Cpa Lease Agreements

If the tenant significantly violates the rental agreement, the lessor may terminate the lessor with a period of 20 working days against the tenant, unless the tenant terminates the offense within this period. Please note that any agreement between a lessor and a tenant to shorten the period by 20 working days is not valid, as this amounts to taking away a right from a consumer that cannot be withdrawn in accordance with section 51 of the CPA (see below). Within the meaning of Article 4 (4) of the CPA, a lease agreement prepared by a lessor must be interpreted in favour of the tenant if it is drafted in an ambiguous manner or that appears to infringe a tenant`s rights under the CPA. This makes it absolutely essential for owners to know what their rights and obligations are under the CPA. See our warning for landlords below, where we warn them about the dangers of using “standard rental agreements” uploaded from the Internet. If you see in a rental agreement presented to you by a lessor a clause stating either that “the rule of contra-proferentum does not apply” or that “the interpretative rule according to which a contract must be interpreted against the party who drafted it is not valid or effective under Article 4 (4) of the CPA. Hello, I recently terminated my lease because the place had faulty electricity (I only lived here for 2 months). I am now charged 3 months of rental, brokerage commission for 12 months, advertising fees for new tenants, taxes for 12 months. Is it legal? Under Article 14 of the CPA, landlords also have an obligation to inform tenants of the expiry of a residential real estate lease agreement (“the expiry notification”). You must do this at least 40 working days, but not more than 80 working days, before the expiry of fixed-term leases (which must not exceed 24 months, unless there is a demonstrable financial benefit to the tenant) and the expiry notification also informs tenants of the amended terms of the new lease agreement. That is to say, the housing rental contract that comes into force at the end of the term.

With the entry into force of the new Consumer Protection Act No. 68 of 2008 (CPA), significant changes will be made to real estate rental contracts. For ordinary persons in particular, the amendments concern the maximum duration of a rental agreement and grant the parties certain termination rights. The Consumer Protection Act (CPA) does NOT apply to all leases (or leases). This is really important to know, because the Consumer Protection Act has a great influence on the rental agreement and significantly changes the legal situation between the landlord and the tenant. If you are a landlord, you do not want to grant a tenant all the rights provided for by the Consumer Protection Act if you do not have to do so legally. The owners are in a difficult position as it is. Currently, the law is very favorable to tenants and not to owners. Anyone who has recently tried to scare a tenant away from our dishes will know this. Tenants already have a lot of protection.

In accordance with Article 49 of the CPA, any part of a rental agreement in which the owner`s liability is limited, for example: in the case of simple negligence (gross negligence is dealt with within the meaning of Article 51) or which leads to the assumption of a risk or liability by the tenant, or which obliges the tenant to the lessor`s exemption or constitutes factual recognition by the tenant, must be clearly informed – in addition to the simple language – and brought to the attention of the tenant…