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CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1264
Experience:  BCom; LLB; Masters in Law
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I would like to cancel my lease, what are the costs to me as

Customer Question

I would like to cancel my lease, what are the costs to me as a lessee
JA: Thanks. Can you give me any more details about your issue?
Customer: I have been leasing an apartment, the contract allows for 20 days notice, the agent informs me that this constitutes breach of I give notice and that all agents commission for the remaining 10 months of the 12 months lease would be due and payable
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Submitted: 6 months ago.
Category: South Africa Law
Expert:  CaseLaw replied 6 months ago.
Hi there and thank you for your question,I will try to assist you with your legal question but please feel free to ask as many follow up questions as you like until you are 100% satisfied.In terms of the Consumer Protection Act you are entitled to give your landlord 20 business days' notice to cancel any lease agreement - for whatever reason you want. The landlord can't challenge your reason, BUT the landlord can charge you a reasonable cancellation penalty as a result.There is currently no case law on what a reasonable cancellation penalty is - so we are guided at the moment by what parties have settled on.Presently a reasonable cancellation penalty is 2 months rental plus any direct charges that the landlord needs to incur. e.g. water, electricity, commission claims.So to answer your question, the landlord would be entitled to claim the agents commission from you. There is however a limitation on this. If you pay the agents commission for the remaining 10 months and then the landlord manages to rent out the apartment 4 months later, then the agent must pay back the difference of 6 months. The agent can't get commission twice for any month.Does that make sense?If my answer hasn't answered all of your questions, please send me a REPLY with follow up questions so that I can continue to assist you in this same thread for as long as you need. Let me know if you need more advice - dont just rate my answer as "bad".If my are HAPPY with my answer then please click one of the STAR ratings or the SMILEY FACES to rate my answer! Good luck and best regards,CaseLaw
Customer: replied 6 months ago.
Hi there
You mention that the landlord can claim two months rental plus additional costs such as commissions.
You then answered by saying he can claim agents commission, only this or the two months rental in addition
Expert:  CaseLaw replied 6 months ago.
He can claim two months rental.He can also claim water and electricity charges incurred by you.He can also claim all agents commissions, BUT if he rents the place out again then some of that agents commission must be refunded to you.Finally, if he rents out the apartment almost immediately, or if you find a new tenant for him that will take over immediately, then you WON'T pay ANYTHING - simply because he has not incurred any damages.
Expert:  CaseLaw replied 6 months ago.
Hi there again,I see that you've read my answer and I hope that you understood the answer and that it was useful? If you have a further question please ask it, or if you need clarity on the answer please let me know.If you're happy that I've answered your question, please leave positive feedback for me.RegardsCaseLaw