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How Solid Is Your Residential Lease Agreement?

It has already been established in our step-wise guide for Landlords, how a well drafted lease agreement can simplify matters for the Landlord in the event of breach by the Tenant and also help to avoid unpleasant and costly rental disputes.

Read: How To Evict A Tenant

Trying to achieve this by imposing a hostile lease agreement full of threats on prospective Tenants is not only unprofessional but also unproductive and ineffective. Instead, a properly drafted lease agreement with a thorough knowledge of its workings will achieve the best results for the legal-smart Landlord.

Besides the essential elements of a legally binding contract, several other important legal aspects should also be considered in a residential lease agreement like the agent’s role (if applicable), whether the Consumer Protection Act (CPA) applies and the effect thereof along with a number of other laws which governs the lease agreement.

Ever so often, precarious clauses find their way into a lease agreement. These clauses are often not only unenforceable but could in fact compromise the validity of an agreement while providing the Landlord with a false sense of security. Other clauses are helpful and should be included where the situation demands, including the delivery of notices, alternative accommodation, details of occupants, to name a few.

The well-drafted lease agreement pre-empts potential threats like evictions. Not only would helpful precautions simplify and the reduce the legal work required but also expedite the legal process, saving time and money when litigation becomes inevitable.

The intelligent residential lease generator covers most of these and other residential rental situations encountered by Landlords in South Africa. It also features several special clauses to make it, inter alia, CPA- and eviction-friendly.

Free Online Lease Agreement

Your First Line Of Defence

Never underestimate the value of a properly drafted lease agreement! By following the guidelines provided you can generate a CPA-friendly Residential Lease Agreement in minutes.

Spoliation And Illegal Eviction

Spoliation is usually the first thing that jumps to mind when a landlord is confronted with a problem tenant or illegal occupant. By resorting to creative, illegal tactics to get rid of the problem, a landlord could be putting an informed tenant in control...

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How To Evict A Tenant

Tenant Not Paying Rent, Now What? Landlord-Tenant disputes come in many different shapes and forms but to best explain the process a Landlord could follow when a Tenant breaches the lease agreement, let's consider the most common scenario where a Tenant defaults on...

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PIE Evictions

Prevention of Illegal Evictions from and Unlawful Occupation of Land Act (PIE) PIE sets out procedural and substantive requirements that must be satisfied before a court may grant an order of eviction. The procedural protection that PIE affords occupants...

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ESTA Evictions

Extension of Security of Tenure Act (ESTA) ESTA applies only to occupiers of rural or peri-urban land, whose occupation is, or was, lawful in that they resided on the land with the consent of the owner. Occupiers under ESTA may not earn more than...

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The Magistrates’ Court Act

The landlord's tacit hypothec gives the landlord the right to attach all movable property, brought onto the property, in order to collect rent arrears. It is a powerful weapon against a defaulting tenant and can secure the landlord’s claim for payment of...

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Rental Housing Amendment Bill

The Rental Housing Amendment Bill was accepted by the National Assembly on 9 September 2014. It was however recalled for argument after just a few days. The main reason for further argument at this stage was that the committee wanted to do away with the term...

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Lease Agreements & The Consumer Protection Act

The Consumer Protection Act 68 of 2008 has considerable impact on lease agreements. The Act has been passed in order to regulate and normalise the relationships between the suppliers of various goods and services and their consumers in the marketplace. In order to...

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Rental Housing Act

The Rental Housing Act (RHA) bears specific reference to the termination of the lease agreement. Section 5(5) of the Act states: If on expiration of the lease the tenant remains in the dwelling with the express or tacit consent of the landlord, the parties are deemed...

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