What is the Huur gaat voor koop rule?
In typical situations the lease has precedence over the sale and the clause “huur gaat voor koop” is in force, which means that the lease takes precedence over the sale of the property and the tenant has a right to remain for the full duration of that lease. …
How a contract of lease may be terminated?
A landlord may terminate a lease at any time if the tenant is in breach of contract, providing the grounds for termination do not constitute unfair practice. If the landlord terminates the lease, he has no right to repossess the property if the tenant is not in agreement.
What is a tacit hypothec?
The hypothec is “tacit” because it is understood or implied without being stated; in other words, the hypothec comes into effect by operation of law and not by agreement between the Landlord and Tenant. The hypothec secures the lessee’s obligation to pay the rent in terms of the agreement of lease.
How does a sublet work?
Under a sublease, you grant a lease of all or part of your premises to a new tenant. You remain liable under your lease from the landlord, and continue to pay rent to your landlord and to otherwise deal directly with your landlord. The subtenant pays rent to you and normally has no direct dealings with your landlord.
Can a lease be terminated by sale?
Your landlord isn’t allowed to break your lease due to a sale unless the lease itself allows him to do so. At a minimum, you have the right to 30 days’ notice before you must move. Usually, however, you have the right to stay in your rental unit until the lease expires.
Where do you find a hypothec?
Tacit means “implied” or “understood without being stated”. When might the landlord’s tacit hypothec apply? The provision for tacit hypothec is enshrined in Section 32 of the Magistrates’ Courts Act, because most rental claims are heard in the Magistrate’s Court, not the High Court.
What is statutory hypothec?
The court a quo observed that security in the form of a tacit statutory hypothec is a limited real right (as opposed to a personal right) in the property of another that secures an obligation.
How do I find a Subletter?
Before you launch a frenetic search on Craigslist, though, here are some expert tips to help you easily find a reliable subletter.
- Check with your landlord or leasing office.
- Check in with the HR office at your job.
- Post on message boards.
- Expand your search beyond Craigslist.
- Spread the word on social media.
What does sublet a property mean?
Does a lease supercede a sale?
A lease gives a tenant an interest in a property. When the owner sells a property, the lease moves with it and the sale has no effect on the lease.