Make sure the lease contains all the necessary information. Also be specific to all information to avoid unnecessary disputes that may arise in the future. After writing the agreement, give it to a South African lawyer to verify the document. Although it will cost you a little money; However, this will save you a lot of trouble that you might encounter when writing an inappropriate lease. You can also purchase or reuse an existing lease from rental agencies as the basis for your project. This way, you benefit from the rental expertise of others, but you still have the flexibility to add your own clauses such as house rules (for example.B. no pets). An age-old common law principle can be a problem for landlords who have to move into real estate they rent or if the property is sold to someone who does not wish to take over the existing lease. This principle is known as “huur gaat voor koop” and can be translated as “rent takes precedence over sale”. If ownership is transferred and the lease is still in effect, the existing tenant cannot be distributed by the new owner of the property, as the new owner is bound by the lease2. This rule also applies to a landlord who wishes to move into the rental case.
Here you will find a simple model of housing rental in South Africa. It is necessary to distinguish between the different categories of rental of real estate, since the protection of the tenant is different in all cases. There are three categories of rental of real estate: 3.1 Short-term rental – the rental of real estate for a period of less than ten years. The lease agreement and all rights therein are imposed on the new owner who was aware of the contract3. In the event that the new owner did not know the lease, the tenant will continue to be protected on the basis of the huur gaat voor koop rule; 3.2 Long-term rental – Rental of real estate for ten years or more. The huur gaat voor koop rule applies for the first ten years of the long-term lease and no longer. The tenant is also protected on the basis of the acquisition of a real right during the occupation of the property; 3.3 Registered long-term lease agreement4 – Rental of real estate for a period of ten years or more and registered at the documents office. These leases are imposed on any new owner of the property as a real burden, whether or not the new purchaser has knowledge of the lease. ______ __________________ Leases generally include exclusion clauses whose purpose is to exclude certain rights or liabilities that are normally in the hands of the contracting parties.
A typical example of such an exclusion clause would be for the parties to agree that a tenant has no claim (including a right to cancellation of rent and/or loss of profit) against a lessor, including due to force majeure. By protecting the tenant`s interests, the CPA effectively exceeds other laws such as the Rental Housing Act8. . . .