How To Cancel A Commercial Lease Agreement South Africa

10 avril 2021

So if you are in the process of signing this 10-year lease for commercial offices, contact Myers Attorneys to interpret the terms of the commercial lease if your company`s financial and ownership status changes. Let`s negotiate more advantageous terms with the owner to match your type of business. The lessor must ensure that the registered commercial lease is not too one-sided. It is a question of compliance, because one party would actually have more rights than the other, which increases its responsibility for the agreement. Make sure there is a thorough inspection with the agent and/or owner. All defects and damages must be written in an endorsement to the lease. In the spirit of the Consumer Protection Act, tenants have the right to terminate their leases as long as they are entitled to them and to do so in accordance with all cancellation criteria or requirements. Tenants who do so must do so in writing and inform in writing for at least 20 days. This must be done correctly and correctly in order to be fully compliant with the CPA. « If you take care of the property, keep it clean and keep it well maintained and have maintenance problems with the owner, you can make sure that at the end of the lease you can get as much of your deposit back, » Seeff said.

There may be circumstances that may impede a commercial tenant`s ability to meet their obligations under the tenancy agreement. According to Seeff, you can terminate your existing lease under the Consumer Protection Act (CPA), Section 14, within 20 working days, but do so in writing. In most cases, we had to answer the question of whether office tenants have the right to terminate a tenancy agreement in accordance with the Consumer Protection Act (CPA) and why landlords feel so strong that they can refuse to terminate prematurely if the CPA provides that early termination of a tenancy agreement is permitted and, despite the most legitimate reason for requesting early termination. Particular attention should be paid to sections 48, 49 and 51 of the CPA. Sections 48 and 49 state that some provisions are unreasonable, inappropriate and unfair. Section 51 contains a list of prohibited transactions, agreements and conditions. Therefore, the lessor is required to ensure that there is no provision in a commercial lease agreement that could conflict with the CPA. Sometimes the wrong terminology is used when the lees are interrupted prematurely. Landlords and their fulfillers often refer to the early termination of a tenancy agreement by the tenant as a « breach of contract ». That is not the case.

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. Imagine: you are the founder of a successful startup and you have signed a 24-month lease for a traditional office. Ideally, your contract should include an early termination clause that guides you. However, if there is no clause indicating the terms of early termination (which is very often the case), you do not have the automatic right to terminate your lease before the expiry. Please visit our website at www.legaladviceoffice.co.za or send us an email This email address is protected from spam bots. You need to have JavaScript enabled to view it. and we will respond to your legal requests within 48 hours. On this basis; Penalty clauses in leases that purport to agree to a pre-cancellation fine will simply not stop in court.