CANCEL LEASE EARLY
L EGAL O PTIONS C ONSUMER G UIDE
Hugh Pollard
info@LegalAdviceOffice.co.za
INTRODUCTION
The Legal Options Consumer Guide will assist you in navigating the dangerous legal
grounds with the help of an experienced legal advisor. If you need to cancel your
lease early and the landlord doesn’t want to negotiate, you need legal advice.
By reading this guide, you can make informed, intelligent decisions. We have
dedicated our business to educating consumers. We’ll be happy to answer any
questions you might have - I need legal advice.
NEED TO CANCEL YOUR LEASE EARLY?
Relocation
Are you worried because you’ve been transferred or simply need to relocate, but you
signed a long-term lease? You’ve been transferred to another branch of your
company. You are wondering:
Am I entitled to cancel my lease agreement?
Can I give early notice of termination?
How much notice do I need to give, and how do I go about this process?
Cannot afford the lease anymore
You signed a fixed-term lease. Circumstances changed, and you are in trouble…
Your buddy moved out
You are getting divorced, and your partner moved out
You are going through a bad breakup
You lost your job
You simply cannot afford to pay the rent. It is just too expensive!
CONSUMER PROTECTION ACT
You have the right to give early notice of termination and cancel your
lease
According to the CPA, some tenants have the RIGHT to give early notice of
termination and to cancel their leases. If they qualify to do so and do so while
fulfilling ALL the legal cancellation criteria. This is “an early termination of lease”.
Page 1 of 3
It is not a “breach of contract”. It is a formal legal process, and the lease must be
signed by a natural person, i.e. an ordinary human being.
Cancellation penalty
An early cancellation penalty may be applicable if you give early notice of
termination, but this NOT always the case. It may include an admin fee and may
consist of some financial relief for the landlord occasioned by the early notice of
termination. There are no clear guidelines on what amounts to an early termination
penalty and should not be agreed in advance. It will vary according to the facts from
case to case.
Do not panic. Get professional legal advice to save costly mistakes.
WHAT SHOULD I DO?
How to request the early termination and cancellation of your lease
If the CPA is applicable and you qualify; you can always give early notice of
termination and cancel a fixed term agreement/contract. You must provide 20
business days’ written notice to your landlord. It’s about 30 calendar days.
Get help with the legal process. It will be well worth the cost involved. Have this
ready to start your case:
Landlords current contact details, or
Current contact details of the agent, and
A copy of the signed lease, and
An email instruction to start the lease cancellation procedure if you need our
legal assistance
Lease cancellation, the legal way
The legal consultant will investigate the case by going through these steps:
Study the lease agreement
Determine if any Act or CPA is applicable
Follow the formal legal process to make an early termination legal and
enforceable
Make sure the notice complies to the Act
Negotiate the terms of exit and penalties, if needs be
Page 2 of 3
CONTACT US
Both landlords and tenants must be aware of their legal rights. Know your legal
rights.
Hugh Pollard is a Legal Consultant with a BA LLB. He has 41 years’ legal experience
in the legal field.
Call Hugh now for legal advice
Hugh – 0820932304
Or email him at info@legaladviceoffice.co.za
Page 3 of 3
