The South African government has put in place a standard agreement that can be used for fixed-term and periodic leases In both cases, the court must be satisfied that an intervention decision is in effect against a person residing on the premises to protect the applicant or a national employee of the applicant. In the absence of an intervention decision, the court may terminate or replace a lease if it has assured that a person residing in the residential areas has committed domestic abuse against the applicant or a national employee of the applicant. The tenant is not responsible for damage caused by an actual accident or normal wear and tear; nor are they liable for damage caused unintentionally by the use of a domestic appliance subject to instruction for which the lessor has not given instructions (ss 69 (3a), 48 (2)). Under the Residential Tenancies Act 1995 (SA), regardless of the type of lease, the lessor must bear the costs of preparation [see 50]. At the time of signing the lease agreement, the lessor must give a copy to the lessee and, if the lessor has not signed the contract by that date, provide the lessee with a duly executed copy within 21 days of signing or as soon as possible after that date [see 49 (6)]. A tenant may apply to SACAT to terminate a temporary lease or periodic lease if the lessor has committed a serious breach of contract [see 88]. Note that as a general rule, a fee is levied unless you apply for an exemption (for concession card holders and full-time students) or a waiver (due to financial difficulties). A lessor may terminate a periodic rental agreement in which there is no infringement without justification. At least 90 days in advance (using Form 3) must be terminated in advance (Residential Tenancies Act 1995 (SA) ss 83 (1), (3)). This is not the case for a temporary rental agreement or a housing improvement building subject to a housing improvement notification. Periodic lease agreements (234.7 KB PDF) do not have a date on which the lease ends.
They last until either the tenant or the lessor announces in writing the termination of the lease. If the property in question is not perishable but of low value, the lessor may, on the expiry of at least two days from the recovery of ownership of the premises, remove the property from the premises and destroy or dispose of it. For the property to fall into this category, the value of the property must be less than a reasonable estimate of the cost of removing, storing and selling the property (see 97B (3)). These procedures only apply to real estate abandoned after the end of a residential lease agreement. In other situations, persons with unsold goods must follow a procedure set out in the Property Act 1987 (SA) of the Unclaimed Goods Act. .