I have a tennant residing in my property...

Asked by Simone07 on 25-03-2020 15:51:20
Question posted in the Landlord Tenant Law category relating to Eastern Cape
Question value: R 300.00

I have a tennant residing in my property which is in my name with no bond. The lease ends in October 2020, however I wish to sell the house. I have given her until the end of May 2020 to vacate the premesis. However she is not getting paid during the 3 week lockdown and has stated that if the lockdown is extended she cannot be held to move out with no pay. Please could you advise as to what rights I as a landlord have in this situation?



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Answer to the Question

Posted by Att. Patrick on 26-03-2020 15:22:53

Hi there,

I see that you haven't made a payment for the question, but I'm going to assist you a little. If you want to ask a follow-up question, please make the required payment.

I don't know how you could just unilaterally tell her to leave at the end of May if her lease expires only at the end of October 2020. You can't just do that. 

If she doesn't pay her rental, you can then cancel her lease, after you've placed her in breach.

Then, you could apply to evict her from the property. 

There is however nothing stopping you from selling the property now. You would just need to ensure that the purchaser is aware that there is a tenant in the property, and that the lease expires at the end of October 2020. 

The purchaser could then buy the property with the lease, and then he would need to ask "his" tenant to leave at the end of October 2020.

If she didn't leave, the purchaser would need to apply for her eviction.

Att. Patrick

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