Asked by Kate on 11-09-2024 10:54:29
Question posted in the Landlord Tenant Law category relating to Gauteng

We signed a 12 month lease agreement from April 2023 until March 2024. When the time came for renewal we stayed on.

The landlord recalls that we renewed for another 12 month period. However, no written addendums were made or signed and I don't recall specifically renewing for another year. There's also no written word of it in text or email. 

We cancelled 16 August with the intent to evacuate by 30 September. The landlord is claiming penalties due to this being "early cancellation" as stipulated in the lease agreement. But like I said, there is no written record of a fixed term renewal. Can he enforce this clause of the lease agreement having not enforced a signed addendum? 

The lease agreement says there are no penalties for month to month cancellation.

Also adding that it took the landlord 2 weeks after our cancellation to come over and discuss next steps. Time he could have spent looking for a new tenant already.

Posted by Att. Patrick on 11-09-2024 12:10:11

Hi there and thank you for your question,

I am a practicing attorney based in South Africa and I will assist you with your question. Please feel free to ask as many follow up questions in order to clarify your question. If you have a new question, you must please open a new thread.

Please keep in mind that our discussions is for general information purposes only. Our engagement on this website does not create an attorney-client relationship. 

If you never actually signed another renewal lease agreement, then the original lease agreement would have continued, on a month-to-month basis, immediately after March 2024. It is important to note that the wording of the original lease agreement would continue to apply. e.g. the rental, access, obligations, etc, etc. 

However, the termination provisions would obviously change, because it would be converted into a month-to-month lease. 

This means that you would be able to terminate the month-to-month lease agreement by giving a full calendar months' notice. 

So, if you cancelled the lease on 16 August, then the full calendar months' notice would be the month of SEPTEMBER, and the lease would then terminate on 30 September 2024. 

This cancellation is NOT an early termination as provided in the consumer protection act which would allow the landlord to charge you a reasonable cancellation penalty. This cancellation would be the required cancellation for a month-to-month lease agreement. 

Ask the landlord for PROOF that you renewed the lease for another 12 months. You must deny having done that. 

If he sticks to his story and wants to charge you the reasonable cancellation penalty, you must refuse to pay it. He will then need to take you to court (or the Rental Housing Tribunal) in order to prove his claim. If he doesn't have anything in writing, then he is going to have a problem.

I think that you've followed the law correctly and the only issue that you would need to deal with is demanding the return of your deposit after you move out. 

Thanks so much for your feedback.

If possible, I'd like to avoid things getting too out of hand. I'm coming out of a long term relationship and moving far away from anything I know so it's stressful enough.

What can happen if I mention that he can just keep the deposit and whatever interest accrued and we call it quits there? I don't care about getting it back, I just want this behind me and over with. What are my options in this case? Can he use that against me if he felt like fighting?

Posted by Att. Patrick on 17-09-2024 15:54:57

What can happen if I mention that he can just keep the deposit and whatever interest accrued and we call it quits there? -- You can definitely do that. In fact, it is what a lot of tenants do - right or wrong. 

What are my options in this case? -- The reality is that the landlord will need to decide (1) whether he will accept the situation because he is nearly getting all of his money and it is too expensive to litigate about it, or (2) whether he wants to sue you because of the principal of the thing, and he is happy to spend a lot on legal fees even though it is going to cost him! 

If the landlord can't prove a definitive 12 month renewal of the lease, and if I was his attorney, I would caution him from taking any further legal steps!