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CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1558
Experience:  BCom; LLB; Masters in Law
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If i terminated my lease agreement due to material breach of

Customer Question

If i terminated my lease agreement due to material breach of contract by the landlord and/or his agent proxy. Am i still obliged to attend an exit inspection and accept responsibility for any damage to the property or is the landlord obliged to simply refund my deposit as there is no longer any contract/relationship between us.
Will the rental housing act 50 of 1999 still apply to this situation or does the uncorrected breach of contract nullify all potential claims against me as tenant?
Submitted: 9 months ago.
Category: South Africa Law
Expert:  CaseLaw replied 9 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.

Yes, you are obliged to hold an exit inspection of the property, and you will still be liable (under the common law) for any damages that the property has sustained as a result of your actions.

The uncorrected breach simply allows you to cancel the agreement. Any potential claims will continue to exist.

It is NOT as if the lease becomes null and void.

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".

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Good luck and best regards,


Expert:  CaseLaw replied 9 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.

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