The Form To Terminate Lease Agreement is an essential legal document used in South African property law when either party wishes to end a lease arrangement. It is designed to comply with the Rental Housing Act 50 of 1999, the Consumer Protection Act 68 of 2008, and the Prevention of Illegal Eviction Act, making it suitable for both residential and commercial properties. This document should be used when either party wishes to terminate a lease, whether at the end of its natural term or through early termination by mutual agreement. It includes crucial elements such as termination dates, property inspection arrangements, security deposit handling, and settlement of outstanding amounts. The form serves as a crucial legal record protecting both landlords' and tenants' rights under South African law while providing a clear framework for the termination process.
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1. Parties: Full details of the Landlord and Tenant, including legal names, identity numbers, and contact information
2. Background: Reference to the original lease agreement, its date, and the property address
3. Definitions: Key terms used in the agreement including 'Termination Date', 'Property', 'Original Lease', etc.
4. Termination Date: Clear statement of when the lease will terminate and when the property must be vacated
5. Notice Period Confirmation: Confirmation that the required notice period has been given in accordance with the original lease and applicable law
6. Property Inspection: Arrangements for final inspection of the property before handover
7. Security Deposit: Process and timeline for the return of the security deposit, subject to property inspection
8. Outstanding Amounts: Statement regarding settlement of any outstanding rent, utilities, or other charges
9. Keys and Access Devices: Requirement to return all keys, access cards, and remote controls
10. Signatures: Space for both parties to sign and date the agreement
1. Mutual Early Termination: Used when both parties agree to terminate before the original end date, including any agreed penalties or compensation
2. Breach and Remedies: Required when termination is due to breach by either party, detailing the nature of breach and consequences
3. Forwarding Address: Section for tenant to provide their new address for future correspondence and deposit return
4. Abandonment of Property: Procedures for dealing with any belongings left behind by the tenant
5. Utilities Transfer: Instructions for transferring or terminating utility accounts
6. Maintenance Issues: List of any outstanding maintenance issues to be resolved before termination
1. Schedule A - Property Condition Report: Detailed inspection report documenting the condition of the property at termination
2. Schedule B - Outstanding Amounts Calculation: Detailed breakdown of any outstanding rent, utilities, or other charges
3. Schedule C - Security Deposit Deductions: Itemized list of any deductions from the security deposit
4. Appendix 1 - Photographic Evidence: Photos documenting the property condition at termination
5. Appendix 2 - Utility Account Statements: Final statements for all utility accounts
Relevant legal definitions
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Residential Property
Commercial Property
Retail
Industrial
Property Management
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Housing
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Relevant Teams
Legal
Property Management
Real Estate
Facilities
Operations
Administration
Compliance
Tenant Relations
Asset Management
Document Control
Relevant Roles
Property Manager
Legal Counsel
Real Estate Agent
Facilities Manager
Property Administrator
Leasing Manager
Housing Officer
Property Lawyer
Estate Agent
Tenant Relations Manager
Building Manager
Portfolio Manager
Compliance Officer
Housing Administrator
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