Property Rentals Pretoria – Huurkor Rentals
PUBLISHED 25 APR 2017
Is It Possible To Terminate A Property Rental Lease Agreement Without Recourse?
There are often several possible reasons why a tenant may want or need to terminate their lease agreement before it has run its course. However, is it possible to do so without being in breach of the legally binding contract? The answer is perhaps somewhat vague, and it depends on the cancellation clause within the original lease agreement. Unless there are explicit grounds for cancellation of the agreement, which are stipulated in a cancellation clause, it can be quite difficult to get out of a lease agreement. This holds for both the tenant and the landlord.
Even if the lease agreement does not contain a cancellation clause, the tenant can still be considered in breach of the contract, should they decide to terminate the contract prematurely. A harsh reality that tenants need to keep in mind is that, should they be in breach of the contract, the landlord will be within their right to demand the tenant pays the the amount due for the remainder of the agreed-upon tenancy period. Should the landlord keep to and meet all the conditions of the lease, the tenant cannot simply terminate the lease agreement, and the same goes for the landlord, as long as the tenant keeps to the conditions of the lease.
What Is The Next Step?
Should the tenant need to terminate the lease agreement before it matures, the best course of action would be to approach their rental agency and discuss the matter with the landlord as soon as possible, for the possibility to come to a mutual agreement. This may include a prospect of another tenant taking over the current lease agreement, or subletting the property for the remainder of the lease period, whatever the case may be. Whatever agreement is reached between the two parties should be memorialised in writing, to avoid any confusion down the line.
While the Consumer Protection Act allows tenants to provide landlords with 20 days’ notice, should they choose to cancel their lease before it expires, it does not completely absolve the tenant of any responsibility. Even though the tenant has a right to move, if the landlord has met the requirements of the lease, the landlord is within their rights to recoup reasonable costs that they might incur during the search for a replacement tenant.
Work with Huurkor for Professional Property Rentals In Pretoria
We know that even the best plans simply do not always work out as expected. We make plans, and then life happens and they go awry. But that is when you need a reputable rental agency behind you, with a team of experienced and empathetic rental agents ready to help make your rental experience as painless as it can be.
Since 1968, we have been helping landlords and tenants navigate the choppy waters of the rental industry in Pretoria, to great acclaim. Today, we are a household name throughout the city, with an extensive network of the city’s top landlords and quality tenants. We can help you find your next property rental, and secure a lease agreement that is mutually beneficial to both parties. Our agents know what our tenants want and need, and we are all about keeping our tenants and landlords happy.
We are ready to help you find, secure, and settle into your new rental property. Tap into our decades of experience and expertise, and let us help you find your family’s next home. We have some of the best property rentals available in Pretoria, with new rental properties coming in to be listed daily. Our team is ready to go the extra mile to bring great landlords and quality tenants together.