Rental Property Law Tips
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About Rental Property Law Tips
Consistent valuable insights on rental property law from South Africa's top rental property attorney, Marlon Shevelew. All our details are on this link https://www.ebc-mobile.co.za/MarlonS
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Posts
Such interesting answers, so here’s ours: *So How Long Must a Lease Be to Be Considered Fixed-Term Under the CPA?* A lease must be for a definite period to be classified as fixed-term, meaning it has a clear start and end date. *The Critical 80 Business Days in Section 14* Section 14 of the CPA requires that a landlord notify the tenant in writing at least 40 to 80 business days before expiry of the lease. This notification must: ✔️ Inform the tenant that the lease is ending ✔️ Give the tenant an option to renew or let the lease expire ✔️ Explain any changes to the terms if the lease is renewed *How Long Must a Lease Be to Ensure Compliance?* Since 80 business days (about four months) are required for notice under Section 14, a lease must be at least four months long to accommodate this mandatory requirement. Otherwise, it might be argued that the lease does not meet the CPA’s intention of a fixed-term agreement.
DID YOU KNOW The Rental Housing Tribunal (RHT) lacks the power to enforce its own rulings, meaning it cannot handle contempt of court cases like a court can. If a party refuses to comply with an RHT order, enforcement must be sought through the Magistrates’ or High Court, often requiring legal representation. While money-related rulings are somewhat easier to enforce, they still need to go through the court system. This creates frustration for RHT users, who turn to the tribunal for a cost-effective resolution, only to face additional legal expenses to enforce their rights……..
So, how long does a lease with a natural person tenant have to be to qualify as a fixed term agreement and have the benefits of the Consumer Protection Act apply. DM me your answer
Hope those of you who joined me on the WeconnectU session yesterday enjoyed it. Please drop me a line if you did.
Each month, we host an interactive Q&A webinar exclusively for Leapfrog Property Group SA, open to all branches. This hour-long session addresses real-life scenarios faced by rental property practitioners. Backed by 25 years of courtroom and tribunal experience and grounded in law, these webinars offer practical, insightful guidance. Interested in having an exclusively designed session? Contact us on [email protected] for more information.
Marlon Shevelew and Associates Inc represented the Woodstock Hub, the property owners in this massive constitutional case. Judge for Yourself | 23 January 2025 https://www.enca.com/shows/judge-yourself-23-january-2025
As the only rental property attorney on the WeconnectU panel of experts tomorrow, I’ll be sharing my insights on how property owners can protect their investments and prepare for 2025. Looking forward to seeing you! https://events.zoom.us/e/view/AkUZPLk0Ryif6-IcmBqzQA/purchase #WeconnectU #PropertyLaw #RentalExpert
Hope you join us. Please register on this link: https://bit.ly/feb-2025-webinar-tvdm-consultants