Transfer as you will not be able to take occupation of the property on registration. This should be part of your Purchase Offer that occupation is taken on Registration. GOOD LUCK
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2011/01/11 01:44:36 PM Marc Lunau Posts: 175	I would say if OTP says vacant occupation tell your conveyancer to delay transfer until proof of vacancy is supplied. For good measure check for yourself. Even if eviction is in process errant tenants often still get another months or so after court date. If eviction is not done properly tenant might even win the case. And if he still does not leave after judgement it will take more time for Sheriff to move him. Keep us posted. -- Investor and Property Manager with value add solutions www.houses4rent.co.za
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