Question regarding a lease cancellation policy (South Africa)?
Hi guys, I would like to know how exactly this cancellation policy works. I would like to give notice at a place I am currently renting. I have been told that I am not allowed to cancel the lease and will be held liable to pay each months rent in full until the end of November (when the lease expires). I am a little confused as to how this works, could you please explain it to me? I have attached a screenshot of the lease. Point 2.4.2 says that "...the tenant will be liable to pay all amounts due by the tenant in terms of this agreement up to the date of cancellation..."
Does this mean that I am held liable to pay until November even if I give 20 days notice?
Thanks in advance!
- Casey YLv 76 months agoFavorite Answer
A lease is a contract and without anything about early termination....you are on the hook for the full lease.
Can a tenant cancel a lease agreement by notice prior to expiration of the fixed term contract?
Yes, the tenant can cancel the lease agreement before the fixed term contract is over, however, the CPA states that he or she must give the landlord 20 business days written notice and this does not give the tenant right to just move out of the premises without incurring liability. This means the early cancellation is subject to reasonable cancellation penalties in favour of the landlord.
- SimplytheFACTSLv 76 months ago
looks like it says you can be charged 3 months rent. So that would be through October at this point.
hard to say for sure without the full text of the law and contract
- sunshine_melLv 76 months ago
Yes - the lease, for the complete term of the lease, is legally binding.
You have agreed to pay rent for every month up to November; so irrelevant of whether you move out or not before then, you are still legally required to pay rent to the end of the lease.
- tellitlikeitisLv 76 months ago
Well I'm not in South Africa, but this is common to most countries' law. Unless you have a month to month contract, you will have signed a legal document, (your lease), saying you will pay up to the end of November. Doesn't matter if you decide to go early and give notice. You are legally contracted to the end of your lease unless you come to some arrangement with the landlord or his agent(s) to release you early. This protects the landlord from finding himself out of pocket because he/she finds it difficult to re-rent. Usually a landlord/agent will release you early if you ask them to find another tenant early, and they successfully do that. But that's not a right.
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- TavyLv 76 months ago
Leases are the same everywhere, you signed to pay the rent until a certain date. It's a binding contract. If you leave early you are still obliged to pay until the end of the lease.
- JetDocLv 76 months ago
READ the contract you signed when you took possession of the property. If you want legal advice, go talk to a lawyer.
- MaxiLv 76 months ago
You signed a legal contract with no early termination clause......... so you are legally obligated to fulfill the full contract regardless of if you live there or leave... you still need to pay the rent