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Residential Tenancy Termination for South Africa

Residential Tenancy Termination Template for South Africa

A formal legal document used in South Africa for terminating residential lease agreements, compliant with the Rental Housing Act 50 of 1999, Consumer Protection Act 68 of 2008, and the Prevention of Illegal Eviction Act. This document provides a structured framework for ending a residential tenancy agreement, including essential details such as notice periods, property handover requirements, and settlement terms. It ensures compliance with South African housing laws while protecting the rights of both landlords and tenants during the termination process.

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Residential Tenancy Termination

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What is a Residential Tenancy Termination?

The Residential Tenancy Termination notice is a crucial document in South African property law, designed to formally end a residential lease agreement in compliance with local legislation. This document is essential when either a landlord or tenant wishes to terminate a lease, whether at the end of a fixed term, during a periodic tenancy, or due to breach of contract. It must comply with the Rental Housing Act, Consumer Protection Act, and Prevention of Illegal Eviction Act, including specific notice periods and procedural requirements. The document includes vital information such as property details, termination date, reasons for termination, and handover requirements, while ensuring proper documentation for potential legal proceedings or dispute resolution.

What sections should be included in a Residential Tenancy Termination?

1. Sender Details: Full name, contact details and address of the party sending the termination notice

2. Recipient Details: Full name, contact details and address of the party receiving the termination notice

3. Property Details: Complete description and address of the rental property

4. Lease Reference: Details of the original lease agreement including date of commencement

5. Notice of Termination: Clear statement of intention to terminate the lease, citing relevant legal provisions

6. Termination Date: Specific date when the lease will terminate, ensuring compliance with notice periods required by law

7. Reason for Termination: Statement of the grounds for termination if applicable

8. Handover Requirements: Specifications for property inspection, key return, and condition requirements

9. Signature Block: Space for date and signature of the terminating party

What sections are optional to include in a Residential Tenancy Termination?

1. Breach Details: To be included when termination is due to breach of lease terms, detailing specific violations

2. Remedial Actions: If termination is due to breach, list of actions that could remedy the breach and prevent termination

3. Settlement of Accounts: Details of outstanding rent, utilities, or other charges to be settled

4. Security Deposit: Information about the return or withholding of security deposit

5. Legal Consequences: To be included when there are specific legal implications or threats of legal action

6. Forwarding Address: Section for tenant to provide forwarding address for deposit return and correspondence

What schedules should be included in a Residential Tenancy Termination?

1. Schedule A - Property Inspection Report: Current condition report of the property to be completed during final inspection

2. Schedule B - Outstanding Payments: Detailed list of any outstanding rent, utilities, or other charges

3. Schedule C - Photographic Evidence: If relevant, photographs documenting property condition or breach evidence

4. Schedule D - Breach History: If termination is due to repeated breaches, documentation of previous notices and communications

5. Schedule E - Utility Account Details: Information for final utility readings and account settlements

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

South Africa

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions



















Clauses

















Relevant Industries

Real Estate

Property Management

Residential Housing

Legal Services

Property Development

Rental Market

Property Investment

Relevant Teams

Legal

Property Management

Operations

Compliance

Tenant Relations

Administrative Services

Real Estate Operations

Housing Administration

Lease Administration

Document Control

Relevant Roles

Property Manager

Real Estate Agent

Legal Counsel

Housing Administrator

Lease Administrator

Compliance Officer

Rental Portfolio Manager

Property Operations Manager

Tenant Relations Manager

Real Estate Attorney

Housing Officer

Property Services Coordinator

Industries





Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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