lease agreements

  • commercial lease ending

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

    At The Legal Advice Office, we receive emails every single week from tenants who want to inquire about the possibility of terminating their lease agreements.

    There are many reasons for this. Some are purely financial reasons, some because their businesses are not viable, sometimes it is because they want to relocate either from one city or town to another or simply to change the venue for their business.

    In other case, it is because they were misled by the landlord or the agent at the time of entering the lease eg with regard to a misrepresentation as to the amount of anticipated foot traffic for their particular centre.

    If you have valid grounds a lease agreement may be terminated and cancelled in terms of the common law.

  • The Consumer Protection Act No 68 of 2008 (CPA): The Expiry and Renewal of fixed-term contracts/agreements, especially Leases. Section 14 (2) continued.

    As stated in our previous blog; at The Legal Advice Office we get numerous enquiries from clients and consumers seeking our help in terminating lease agreements because of one reason or another.

    The CPA deals with the above subject and in our last blog we looked at section 14(1).

  • 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?” 

  • Fixed term contracts, in certain circumstances, can now be lawfully terminated in terms of the Consumer Protection Act No 68 of 2008 (CPA.)

    Prior to this Act; which came into effect on the 1st April 2011; the law of contract and the common law dealt exclusively with the issue of when, where and how fixed term agreements, including leases, expired or were renewed.

  • Legal advice and legal services related to all aspects of property law especially those related to offers to purchase/deeds of sale in respect of houses and immovable property, transfers, bonds etc.

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  • break lease agreement

    You can not just pack up and move out.

    The termination or cancellation of a commercial lease agreement/s is always a legal conundrum.

    One of the matters that we specialise in is Consumer law and also in lease agreement cancellations and terminations.

    It is a contract and must be dealt with correctly and legally if you want to cancel it or terminate it prematurely ie before its expiry date.

    You cannot just cancel a lease agreement.

    If you breach the lease and simply vacate and abandon the premises the High Court can grant the landlord an order for specific performance.

    This can mean that the court orders you to return to the premises and pay the rental for the balance of the lease period. Alternatively, it can allow the landlord the right to cancel the lease because of your breach and grant an order for damages in favour of the landlord being equivalent to the rent due for the balance of the period.

  •  Termination of rental agreement1

    The inconvenience for a landlord caused by an early cancellation will no doubt be annoying  but it is clear that a tenant has the RIGHT to cancel a lease

    One of the matters that we specialise in is Consumer law and lease agreement terminations.

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

    “Hi, Hugh. I refer to our telephone call. I bought a business last year in September and signed a three-year lease agreement for its premises with the landlord. I also signed as surety for my company which runs the business. The business is losing money each month and I need your advice and help on getting out of this lease. Can you please help me?”

    We will try to answer this question in this blog.

  • As stated in our previous blog; at The Legal Advice Office we get numerous enquiries from clients and consumers seeking our help in terminating lease agreements because of one reason or another.

    The CPA deals with the above subject and in our last blog we looked at section 14(1).

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Legal Advice Office

South Africa

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