In contradiction with a fixed-term tenancy agreement, it is a contract between the tenant and the lessor, which sets out the terms and obligations of each party for a specified period of time. B, for example the signing of a lease of a fixed term of one year. The lessor is only allowed to pass on the increase in his taxes or rates and taxes as a monthly fee if the lease expressly provides for it. This article examines the differences between monthly to monthly leases and fixed-term leases, as well as the notice period required to terminate contracts. We will apply the provisions of rental Housing Act 50 of 1999 (`RHA`), Consumer Protection Act 86 of 2008 (`CPA`), common law and High Court Decision of Makah v Magic Vending (Pty) Ltd; Ngolo v Magic Vending (Pty) Ltd (A325/2016; A326/2016) [2017] ZAWCHC 142; 2018 (3) SA 241 (WCC) (May 16, 2017). The RHA provides that after the expiry of the written lease, the lease will continue to expire on the same terms as before, when a tenant has not cleared the property. The tenant pays for the rental of the property on a monthly to monthly basis, hence the duration, month to month rental contract. The question arises as to whether the tenant should give the same notice period to decide whether to terminate the tenancy agreement. According to the RHA, the tenant must give a 1 month before the termination of the tenancy agreement. SD Law is a law firm for forced evictions, which knows the right to rent by heart.

We look after the interests of landlords and tenants. Our priority is to maintain the law and guarantee the protection of the rights of all. If you have a question about your monthly lease or any other aspect of housing legislation, contact Simon on 086 099 5146 or send for a confidential interview. In Perthpark, the tenant remained in the occupancy of the premises after the lease expired. The lease continued from month to month, in accordance with the law. Perthpark (the owner) informed Luanga on May 4, 2017 of the termination of the lease and the tenant had to evacuate the property by June 5, 2017. Luanga remained on the site and Perthpark received an eviction order. In his appeal to the Westkap High Court, Luanga argued that the notice period should be the monthly rental period that runs from the first to the last day of each month. If the notice period set another period (May 4 to June 5), the lease was not valid and the eviction was also not valid, as the occupier was not an illegitimate resident for the purpose of preventing illegal eviction and illegal occupation of Land Act 19 of 1998 (“PIE”). Although our law accepts the validity of oral leases (written tenans are only mandatory when the latest RHA amendments finally come into force), you should always insist in practice that everything be signed in writing and by both parties, with a clause stipulating that no changes are valid and binding, unless they are also reduced to the letter and signature.