In all leases; There is always a clear distinction to be made between residential real estate leases and commercial real estate contracts. If the rent has to be reduced to re-rent the property quickly, the landlord can argue the difference in the tenant`s rent until the end of the lease. When a tenant leaves the property before a fixed-term contract expires, he breaks the lease and a landlord can claim costs: the Constitution [1] provides that no one can be evicted from his house without a court order authorizing the eviction of the occupier. In fact, this means that without an eviction order, any attempt to expropriate a person, even a squat, of your property would be illegal. In order to obtain an eviction order, the owner must prove that the occupier is not entitled to reside on the land. To make the tenant`s occupancy illegal, all existing tenancy agreements must be formally terminated in accordance with the terms of the tenancy agreement and applicable legislation. If the lease is not terminated properly, the eviction is not granted. Note that the owner to whom you have leased land is entitled to impose a “reasonable cancellation penalty.” This is not to punish the tenant, but rather to ensure that the landlord can recover losses that could be caused by early termination. On this basis; Penalty clauses in leases that purport to agree to a pre-cancellation fine will simply not stop in court. Consumer Protection Act 68 of 2008 also makes a clear distinction between the early termination of a lease by an individual through paragraph 14 of the CPA; and the situation of a corporation that cannot use section 14, since it cannot do so with respect to paragraph 14, paragraph 1, which states that “this section does not apply to transactions between corporations, regardless of their annual turnover.” Force the tenant to pay the rent for the rest of the tenancy agreement Any correspondence (even send rental invoices) should stop immediately and all communication should be handled by the lawyer only. This is imperative, as any correspondence (including possible transaction negotiations) can seriously prejudice the deportation request, however insignificant. For example, by sending invoices through the landlord and demanding “rent” after termination, the landlord can tacitly revive the lease after termination. At this point, the process may have to start again.

The agreed tenancy period 2 years – 104 weeks – 3/4 of which 78 weeks Before immersion in the laws in force, it is also important to note that leases generally cover calendar days, i.e. every day of the calendar, including weekends and holidays. The Consumer Protection Act explicitly refers to the working days of Section 14, i.e. you must ignore weekends and holidays. Sometimes laws or leases refer to trial days, which means that you count only on days when the court is open and sitting, although there are few references to trial days in rental situations. If the types of days are not defined, you should consider them as calendar days and include weekends and holidays. Guillaume Earle, lawyer and director of Nakani Watts Incorporated, notes that Section 14 of the CPA allows for the early termination of a lease.