Hello Team,Good day to you!I am looking ...

Asked by Gaurav on 10-03-2021 14:03:48
Question posted in the Landlord Tenant Law category relating to Gauteng

Hello Team,

Good day to you!

I am looking for help to understand clauses in my rent agreement which is signed by me as a tenant. The agreement was given by the owner. We first signed the agreement through an agency for Dec 2019 to Nov 2020. Then the 2nd lease agreement was signed in Jan 2021 for a 12 month period again between us and the flat owner. I was still there in the flat and paid rent and electricity as normal between Dec 2020 to Jan 2021.

I want to vacate the place and would like to move to another flat by giving them 1 calendar month's notice. However the owner says that we have signed a lease agreement where we can't leave the place before Dec 2021 whereas there is a clause which we can see in agreement which says that we can give the owner a calendar month notice. This is what the clause says on paper. Please review and let me know what it says. I am happy to share a complete copy of the agreement as well.

Clause 2. This lease shall commence on the day of 1st day of January 2021 and shall continue and subsist until the Iast day of 31st December 2021 ("Initial period"). Unless either party gives the other party one calendar month's written notice before expiry of the initial period, the LESSEE/S shall continue to occupy the premise as a monthly tenant, subject to all the terms and conditions of this lease, except that the rental shall escalate at 10% (twelve percent) per annum on 1 Jan 2022 thereafter again with 10% (twelve percent) per annum on January 2023.Notwithstanding the aforegoing, the LESSEE/S will not be entitled to give notice for the month of Dec 2021 but will only be entitled to then notice, to vacate the premises, by the end of Oct 2021 following such December 2021 month. However, notwithstanding anything contained in this cause, the LESSEE'S will, after the initial period, only be a tenant on a monthly basis with no claim for a longer period of tenancy.

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Clause 14. Insofar as reference is made in clause 2 above to one calendar month's notice, such calendar month's notice must be given by giving notice no later than the last day preceding such calendar month, Insofar as reference is made in clause 2 above to a tenancy on a monthly basis, notice (Insofar as applicable) of termination must be given no later than the last day of the preceding month. Therefore, and In both Instances, it means that notice must be given by no later than the last day of the preceding month. For example, and to illustrate, the following: If the last day of the lease will be 31 May, then such notice must be given by no later than 30 April and cannot be given on 1 May or thereafter.

Information Requested by Lawyer

Posted by Att. Patrick on 11-03-2021 20:04:38

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.

Can I assume that you signed the lease in your personal capacity, and that it is for residential premises. Have you considered section 14 of the Consumer Protection Act?

Att. Patrick 

Please remember this is a dialog if you have follow-up questions please make the required payment, then use the REPLY button and ask your further question. I would like to continue assisting you, but I need to concentrate on people who make payments for their questions.

Information provided by client

Hi Att. Patrick,

Thanks for your inputs. We are ready to make a payment however if based on our conversation I would request something in writing on your letterhead to show to my landlord regarding the interpretation of the clauses in lease.

Pls let me know and I'll initiate a payment immediately.

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