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residential house lease cancel

One has to draw a clear distinction between lease agreements for residential properties and those that are for commercial properties

We received the following in an email this last week.

“I signed a 2-year lease agreement with my landlord on the 27th February 2018 and the lease agreement came into effect on the 1st March this year. I simply cannot afford the rent and I wrote to my landlord on the 29th June cancelling the lease and requesting repayment of my security deposit of R 28000.00. He has refused to refund me. What can I do?” 

 

lemon car banner

During the course of this last month we did a blog on Accident damaged vehicles being Defective Motor Vehicles and in that blog we also covered the consumers rights, in terms of the Consumer Protection Act No 68 of 2008(CPA), to claim a repair, a replacement or a refund of the purchase price from the dealer and/or service provider in the event that the consumer had bought a defective/accident damaged vehicle.

We continue to get daily inquiries about this problem.

A purchaser also has similar rights in terms of the common law, in the possible event that the CPA is not applicable in the circumstances of any particular case. This can occur for example when the 6-month statutory period since the date of sale has already expired.

commercial lease cancel

Landlords and their agents often refer to an early cancellation of a lease agreement by the tenant as “a breach of contract.” This is not the case.

Here is a recent query that was received by The Legal Advice Office last week:

“Hi, Hugh. My company is the tenant in a Commercial Property in Centurion. We were led to believe by the landlord’s agent that the foot traffic in our new Mall would be considerable, but this is simply not the case. The Mall parking is incomplete as is the final building completion and promises made to us at the time of the negotiations with the agents for the lease have simply not materialised. We feel that we were misled into signing this lease for 5 years and still have 4 years and six months to run and are simply not able to keep afloat as we have run at a loss for the last 6 months. Is there any advice you can give us to assist us in terminating this lease?”

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Legal Advice Office

South Africa

Kandelaar Street, Vermont, Hermanus
Phone: +27 (028) 316 2832
Email: info@legaladviceoffice.co.za

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