advice needed on lease agreement

Discussion in 'The Sump' started by leslie hempel, 13 Jul 2010.

  1. leslie hempel

    leslie hempel Moderator MASA Contributor

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    Guys I have a problem and i need advice

    My landlord has furnished me with a new lease as our last one has expired, it’s a month to month lease as before but they have had their property on the market since just after we moved in.
    my questions are as follows
    How can a month to month lease expire? My last one was signed in Feb 2009 its now July 2010
    Hes wanting a notice period of 2 months to be given, is this not a way of ensureing he gets another months rent as most places will want you to take occupation of the new place at the end of the first month (and we dident have to pay a deposit to our current landlord)
    He has been pretty fair on the rent only putting it up in January by R150pm (due to the eskom price hike) and its water and lights inclusive with the stipulation that it be used sparingly.. he is aware of our current consumption as we have discussed this in the past and i have put an extra R150 towards the rent in the past because of this..
    Should i not be asking for a 12 month lease with a 1 month notice period?
     
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  3. AndrévN

    AndrévN

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    It is a question of choice, im a landlord and i have some month to month contracts and some 5yrs and some yearlies. So it is my own choice how i want it. Futhermore you said he had the property in the market, it would be obvious then that he would give you a month to month contract as he would be liable to give you an alternative place when he does sell the house and that is complicated price wise. Then regarding the 2 months notice you can ask him to make it a month to month basis as well seeing that the contract is only monthly and doesnt make sence to give a two months notice period as you would be signing the new lease basically for the next month LOL BUT this works both ways, but i wouldnt accept a two month notice on a monthly basis contract. Just my 2cents.
     
  4. AndrévN

    AndrévN

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  5. leslie hempel

    leslie hempel Thread Starter Moderator MASA Contributor

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    the fact that we moved in in feb and he put the place on the market the following month really made me mad.. they want too much for the place (3.2mil) but i cant settle.. they told my mother in law (their hardresser) that the place is off of the market but have yet to notify us (the tennants). so from a stability point of view i want a 12 month lease..

    i see where you are coming from though.. and thanks for the response.
     
  6. leslie hempel

    leslie hempel Thread Starter Moderator MASA Contributor

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    thanks posted before i saw your second response..
     
  7. jacquesb

    jacquesb Retired Moderator

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    Hi Leslie - been there and done that.

    I studied this, previously, being a lessee.....

    It is customary in Cape Town, to have a month and a halve deposit, and 2 months' worth of notice.

    That said - a lease is a contract, like an other contract. So - contract breach is a clear cut case, whether from the lessor's side, or lessee's side....

    If your contract states a 2 month notice, this is valid for both yourself, as well as for the lessor. So - either yourself, or the lessor (land-lord) can give 2 months notice....

    Whether the contract is valid for a month, or a year. The same is valid. The wording in the contract states what both you and the lessor agree to.

    So - IF you have co-signed a contract, stating that you agree to a 2 month notice period - this is a valid agreement.

    IF you can convince the land-lord to sign a 12 month contract - then so be it! Great on you.

    BUT, if the landlord (lessor) wants to sell the property, this would not be a valid option......

     
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  8. leslie hempel

    leslie hempel Thread Starter Moderator MASA Contributor

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    thanks jaques for the input..
     
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