Rental Agreement Cancellation South Africa

If the fixed term of the tenancy agreement expires, the Rental Housing Act [4] („RHA“) („RHA“) applies. The rental housing by-law provides that the landlord is required to give the tenant 7 days to remedy the concrete breach of the tenancy agreement in order to deprive a tenant of the property (and obtain an eviction order). However, this communication may be omitted if the tenant specifically breaches rents and stagnates for a period of 7 days from the end. This requirement is often misinterpreted as a „7-day delay.“ It is likely that the landlord has a tenant`s deposit, which can be used by the landlord to repair damage to the property or any financial damage to the landlord, such as unpaid rent or, in this case, damage caused by the early termination of the tenancy agreement. A landlord would have the right to maintain and use the surety in a situation where a tenant prematurely resigns from the tenancy agreement; and if the owner suffers financial harm, the owner may even have a claim beyond the owner`s deposit. Termination of the lease before the lease expires After receiving written notice of termination from the lessor or its representative, it should note the date on which the lease is to end; and should immediately begin advertising for a new tenant of the property. This responsibility is directly on the shoulders of the landlord or his broker to find a new and suitable tenant. However, the cost of this advertisement must also be taken into account, as these fees may be charged to the tenant as part and package of the „reasonable penalty“ for which the lessor has the right to hold the tenant accountable; early termination of their lease. Seeff contracts include, for example, a maximum rental period of two months, the real estate specialist said.

The landlord and tenant must be aware of their responsibilities when a tenancy agreement is terminated prematurely. Landlords and their fulfillers often refer to the early termination of a tenancy agreement by the tenant as a „breach of contract“. This is not a true interpretation of the CPA. „If you take care of the property, keep it clean and keep it well maintained and have maintenance problems with the owner, you can make sure that at the end of the lease you can get as much of your deposit back,“ Seeff said. The CPA allows cancellation at any time, provided that 20 working days are pre-set. In this case, the owner has the right to collect a cancellation fee to recover his losses. This tax should be agreed in the lease. The landlord may collect a reasonable cancellation fee that takes into account the time required to supervise a new tenant and the costs of securing the new tenant.