Before considering applicable legal acts, it is also important to note that leases generally cover calendar days, i.e. every day of the calendar, including weekends and holidays. The Consumer Protection Act explicitly refers to the working days of Section 14, i.e. you must ignore weekends and holidays. Sometimes laws or leases refer to trial days, which means that you count only on days when the court is open and sitting, although there are few references to trial days in rental situations. If the types of days are not defined, you should consider them as calendar days and include weekends and holidays. Enforcement is also excluded if the tenancy agreement is entered into between legal entities and if the tenant has an annual turnover or assets of more than 2 million rand. It`s not going to fly. It must be based on its true financial harm. It has rightly been described as “a sentence that cannot be collected in advance. They can only be calculated when a new tenant has been found and the landlord cannot benefit financially or from the rental fee. It will simply be refunded. Hello there is a landowner can reduce the term of a lease (i.e. from 12 months to 6 months) if it plans to sell the property? There are also landlords who completely ignore the CPA by insisting that the tenant be financially responsible for the entire lease if he terminates his contract before the end of the contract.
In one case, a tenant who made available the required 20 working days was informed that he had to pay the landlord the remaining 15 months of rent payable (in accordance with the two-year tenancy agreement) if he wished to evacuate the premises prematurely. In addition, the tenant was expected to pay a cancellation fee as well as advertising fees for a new tenant. This is obviously ridiculous and the tenant concerned has asked for the help of a lawyer to solve the problem. 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 a tenant does not pay the rent and there is reason to believe that the tenant can no longer pay the future rent, the landlord can terminate the tenancy agreement. However, it is not always an easy case and you have to get the court on your side as an owner. The inconvenience caused to an owner by an early cancellation will undoubtedly be both annoying and tedious; But it is clear that a tenant has the right to terminate a tenancy agreement. Only then does the owner have the right to recover his actual losses in an early cancellation penalty. Landlords and tenants are encouraged to communicate during this period, maintain written communication and find a middle ground to find accommodation for each other. If, unfortunately, this is not possible, the parties will be left in dispute and the above legal principles will be applied by our courts.
If the tenant evacuates the property without notice (usually 20 working days or as stipulated in the tenancy agreement), this becomes an offence and the lessor reserves all the rights in this matter, and in lieu of the loss suffered by the lessor due to the loss of income until a replacement tenant is found , he has the right to withhold the tenant`s deposit to recover it. For this to be maintained, the lease must include an expiry clause – it is an indication that a quick payment is very important. The text could, for example, include “time is the essence of the treaty.” 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. If the tenant sublet the property, there are two leases. The first is the primary tenancy agreement between the landlord and the tenant.