The second notice period becomes relevant if a landlord or tenant has breached the lease and the other party wishes to terminate in writing that the breach will be corrected. Failure to remedy the breach within the prescribed period gives the innocent party the right to terminate the lease and, if necessary, to claim damages from the infringing party. Let`s call this the “notice period for violations.” The number of cuts caused by the economic impact of the Covid-19 pandemic has increased significantly. What are the legal implications of having to terminate your lease? In any case, notify the owner by writing an early termination letter so that he does not fall into the dark. If you don`t notify the landlord, you may have to pay the full remaining rent, or they may sue you for rent plus court fees. The first important factor is the distinction between a lease signed by a tenant who is a natural person like John Smith and a tenant who is a business, a close company or a trust and is therefore defined as “a legal person”. The Consumer Protection Act states that landlords in this situation can charge a reasonable cancellation fee from the tenant. Rule 5 of the CPA contains guidelines on how to proceed – taking into account the length of the notice period and the time it would take to replace the tenant who leaves the establishment. Landlords must return a total or partial deposit to their tenants with a cheque and a letter explaining why the entire deposit is not refunded. See what information you want to include and what deductions are allowed.
This is facilitated if the landlord and tenant have included a termination clause in the lease that allows for early termination if necessary on the basis of acceptable terms. However, if the two do not agree or if there is no termination clause in the lease, the legislators of the APC or the RHA apply. Landlords and tenants should be aware of their responsibility if a lease is terminated prematurely. include both time limits in their notice of violation and indicate that if the violation is not corrected within 7 calendar days (or what number of days is specified in the lease or what number of days is appropriate under customary law), they will take steps to recover the amounts due; However, if the violation is not remedied within 20 business days, the lease will be terminated and the tenant will be evicted. In this way, you give notice of termination, but it applies to both periods and the tenant is properly warned of the consequences of the non-compliance, as well as how and when to remedy the violation to avoid these consequences. “The only requirement is to inform the owner of a withdrawal period of 20 working days and pay the prepayment penalty. This should be explicitly described in your lease, and your agent should remind you of these requirements,” Stevens said. These include, in most cases, that the tenant does not pay the rental amount in full each month, illegal, dangerous or life-threatening behavior inside the apartment or on the property, intentional damage to the property or continued non-compliance with the rules and regulations of the company at the expense of other tenants in the complex / domain. It is important to note that while a landlord can expect the above payments, under no circumstances can a landlord withhold a tenant`s security deposit or expect the tenant to rent for the rest of the lease. Nor can a landlord charge ridiculous and unreasonable cancellation fees. Also, a landlord can`t withhold the deposit instead of charging a cancellation fee. Homeowners tend to think that they can hold deposits for almost any reason, and that`s certainly not the case.
Emile Myburgh, a lawyer in Johannesburg at Emile Myburgh Attorneys, says Covid-19 has not changed the law. “You still have to pay your rent, you have to give 20 business days` notice to terminate a lease earlier, and you may be charged a reasonable penalty.” “It`s important to look at the terms of the lease first. Our standard leases specifically describe what happens if a tenant terminates the lease at any time during the initial rental period. There are measures in place to deal with any damage suffered by the landlord and the tenant will be held responsible for reasonable cancellation fees,” Stevens said. Most reputable real estate agencies will comply with section 14 of the Consumer Protection Act (2008) if a tenant terminates a lease before the expiry date, and provide for this in their lease. These organizations ensure that their leases comply with the provisions of the RHA and the CPA. If a tenant gives the landlord 20 business days` notice, they have every right to terminate the lease prematurely, according to the CPA. However, this does not mean that a tenant can simply pack their bags and leave the property without facing a penalty or financial impact. These penalties and financial implications may include a fair cancellation fee, an advertising fee, as the landlord would have to advertise to find a new tenant to take the place of the former tenant, and any other cost deemed reasonable in the event that a landlord is unable to secure a tenant in such a short period of time. Unfortunately, there are landlords who ignore the CPA and insist that the tenant pay the rent until the end of the lease if a tenant terminates the lease prematurely. So, is there anything a tenant can do if the above is the case? Yes. A tenant can apply for assistance from the National Consumer Court or the Rental Housing Court.
As compensation for rental income, the landlord loses in the case of the immediate eviction of the tenant and the possible loss of rental income until a replacement tenant is found, the landlord has the right to withhold the tenant`s deposit to cover the costs. In summary, the landlord can only terminate the lease if the tenant has committed a violation and does not remedy the violation within the time limit. On this basis; Penalty clauses in leases that claim to agree on a cancellation penalty in advance simply won`t stand up in court. Termination is more difficult if there is no early termination clause in the lease. However, certain special circumstances allow you to break the lease and not be liable for additional rents, such as: Under our customary law, the termination of a lease must last one calendar month in the event of termination of a rental agreement, which means that the termination cannot take place from April 15 to May 14, Like what. since it must be indicated from the 1st of a given calendar month to the last day of that particular calendar month. In addition, our customary law provides that notice periods coincide with rent payment intervals; That is, if you pay rent every month, the termination must be made at least one month in advance. .