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Lease Agreement Laws in South Africa

A rental contract is concluded by agreement between the parties that one of them is in addition, the difficulties introduced into the law by the issuance of the reservation in § 2 of the GLAA have been lifted; the law has reverted to the common law position. It is therefore clear that a free successor is bound by an unregistered long-term lease, even if he was not aware of its existence. • Take care of the property and not use it for purposes other than the one for which it was rented. For example, to use the property only for residential purposes, not to create a nuisance, and so on. As already mentioned, the lease contract (locatio conductio) had three forms in Roman law: the locatio conductio rei, the locatio conductio operis and the locatio conductio operarum. Romano-Dutch law has adopted this position, and it is still in force in South Africa. The modern lease is therefore the Roman locatio conductio rei, the rental or rental of a thing. We signed a lease for twelve months, but we recently found out that a bank had approved a mortgage application, which was a late succession and was only approved months later, now my question is, our contract says we signed for 12 months, but isn`t it the law that if you want to move, before your lease expires, you must give one month`s notice in advance? Registration requirements are also set out in paragraph 25(2)(a) of the Mineral and Petroleum Resources Development Act, which provides for the registration of mineral rights with the Mining Titles Office. Pursuant to subsection 11(4) of the Act, transfers, assignments, leases, subleases, divestitures and hypothecs or amendments thereto must also be recorded. Thus, in the case of long-term leases concluded during the period in question, free successors are required to register an unregistered lease; equally heavy successors who know of its existence.

Bulky successors without the knowledge are bound for the first ten years of the ten years of the ten years of the lease if the tenant is employed. Among those who are obliged to recognize and continue the lease, Van Leeuwen mentions buyers and recipients after adopting the Romano-Dutch legal principle that rental takes precedence over sale (huur gaat voor koop), while Voet lists “usufructs, legatees, recipients, recipients and others for certain securities” and says that their position is in no way different from that of buyers. Hi hello. I urgently need help/advice. I have renovated a property in the last 2 weeks. I gave to my landlord approximately. Deposit R8500 + R1700 rent paid pro rata for the half month I moved in. yesterday I made my 1st full monthly rental payment of R3400 for the month of May. The problem is that the owner shows up at unexpected and unreasonable hours of the night (after 9 pm he uses the excuse that he knows that we will be home at that time, so he switches at that time, I explained to him that to my knowledge he must give us a fair grade, that he will come and that it must be at the same time, that is fine with us. He now demands a copy of the house keys as well as a key to every room in the house, which I totally refused to give, but he still insists on having these copies. What is my right to this certainly, since I rent this property, it has no right to my privacy and not to be so disturbed, especially at this time of night. Please help.

In Proud Investments v. Lanchem International, it was pointed out that, in the case of leasing contracts, it was essential that the rent agreed by the parties be set at a certain amount (merces certa) or that it could be determined by a third party in accordance with the maxim certum est quod certum redid potest. I have a Tennant in my property for 20 months, of which he only had an agreement for 6 months and refuses to leave or pay the utilities that he pays the rent, but behind me I want him to leave, how should I go to get him out the rental agent went bankrupt and left me in this mess help greetings XANEA Continue, it is not mentioned that if the tenant is employed at the time of sale, bulky successors are tied up for the first ten years of the currency of the unregistered long-term lease, although they were not aware of its existence. In accordance with the above-mentioned principles and powers, they are bound during the said period. It therefore appears that, by providing in Article 5(1) of the RHA, the legislature considers that a lease `does not … are subject to the FRLL Act”, considering that these provisions constituted a burden from which the parties to the apartment leases should be released. If so, as noted above, there has been a misunderstanding of the legislator. I own a flat unit and we get our electricity bill from the Body Corporation and they overload us, sometimes he sends us the bill with the amount which is 5 times higher than the previous month. If we ask him why our electricity goes so high, he says he made a mistake, he will fix it in the meantime when he comes and cut our electricity. When we asked him if we should install a prepaid meter, he said we didn`t have a vote because he owns most of the apartments in the building, so at the end of the day, he has to say whether we want to install the prepaid meter or not, he should be the one who should give us permission to install.

It`s like we`re in jail, the place is leaking water and it charges us a fee to maintain the amount that is higher than the amount we pay for the bond. Please, I need help while I write this comment, he cut our electricity, he said we had to, we paid but still he does not want to turn on our electricity, please can someone help me how we solve this problem. The landlord must put the money in an interest-bearing account, and the interest rate must not be lower than the interest rate applicable to a savings account. Within 14 to 21 days of the end of the tenancy, the landlord must repay the deposit with interest. An incriminating successor is bound for the duration of a long-term lease if he is registered, whether he was aware of its existence or not. The house I rented was very expensive and I was paying too little each month. I signed a lease for a year but I was in the house for almost 3 years. I found a much cheaper house but had to move in immediately. I spoke to the landlord (a real estate agent) and said I would pay for the damages and what I owed him in water, light and arrears, but I have now received the final bill and he has charged me the rent for August, but I am not staying there and he knows I cannot afford it, to pay him the additional rent of R5500.00.

Is there anything I can do? In addition, a successor is bound if it recognizes and accepts the tenant as a tenant under a lease. The rest of the sentence with the words “through which he received the leased land” suggests that Parliament meant “at the time of registration” because you get land when you register and not when you sell it. My family recently moved out of a unit we rented for 3 years. On the last day of the lease, I did a full tour of the unit, where the landlord made no comment about the irregular wear and tear that I felt did not exist. Now the owner has presented me with an invoice of about 1800 rand more than the amount of my deposit (4800 rand in total) for what I consider normal wear and tear given the 3-year rental period. I believe that things like repainting the unit and repairing trifles are considered normal. What is my best course of action for dealing with this fake owner? Hello, I need urgent advice please. I currently rent a place in Edenvale for 2 years obviously on a monthly basis. I had some personal issues and I was late with my rent on I think 3 opportunities or less.

nevertheless, I informed my landlord of the situation. Just because I paid too little for this period, I received a letter of formal notice sent to my workplace and was registered on TPN. So every time I asked for confirmation of TPN`s withdrawal, I never received a response from this woman. Although it is secure, it is not the best place as everything in the place seems to be falling apart. I also paid more than the usual rental amount several times, but I didn`t credit anything for it. I have now been told that I have 2 months to leave the premises, on September 30th. I had paid a deposit of R5500, none of the deposits were mentioned in the letter. My rent is up to date, I have nothing exceptional. I have a hard time finding a place in such a short term because everything is so expensive that I have to have a new deposit and a 1st month rent.

Do I have any reason to say that my landlord must first find me a place before letting me move? What are the implications? Please advise urgently as it is really stressful. Your support in this regard is greatly appreciated. The lease is a bilateral legal act: it establishes rights and obligations between the parties […].

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