Even if there is no formal agreement, a termination is usually necessary to terminate a lease. In my friend`s case, you can`t just tell her to leave with a 4-day delay in the middle of the agreed fixed term simply because there is no written lease. Although it is a little difficult to prove the agreed end of the lease. In any event, tenants are entitled to at least 2 months` notice (i.e. a legal right) for the duration of the fixed term period, which must be notified under item 21 above. The notification that a landlord must give the extract to a tenant depends on the reason for the termination. If it is a simple termination of a lease or a lease agreement that has no particular reason, For example, a breach of the lease, the lessor usually has to submit a period of at least 30 days at least 30 days in advance. This applies to both written and monthly leases. Some states need a little longer. If you are a tenant with no written tenancy agreement and would like to discuss your circumstances, or if you are a landlord who must establish a formal rental agreement, contact Simon on 086 099 5146 or email email@example.com to discuss your case confidentially.
The lawyers for the eviction from Johannesburg and Cape Town are experts in rent and eviction law, and we maintain the rights of both parties without bias. Hello, a friend of mine just said she has to leave her private home in two days, she hasn`t had hot water for over 6 months, and the property is pretty wet. she asked her landlord to solve the boiler and moisture problems, and he never did, she asked for advice and they send someone to inspect the property in 2 days, her landlord found out and told her he wanted her to be in 2 days, she has no lease and no real proof of rents, does she have any rights? She has been diagnosed with a terminal brain tumor and has two young children, but her owner is tenacious that she has to leave Can my landlord drive me out without a written contract/lease? In short, yes. Since an oral contract is legally binding and creates a legal tenancy agreement, the legal rights of the landlord and tenant apply under the Housing Act, which includes the right of landlords to recover their property. How to terminate/terminate a lease without a written contract To terminate each lease, proper and regular legal procedures must be followed. In my friend`s case, you can`t just tell her to leave with a 4-day delay in the middle of the agreed fixed term simply because there is no written lease. Although it is a little difficult to prove the agreed end of the lease. In any event, tenants are entitled to at least 2 months` notice (i.e.
a legal right) for the duration of the fixed term period, which must be notified under item 21 above. My friend or other tenant may only be “forced” to a tenancy agreement for the limited period of time if the landlord has grounds for eviction (e.g.B. rental arrears), in which case the tenant must be notified under Section 8. If you want to explore all the ways to terminate a lease, whether you have a written or oral agreement, you will find here a list of possibilities to properly terminate a lease. If you are a landlord who asks for help with evicting a tenant and does not have a written rental agreement, you can jump here to get free legal advice from the landlord.