If the cancellation is based on the violation, the tenant must generally give the lessor the opportunity to correct the situation within a specified time frame and if he or she still does not comply, he or she can terminate the contract. The landlord can also terminate the contract if the tenant is injured. The tenant is responsible for making full payments and over time to the lessor in order to guarantee and build a positive credit profile. This will help him when it is time to move rental properties or open new credit accounts. Although oral agreements are legally binding, it is always preferable to obtain a written lease agreement, which will then be signed by all parties involved. It is recommended that a written agreement be required specifying all the terms and conditions and rights and obligations of the tenant and landlord. The tenant is entitled to a rent bill that will account for the various costs: basic rent, electricity, water, etc. Soon, this advice will not be relevant. The Rental Housing Amendment Act 2014 requires landlords to subject tenants to a written rental agreement.
Oral agreements are no longer binding. The Rental Housing Amendment Act will apply immediately to new leases and landlords have six months to bring existing contracts into compliance with the new legislation. At the time of the letter, the legislation has not yet been labeled and no effective date has been announced. We will keep readers of this blog informed. Regular leases (234.7 KB PDF) do not have a date when the lease expires. They will continue until the tenant or landlord announces in writing the termination of the lease. Yes, if the owner asks for one and it is stipulated in the rental agreement. If the terms of your original agreement, either orally or in writing, do not contain a down payment, you will not have to pay if the owner asks you to do so later. Any change to an agreement is only valid if it and your landlord agree. But what often happens is that an oral lease is entered into, but a written agreement is not established until later. In this context, some important points need to be taken into account.
While the oral contract remains, in certain circumstances, an appropriate agreement for the sale of real estate, a written contract is an essential criterion under South African law.