Some of the laws that apply before and when a lease ends are set out below:

If a lease ends and the tenant remains in the property with the permission of the landlord, the parties are deemed to have entered into a lease on the same terms as the one that ended, except that one month’s written notice may be given by either party to the other, to terminate the lease – Rental Housing Act.

On the ending of a lease, the lease automatically continues on a month-to-month basis subject to any changes of which the landlord may have advised the tenant (which the landlord has to send to the tenant within 40 and 80 days before the ending of the lease), unless the tenant has terminated the lease or agreed to a renewal of the lease – Consumer Protection Act.

In terms of these Acts, on the ending of a lease, the lease continues on a month-to-month basis.

Alan Levy

Alan Levy

Alan Levy Attorneys focuses on an extensive range of property services, which it offers to property management companies, body corporates and property owners throughout SA. Areas of specialisation include rental collections and evictions, landlord/tenant law, the Consumer Protection Act as well as sectional title law including arrear levy collections, disputes with owners and arbitrations. LANDLINE: 011 786 2192. CELLPHONE: 083 968 5045. WEBSITE: The views herein are not intended to be and should not be construed as legal advice. If legal advice is required a suitably qualified attorney should be consulted with.

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