Once the landlord or their representative has received written notice of termination, they must note the date on which the lease must now end; and should immediately start announcing a new tenant for the property. This responsibility rests directly on the shoulders of the landlord or his agent to find a suitable new tenant. However, the costs of such advertising should also be taken into account, as these costs may be charged to the tenant as part of the “reasonable penalty” for which the landlord is entitled to hold the tenant liable; following the early termination of their lease. There are several ways to do this; and most of them include alternative dispute resolution measures such as interventions, mediation and arbitration; but litigation may also be the solution if the landlord himself has violated the lease or if the landlord or his agents have oversold the property to you, exaggerated pedestrian traffic and caused your signature under the lease by undue influence and, in some cases, even coercion. If a landlord has met all the terms of the lease, they cannot simply terminate the lease. You will need to discuss the matter with the owner and agree on a solution, such as . B another tenant to take over the current lease or sublet the property for the remainder of the rental period. It is imperative that any agreement between the two parties be concluded in writing to avoid any confusion or negative reaction later. 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. Both parties will have time to remedy the situation, otherwise the innocent party has the right to terminate the lease before it expires and, if necessary, to claim damages.
“A tenant has the right to terminate the contract prematurely, and these cancellation fees are meant to cover the costs incurred by the landlord to have to replace the tenant in such a short period of time,” she says. A formal legal procedure must be followed to make early termination legal and effective with respect to the lease and, in particular, to fully comply with the law. It is best to get professional legal advice and help to properly inform the owner and/or general manager. The RHA states that in case of cancellation, the tenant is required to return the property to the owner in good condition in order to avoid reasonable wear and tear. If the tenant leaves the property without sufficient notice to the landlord before the lease expires – usually 20 business days in writing or as specified in the terms of the lease termination – the landlord retains all of its rights arising from the tenant`s breach of contract. According to the CPA, a tenant has the right to terminate any lease with 20 business days` notice. But – and this is a very big but – this does not mean that a tenant can simply leave with impunity and that there may well be a financial impact in the form of cancellation fees, advertising fees as well as other “reasonable costs” if the landlord is not able to attract a new tenant in the short term. Make sure there is an entry check with the agent and/or owner. All defects and damages must be recorded in an addendum to the rental agreement. 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. The Rental Housing Act provides that if a tenant uses the property after the expiry of the period specified in a written lease, the lease will continue to operate under the same conditions as in the written document, except that the term of the lease is only one month (that is, a rental situation arises from one month to the next). In such circumstances, the Rental Housing Act expressly provides that the notice period for one of the parties is one month. This only applies to situations where a landlord wants to stop the lease extension for another month – it does not apply to a termination by a landlord following a breach by the tenant. The Rental Housing Act does not prescribe how many days the notice period for offences must be. Although, within the meaning of the law, the landlord has the right to hold the tenant liable for a so-called “reasonable penalty” for early termination of the lease; it is not and is not intended to punish tenants; but rather to enable the lessor to compensate for the losses it has suffered as a result of the early termination of the lease; and the tenant who leaves before the expiry of the lease. If you report the violation and it is not remedied during the notice period for the violations, it means that you can take steps to prosecute anything that is due, or even issue subpoenas and seize the tenant`s property by inducing the hypothesis of your landlord, but you cannot terminate and cancel the lease. “Hi Hugh, I`m tied to a five-year lease in a mall in Pretoria. I have a small business that is the actual tenant and I signed a guarantee. .