New property owner wants to kick us out though we signed a lease for a year.

[chrisc4290]

A 12 month lease expires on the 365th day, not sooner. He can only move in if he and his family are going to live there, not a new tenant.

Are you sure you have a lease? What did you sign? The dispute is between the owner and the agent, not you at all. You must not deal with the owner at all. If the agent made a mistake, it is not your problem. Tell him to go away and speak to the agent.

[crackersa]

push the agent to get the lease, if you can't your stuck on month to month.

but if you get the lease, the law states that the lease will carry over to the new owner and he has to honor the condtions and terms in it.

i'm willing to bet you are going to struggle to get your deposit back too

if you move out, name and shame the owner and agent!

[ld13]

Huur gaat voor koop, is the common law rule from Roman Dutch law.

I love that piece of law. Some people still go all when you tell them Huur gaat voor koop ...

[ChilliGirl]

I love that piece of law. Some people still go all when you tell them Huur gaat voor koop ...

Please enlighten me

[ld13]

Please enlighten me

The legal principle Huur gaat voor koop / "Lease goes before sale" effectively means that the lease agreement takes precedence over the sale/transfer of property. The new owner are therefore not entitled to move into the property until the tenant’s lease has expired or has moved out.

[ChilliGirl]

Ah.

Thanks. The english wording is easier to understand

[ave]

whats that law the squatters always use- its the owners responsibility to find you alternative accommodation.

[madtza]

push the agent to get the lease, if you can't your stuck on month to month.

but if you get the lease, the law states that the lease will carry over to the new owner and he has to honor the condtions and terms in it.

i'm willing to bet you are going to struggle to get your deposit back too

if you move out, name and shame the owner and agent!

I know the carry over part. One thing I was thinking is that he'll have to produce proof of me occupying the place and the only proof is the lease. It's not like I stole the keys and simply made the place mine.

So you reckon I don't pay the last month's rent?

[madtza]

A 12 month lease expires on the 365th day, not sooner. He can only move in if he and his family are going to live there, not a new tenant.

Are you sure you have a lease? What did you sign?

I signed a lease contract. From the other copy(not signed by both parties) there's a part that also says the Lessor is not required to give fact of signatures or that they've signed. I don't know how legal that is. Most of what's in here is legal mambo jumbo drafted by EHLERS ATTORNEYS in Centurion. I remember calling them to verify if they had written that contract and they said they had but it was more of a "generic" type of draft. I also checked if the bank account given were legit and of the company/owner of the property agency thereof. I think this probably made me relax in terms of trusting her to return the contract.

The dispute is between the owner and the agent, not you at all. You must not deal with the owner at all. If the agent made a mistake, it is not your problem. Tell him to go away and speak to the agent.

I think I was a bit startled by his visit and hadn't even had my morning coffee yet. He called later and sounded a bit more civil. Told me he found a partner of the agent and will speak with her. I think from now I'll just make sure I refer him to the agent instead of getting pulled into arguments.

All in all I think it's about time I purchased my own placed. Some good deals on the market. People out there don't appreciate good tenants(or people) when they come across them.

[ice_cubes]

Damn! good tenants are hard to come by! Goodluck with this drama!