HomeDiscussions

Discussions relating to property rental

 

Automatic continuation of lease period

Aslam
Aslam
Posts: 2


2017/10/28
Aslam
Aslam
Posts: 2
With reference to the item 6 in the TPN residential lease agreement, is it valid to change the automatic continuation period to the same period of the initial lease period (e.g. 12 months) instead of the Month-to-Month clause. If so, what would be the legally accepted wording for such a clause?
TPNLegal
TPNLegal
Administrator
Posts: 76


2018/01/08
TPNLegal
TPNLegal
Administrator
Posts: 76
Hi Aslam,

In terms of section 14 of the CPA, where the Initial Period of a Lease Agreement comes to an end and the Tenant has not communicated the desire to either renew or terminate the Lease Agreement, the Lease Agreement will continue on a month to month basis.

Therefore, I do not suggest you amend clause 6.

Thanks.
Marc Lunau
Marc Lunau
Posts: 420


2018/06/19
Marc Lunau
Marc Lunau
Posts: 420
I think one is obliged to tell the tenants 40-80 business days prior to expiry what the options are once lease expires. Not so?

--
Global Property Investor and Property Manager with value add solutions

www.houses4rent.co.za
mmitche01
mmitche01
Posts: 1


2018/10/08
mmitche01
mmitche01
Posts: 1
Marc Lunau wrote:
I think one is obliged to tell the tenants 40-80 business days prior to expiry what the options are once lease expires. Not so?



If the initial period ends without any communication between the tenant or landlord, I understand that the new month to month basis will include the annual increase as stipulated in the TPN agreement. Could someone confirm this please?
Lelo
Lelo
Posts: 1


29 days ago
Lelo
Lelo
Posts: 1
Hi all

If the tenant is the one that contacts the landlord on the 21st regarding their contract that is due to expired on the last day of the same month, when there was no notice given by the landlord as required. Can the landlord legally force the tenant to stay for another month, or not give back the deposit?
Mithasha
Mithasha
Posts: 1


14 days ago
Mithasha
Mithasha
Posts: 1
If the tenant is the one that contacts the landlord on the 21st regarding their contract that is due to expired on the last day of the same month, when there was no notice given by the landlord as required. Can the landlord legally force the tenant to stay for another month, or not give back the deposit? Does anyone have an answer on this please? I have a similar situation