This depends on whether the lease is a fixed-term lease or a periodic lease. In brief, a fixed-term lease agreement is a lease agreement in which the term of the lease is fixed (Eg: June to December) and a periodic lease agreement is one that runs from month-to-month (sometimes it is even called a month-to-month lease agreement.

If the lease agreement is a fixed-term lease agreement, then section 14 of the Consumer Protection Act provides that in order to terminate a fixed-term lease agreement you need to give the tenant 20 business days to fix the breach of the lease agreement and should they fail to fix the breach, then you can terminate the lease by giving reasonable notice.

If the lease agreement is a periodic lease, then you are required to give a full calendar month’s notice (Eg: the whole of June, if the notice is sent during May). This termination does not need the tenant to be in breach of the lease agreement and is often called a “no-fault” termination.

We do caution that the lease agreement might require you to give a different notice period and hence it is recommended that you have an attorney consider the lease agreement and give you advice.

The above should not be accepted as legal advice, and you are advised to seek legal advice.


Bruce Barkhuizen

Bruce Barkhuizen is an attorney and notary in the dispute resolution department of Bruno Simão Attorneys and has experience in property law, eviction law, commercial law, contract law, criminal law and company law.

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