Good day, I would like to know if i can ...

Asked by Tyron Landsberg on 09-04-2024 10:42:58
Question posted in the Property Law category relating to Gauteng

Good day, I would like to know if i can vacate a rental premesis before the two calendar months notice is up. 

I have given two calendar months notice as per the contract but it does not state that we need to stay there for the two months, It would seem a property had become availble and i would like to move end of the month and not the next. 

The contract states the below

"TERMINATION OF LEASE, Should either party to this agreed wish to terminate it at the expiration of this lease, he shall give two clear calendar months’ notice to do so. otherwise tenancy shall be continued..."

The reason for termination is due to the house not being maintained, for example the earth was not conencted on the DB board, we had to go to the housing tribual for another instance with water in order to get the earth sorted out, this time its the door in one room, the wet weather made the door swell up and it didnt want to close, damaing the hinges , the landlord said this is our fault and we need to fix it. 

In the contract it states we are liable for "Door handles, door locks" nothing about the hinges or framing attached to the house. Would this also mean he would be in breach of the contact as he is neglecting to fix wear and tear ?

Basically i would like to know, 

1 - If we can move within the two month notice and what would happed to the deposit 

2 - If he is in breach of the contract for not fixing the issue . 

Message from the Lawyer

Posted by Att. Patrick on 09-04-2024 11:26:41

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 have given the required notice, there is absolutely no reason why you can't vacate the premises immediately to move somewhere else. You will however need to continue paying the rental until the end of the 2 month period. The rental is all that the landlord cares about. If you pay that, I'm almost 100% sure that the landlord won't care if you vacate early. 

Unfortunately, unless the contract specifically says that the landlord is responsible to repair hinges (or whatever), you can't assume that obligation on the landlord.  Even if you could, I would suggest that the failure to fix a door is NOT a material breach of the lease agreement which would not give you the right to cancel the lease as a result. 

I don't think that the earth issue, or the water issue, or the door issue, constitute material breaches and I therefore think that your best bet is to go with the 2-month cancellation, and move out. 

Answer Accepted

This answer was accepted on 09-04-2024 11:29:09

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