Can a landlord cancel my lease when the property is sold?

Author

MyProperty

The tenant is protected by the common law "huur-gaat-voor-koop." If the property is sold, the new owner becomes the landlord and all the terms of the existing lease are enforceable.

The owner cannot cancel the lease, but must wait until the end of your existing lease period. The new owner is also responsible to refund your deposit less any claim for damage.

There are some exceptions:

If the lease agreement makes provision for the landlord to cancel in certain circumstances like the sale of the property
If the property sold on auction by the Sheriff of the Court

Rental Property News

Market & Opinion

Buying a home? Here's how to spot costly hidden defects

10 Mar 2025

Buying a home is one of the most significant investments in a person's life, whether you're a first-time buyer or an experienced real estate investor. While the aesthetic appeal of a property can be alluring, it's crucial to look beyond the surface and consider the structural integrity of the components that make up the property.

Market & Opinion

The property market is showing signs of recovery

28 Feb 2025

South Africa’s property market is showing early signs of recovery, with the latest FNB House Price Index (HPI) revealing an increase to 1.2% year-over-year (y/y) in January 2025—the highest growth rate since June 2023. While still subdued, this trend signals improving buyer confidence, fueled by easing financial pressures and shifting lending conditions.

Legal

A Landlord’s Guide to Eviction: Rights, Processes, and Best Practices

13 Feb 2025

Buying an investment property can be a rewarding venture, especially when located in a desirable area. However, being a landlord comes with challenges, particularly when dealing with problematic tenants. Whether it’s unpaid rent or repeated violations of property rules, eviction may become necessary. However, eviction is a legal process, and landlords must adhere to strict guidelines to avoid complications.

Market & Opinion

Spot a Neighbourhood on the Rise: Key Indicators of Future Growth and Appreciation

10 Feb 2025

When it comes to property, the old adage "location, location, location" still holds true because investing in real estate is not just about buying bricks and mortar; it’s about buying into a neighbourhood and community.