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Proper way to give notice on rented property


Proper way to give notice on rented property

Category Legal

The tenant initially rented the property in accordance with a written agreement of lease. When it expired, the tenant remained on the property on a month-to-month basis.

There is now a possible sale of the property and the owner`s rental agent advised the tenant to vacate within 30 days. The question is if for instance, a telephonic instruction to move out is sufficient.

The Rental Housing Act sets out the legal position and the effect when a rental agreement expires, changing from a fixed-term arrangement to a month-to-month one. The requirement as to the type of notice for cancellation is also clearly set out.

If the tenant remains after the lease’s expiration with the express or tacit consent of the landlord, the parties are deemed, in the absence of a further written lease, to have entered into a periodic lease. These are on the same terms and conditions as the expired lease, except that at least one month`s written notice must be given of the intention by either party to terminate the lease.  

So, it is quite clear that the landlord or his agent has to provide the tenant with a written rather than a telephonic notice of termination of the agreement. In practice, it could happen that telephonic notice of termination is given as a courtesy, with the notice then being confirmed or rather properly effected in writing.

Assuming that proper notice is given, an inspection of the property should take place, preferably with both parties present. The Act states that at the expiration of the lease, the landlord must arrange a joint inspection of the property at a mutually convenient time. Failure by the landlord to inspect the property in the presence of the tenant is deemed to be an acknowledgement that it is in a proper state of repair. In this case, the landlord will have no further claim against the tenant. 

In summary, at least one month`s written notice must be given by either party.     

Author Jannie Fourie, Agrisell
Published 24 Feb 2017 / Views -
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