South African Lease Agreement Law

Under the common law, there is no lease if there is no agreement on rent. In addition, the RHA requires that the rent be agreed for the purpose of a lease agreement. Rent is usually a sum of money, in which case it must be fixed either in a certain amount or set by a method or standard,[1]:907, but may be in another form, such as a certain quantity, a certain weight or a certain number of fruits or products,[1]:907 or a certain part of the gross proceeds of the property. [1]907 Whatever form the rent takes – and it cannot take the form of services[1]:907 – it must be definitive or identifiable. It may be the subject of an explicit or tacit agreement. In addition, a dependent successor is bound for the duration of the long lease if he “learned” that the lease “exists” at the time of entry into the transaction by which he acquired the leased property. In this regard, mere knowledge is not sufficient, for occupation could be evidence of a short lease. You should know that there was a long lease. The obligation to prove the required knowledge rests with the tenant. The termination of residential real estate leases is generally easier to manage than that for commercial real estate. Section 121, which deals with the consumer`s right to expressly revoke credit contracts, states that the section applies only to a lease or a contract to be terminated that has been entered into in a location other than that of the lender`s registered premises. There are ways to do this successfully and most of them include alternative dispute resolution measures such as interventions, mediations, comparisons and arbitration; but disputes may also be the answer if the lessor himself violated the lease agreement or if the landlord or his representatives oversold the property, exaggerated the foot traffic and led to your signing of the lease by undue influence; and, in some cases, even coercion. Therefore, if you wish to terminate a commercial lease.

My advice is simple. Get professional legal advice. A long, non-registered rental agreement applies to the new owner of the property on the basis of the teaching of prior knowledge, i.e. if he is aware of the lease agreement. Under the Consumer Protection Act, tenants have the right to terminate their residential and commercial contracts as long as they can meet all cancellation criteria or requirements and only certain tenants can use Section 14.