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Lake Properties is a Wynberg-based real estate agency serving Cape Town's Southern Suburbs — Claremont, Constantia, Rondebosch, Plumstead, Kenilworth, Bergvliet, Diep River and surrounding areas. We handle sales and rentals of residential and commercial property, vacant land, and small businesses (cafés, supermarkets, service stations) — a niche most agencies in the area don't touch. Services: free property valuations, landlord tenant-placement, and buyer/seller guidance from a principal completing the NC Real Estate Level 5 qualification. 📞 083 624 7129 🌐 lakeproperties.co.za

Friday, 24 January 2025

Must the landlord provide you with accommodation if he sells the property, your living in.

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In South Africa, a landlord is generally not legally required to provide alternative accommodation if they sell the property you are renting. However, the sale of the property does not automatically terminate your lease agreement. Here are the key points:

Lease Agreement Stands:
The new owner of the property takes over the existing lease agreement and must honor its terms. This is protected under the common law principle of huur gaat voor koop (lease trumps sale). This means that your lease remains valid until it expires, as long as you have a valid written or verbal agreement.

Termination Clauses:
If your lease includes a clause that allows the landlord to terminate the agreement in the event of a sale, then the landlord can terminate the lease, provided they give proper notice as stipulated in the lease agreement.

Notice Period:
If there is no specific clause regarding the sale, the landlord or new owner must give notice in accordance with the lease agreement or the applicable law, such as the Rental Housing Act, which typically requires one month’s written notice for a month-to-month lease.

Alternative Accommodation:
The landlord is not obligated to provide you with alternative accommodation unless explicitly stated in the lease agreement or agreed upon during negotiations. It is your responsibility to find a new place to live if the lease is terminated or expires.

Eviction:
The landlord or new owner cannot evict you without following due legal process. An eviction requires a court order, and the process must comply with the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act).

If you are unsure of your rights or the terms of your lease, it may be wise to consult with a legal expert or the Rental Housing Tribunal in your area for guidance.
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