Question posted in the Property Law category relating to Western Cape
Im in the process of buying an apartment.I signed an OTP for a transfer to take place in the 1st of March.The transfer did not happen as seller is having troubles evicting the tenant.Registration was lodged by the seller's lawyers at the deeds office for the 1st of March.However since the tenant was there the seller requested that to cancelled and re-lodge once he managed to evict the tenant.Its now 16th of March and the seller has not re-moved the tenant yet.I feel being incovinienced as I planned to move in by the 1st of March soon after.I had a lease which was up by end of feb.I cant look for another flat as I would have to sign a lease possible 6months or 12months.I dont know when the transfer will take place and to re-lodge means a delay of another two weeks approximately.I can't plan on my time and find a place as the seller hasn't given a go ahead to re-lodge.I want to sue the seller for incovinience and lack of planning as the tenant should have been evicted when the lease ends.
Answer to the Question
Getting a tenant out is hard work, and it could take a long time - in fact, sometimes up to 6 months!
My advice is that you should take transfer of the property now, then you evict the tenant, and then you claim the costs of eviction, and your damages from the seller.
Otherwise, you must let the seller evict the tenant, sign a 6 month lease somewhere else, and then sue the seller for your rental costs.