Question posted in the Landlord Tenant Law category relating to Western Cape
Hi,
I have a question about the legal rights of a landlord for terminating a lease early. My family and I recently moved into a house in Cape Town in June on a 1 year lease term. Today the landlord has given us notice that we must vacate the property in 2 months time as she will be moving in and doing renovations. There is a clause in the lease that states the following:
Earlier termination of Lease
In the event of the Lessor wishing to sell, renovate, demolish or reconstruct the building of which the premises form part, the Lessor shall be entitled to terminate this Lease by giving the Lessee 2 (two) months prior written notice to this effect.
While this does state renovations as a condition for lease termination this seems like a loophole and we are wondering if this is a legal cancellation of the lease. The house is in good condition and does not need any upgrades from a habitability, health or safety perspective. The renovations she is intending at this point are purely cosmetic and the primary reason for cancellation of the lease is so she can move in. We would like to remain in the house until the end of our lease agreement. Are we legally entitled to remain at the premises?
Thank you,
Kieran
Message from the Lawyer
Hi there,
I see that you haven't made a payment for the question, but I'm going to assist you a little. If you want to ask a follow-up question, please make the required payment, even if it is R150 or R200.
I would need to look at the lease agreement properly to form an opinion, but my knee-jerk reaction is that if the landlord's intention is to do a "full renovation" on the property, then the landlord's early cancellation of the lease would be legitimate. But if the landlord's true intention is to give it a quick "once-over renovation" and the real reason is so the landlord can move in, then I would dispute the landlord's right to cancellation.
You would be on shaky ground though ... legally speaking ... because a court might very well look at the plain English sentence and say "Well, if the landlord wants to renovate, then she can cancel the lease", without going into the motives behind the scenes.
What you should also keep in mind is that you can dispute the cancellation in court, which would take more than a year, meaning that you could continue living there until your dispute has been resolved. But it would cost some legal fees.