Question:

If you buy a house in SA with tenants in it do you have to honour the lease?

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I am interested in a house for sale but the ad says there are long term tenants and seems to imply that this will remain the case after the purchase?? Can I purchase and take possession myself after the appropriate notice period??

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  1. The rental agreement is just as much a contract tied to the property as it is a contract between the current owner and the tenant.

    Upon sale you will need to honor the duration of the lease in most places.


  2. Don't see why not.  Contract is between the tenants and the current owner, not with you.

    After sale is complete (tenants have to know it is for sale) give them 30 days notice in writing via registered mail.

    Since it has been a rental, have you had the chance to walk through the house?  Since it is a rental, I would make it a point to see the inside.

  3. After you buy the house, the lease they signed with the previous owner is now transferred over to you. If you have no reason to evict them, it would be best to just wait until the end of their lease, then tell them you will not be renewing the lease, and that they need to move.

    If you don't want to do this, the only way to get them out legally without evicting them, and IF the lease is month to month, is to just raise their rent enormously, so they wont be able to pay it, and will be forced to move.

    You could also just ask them to move. Sometimes just asking them to go will get the ball rolling.

  4. .   The law says you have to honor the lease.  I always offer the tenants $5,000 and i pay their U-Haul if they will move by Sept 1st.

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