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WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15603
Experience:  L.LB (UOVS)
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I am renting a townhouse and my landlord wants to cancel my

Customer Question

I am renting a townhouse and my landlord wants to cancel my lease because she has sold her house and wants to come and live in my townhouse. The lease is for 12 months and I have lived here for only 2 months. According to her the Agent from the property company has made a mistake. Can I claim that they find my a similar place plus cash compensation for expenses incurred and for trauma and stress
Submitted: 1 year ago.
Category: South Africa Law
Expert:  WCLawyer replied 1 year ago.

Hi there.

Just to confirm: You did not accept the cancellation yet, correct? You are at the moment telling them that they cannot cancel.

Customer: replied 1 year ago.
I don't want to move as this is a very nice unit - I am very upset as my motherhappy is a semi invalid and are happy and safe here.
Expert:  WCLawyer replied 1 year ago.

In terms of the 'huur gaat voor koop' principle, the new owner automatically steps into the shoes of the previous owner. So the new owner would not be capable of cancelling the lease before the twelve month period has run out. If you have an option to renew, you can excersize that option against the new owner as well.

So, in order for you to agree to a cancellation, you can make whatever demands you like. It does not necessarily mean that the new or the old owner has to agree to those demands. It just means that if they don't, then you don't have to move out either.

I hope that makes sense to you.