Who receives the deposit ahead of junior rights holders when a leased dwelling is sold at auction or public sale, and what must be shown to claim that place?
General information · Not legal advice
Material to check
In a practice file we read the lease contract for the certified date, the papers showing the tenant met the conditions for asserting the lease against third parties such as lease registration or proof of delivery of possession, and the auction or public sale record of the dwelling including its site.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the conditions together: a tenant who holds both the conditions for asserting the lease and the certified date on the lease contract has, at a civil execution auction or a public sale under the national tax collection law, the right to be paid the deposit from the proceeds of the leased dwelling, including its site, before junior rights holders and other creditors.
Another reading marks the boundary of that right: it operates only where the dwelling is realised through an auction or a public sale, so a private sale by the landlord falls outside this provision, and the provision does not itself say how a competing claimant proves which tenant's conditions were met earlier.
Your judgment
When two tenants or a tenant and a registered mortgagee claim priority from the same proceeds, what in the file shows whose conditions for asserting the lease came first?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change the conditions for priority or the sales to which it applies, or if a court decision settles how the order of priority is proved among competing claimants.