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Hi, how does your firm work and what fees are you charging for support?
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Customer: lease signed for 24 months, want to exit after 15 months. have given landlord 3 months notice + amount to settle. He doesn't want?
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Customer: I could send copy of the lease agreement but first need to understand how you will chatge me
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Submitted: 1 year ago.Category: South Africa Law
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Answered in 12 minutes by:
5/2/2016
Lawyer: Freddie Lombard, Attorney replied 1 year ago
Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2,718
Experience: Practicing attorney and conveyancer with 16 years post article experience.
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Hi there Thank you for your question. I will try to assist you in answering it today 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 allowed to terminate a fixed term agreement early but you will have to pay a penalty. It does not say what the penalty should be however but it does say that the following should be considered:1. The time remaining in the lease;2. The original term;3. The ease or difficulty of getting a new agreement in place to replace the previous one. On top of this, in terms of the common law a landlord will only be able to claim from the tenant his real damages. He is obliged to try and limit his damages by getting a new tenant. So if he can find one in month two, then he has only suffered one month's damages. If you can find a tenant who is willing to lease on the same terms and conditions you are renting the place currently, then there is no issue whatsoever. If however you simply gave the notice and offered to pay a settlement amount, the only issue will be if the settlement amount is fair and reasonable. Unfortunately since there is no clear guideline as to what is fair and reasonable, only a court will be able to say without doubt if it is fair and reasonable. You have one other option. You can refer the matter to the Rental Housing Tribunal in your area. Simply google to find their contact details and the office closest to you. You do not need legal representation and it will not cost you anything. They can make a decision on the question if the settlement amount is fair and reasonable and if they decide in your favour, then their decision has the same value as that of a magistrates court. I hope this answered your question. I know it will take an extra minute of your time to rate my service, but if you do not rate it, I do not get paid by the website so I would really appreciate it if you would be so kind as to rate my service positively. Feel free to ask further question here on this topic at no extra cost if you need more information. Regards
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Freddie Lombard
Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2,718
2,718 Satisfied Customers
Experience: Practicing attorney and conveyancer with 16 years post article experience.

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