If your house is sold on auction, how long do you have to move
In South Africa, if your house is sold on auction and you are the existing occupant (occupier, not necessarily the owner who defaulted), the length of time you have to move depends on whether you were a legal tenant or not:
Legal Tenant (with Lease Agreement)
- ✅ Standard Lease Agreement: If you have a valid lease agreement, you generally have the rights outlined in the agreement regarding eviction. This could mean you can legally stay until the lease expires, even if the property is sold.
- ✅ Notice Period: In the absence of a specific clause in the lease agreement regarding sale of the property, the new owner must still follow the eviction process, which involves serving a notice to vacate. The Consumer Protection Act (CPA) mandates a minimum notice period of 20 working days.
Illegal Occupant (No Lease Agreement)
- ✔️ Prevention of Illegal Eviction Act: This act offers some protection even to illegal occupants. The new owner cannot simply evict you without a court order.
- ✔️ Eviction Order: The new owner would likely need to apply to court for an eviction order, which can take weeks or months. During the court proceedings, you may be able to argue “undue hardship” (potential homelessness) to try and extend your stay.
General Points
- 📌 Negotiation: It’s always advisable to try and negotiate a move-out date with the new owner. They might be willing to offer some financial compensation to incentivize a quicker move-out.
- 📌 Legal Help: If you’re unsure of your rights or facing eviction, consider seeking legal advice from a lawyer specializing in tenant rights or eviction.
Here’s a table summarizing the situation:
| Occupancy Status | Rights after Auction Sale |
| ✅ Legal Tenant (with Lease Agreement) | Rights outlined in the lease agreement regarding eviction typically apply. New owner might need to follow eviction process with notice period. |
| ❌ Illegal Occupant (No Lease Agreement) | Some protection under Prevention of Illegal Eviction Act. New owner likely needs a court eviction order. You might be able to argue “undue hardship” in court. |
Important Note
This is a simplified overview, and specific situations might require further legal analysis. Consulting with a lawyer is recommended to understand your rights and options in detail.
