How Solid Is Your Lease Agreement?

Jul 9, 2019

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.

Lease Agreements And The RHA

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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Lease Agreements And The CPA

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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