Month To Month Rental Agreement South Africa

Some leases provide, for example, that they automatically remain from month to month, but that they contain all changes in rent or other conditions that the lessor has communicated in writing to the tenant. SD Law is a law firm for forced evictions, which knows the right to rent by heart. We look after the interests of landlords and tenants. Our priority is to maintain the law and guarantee the protection of the rights of all. If you have a question about your monthly lease or any other aspect of housing legislation, contact Simon on 086 099 5146 or send sdippenaar@sdlaw.co.za for a confidential interview. What will happen if one of the parties wishes to terminate the contract? Section 14 of the Consumer Protection Act (CPA) generally takes precedence over the Rental Housing Act, but does not apply to monthly leases. On the other side of the spectrum, the tenant may also terminate 20 working days for termination of the contract, for whatever reason if a fixed-term lease has been entered into. There is no need to provide such notice on a monthly basis. Not so, the High Court ruled (this is an appeal of a magistrate`s judgment). The following verbal agreement to change the rent was valid – according to the RHA, the terms of the tenancy agreement (including the agreed rent) are considered unchanged, which is ”refutable”. In other words, if you can prove that different terms and conditions have been agreed orally or in writing, they are valid. The CPA stipulates that the contract can only be terminated if a tenant does not resolve an infringement within 20 days of receiving the landlord`s written notification. It was suggested that the tenant should respect the corresponding CPA section, since the application of a consumer agreement is uneasy without respecting the CPA.

Fixed-term leases are covered by cpa protection. Section 14, paragraph 2 of the CPA deals with the termination of fixed-term agreements between consumers and suppliers. It states that the consumer may revoke the contract after the deadline has expired or by notifying the supplier in writing of 20 business days without notice. This is the same protection offered to a supplier, but the consumer must also have failed to comply with the fixed-term contract before a supplier can terminate the contract.

april 11, 2021 · Bertil · No Comments
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