Renewing the lease agreement

Determining whether to renew the lease with your tenant

The Landlords obligations in terms of the CPA (Consumer Protection Act)

You are required to notify the tenant in writing not more than 80 days, nor less than 40 business days before the end of the lease of its impending expiry date.  If you do not wish to continue or renew the lease, you must intentionally notify the tenant of this and invite them to an exit inspection within 3 days of the expiry of the lease.

Should you wish for the lease to continue, you must invite them to renew the lease and then include in the above notice any material changes. Such changes may include an increase in rent and deposit, or any other changes to the lease that would apply if the agreement is renewed. In addition, changes may include advising the tenant of the options available to him to either accept the renewal for another fixed period, cancel the agreement without penalty on the expiry date, or continue on a month-to-month basis, subject to your material changes.

If neither the tenant nor the landlord has directly expressed the intent to renew or terminate the lease by the expiry date, the lease will automatically continue on a month-to-month basis until such time that the tenant or landlord expressly direct the termination or renewal of  the agreement OR the tenant has agreed to the renewal of the lease for a further fixed term.

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