7. December 2020 Early Termination Of Commercial Lease Agreement By Tenant South Africa It is entirely within your rights to terminate prematurely a lease with zero breach of contract. You can legally terminate the lease in a written notification submitted to the owner at least 20 business days before the scheduled departure. Previously, prior to the adoption of the CPA, landlords would determine the penalty based on their ability (or inability) to find a tenant to replace the previous one. What is important is that there was no standard obligation to find a replacement tenant unless expressly agreed. 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. The rent for these 20 days must be paid by the tenant; and they have to pay the same thing; if necessary, to the owner for this period. This is not an offence. It is more usual for the tenant to terminate a tenancy agreement prematurely and, if he wishes to proceed with the termination, a careful examination of the signed tenancy agreement should be the first step. It is therefore important to note that the appropriate cancellation penalty is used to give landlords the opportunity to recover costs they would not have had to bear if the tenant had not terminated the lease prematurely. Costs that could be included in such a penalty would include, for example, credit cheque fees for a potential new tenant; and all other reasonable incidental costs associated with the new tenant appropriately incurred by the lessor in the search for this replacement tenant; as advertising costs and would sometimes also lose rent by the landlord if and during the time that the property should be free. However, it is not a carte blanche penalty that the owner can simply impose, as he sees fit; z.B. 3 months` rent. It`s not going to fly. It must be based on its true financial harm. It was rightly regarded as “a sentence that cannot be collected in advance. They can only be calculated when a new tenant has been found and the landlord cannot benefit financially or from the rental fee. It will simply be refunded. The exit of a commercial tenancy agreement is possible as long as the landlord and tenant follow the correct procedure. 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. Although the CPA notes that exit from a commercial tenancy agreement is possible for the tenant, there remains some uncertainty as to the potential impact on “appropriate redundancy sanctions,” which are not clearly defined in the legislation. If you sign a commercial lease as a company, early termination depends exclusively on the content of your contract. This is why it is of the utmost importance to read and understand the fine print of a lease. Once the lessor or its representative has received the written termination, it must note the date on which the lease is to end; and should immediately begin advertising for a new tenant of the property. NomikAdmin 7. December 2020 Previous Post Next Post