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Month To Month Tenancy Termination Template for South Africa

A formal notice document used in South Africa to terminate a month-to-month tenancy agreement, complying with the requirements of the Rental Housing Act 50 of 1999 and related legislation. This document provides a clear statement of intention to end the tenancy, specifies the notice period, and includes essential details such as property identification, effective termination date, and relevant party information. It ensures legal compliance while protecting both landlord and tenant rights under South African law, including provisions for property inspection and deposit return procedures.

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What is a Month To Month Tenancy Termination?

The Month To Month Tenancy Termination document is a crucial legal instrument in South African property law, designed for use when either a landlord or tenant wishes to end a periodic rental agreement. It is commonly used when a fixed-term lease has expired and converted to a month-to-month arrangement, or when the original agreement was established on a monthly basis. This document must comply with the Rental Housing Act 50 of 1999, the Consumer Protection Act, and the Prevention of Illegal Eviction Act (PIE), ensuring proper notice periods are given and both parties' rights are protected. The notice typically requires a calendar month's notice period and should include specific details about the property, parties involved, and termination dates. It serves as official documentation of the intention to end the tenancy and can be critical in potential future disputes.

What sections should be included in a Month To Month Tenancy Termination?

1. Sender Details: Full name, contact information, and address of the party giving notice

2. Recipient Details: Full name and address of the other party (landlord/tenant)

3. Property Identification: Clear description and full address of the rental property

4. Date: Current date and the effective date of the notice

5. Notice Declaration: Clear statement of intention to terminate the month-to-month tenancy

6. Notice Period: Specification of the notice period (typically calendar month in SA) and the final date of tenancy

7. Legal Compliance Statement: Reference to relevant sections of the Rental Housing Act and confirmation of compliance

8. Signature Block: Space for signature, name, and date of signing

What sections are optional to include in a Month To Month Tenancy Termination?

1. Reason for Termination: Optional explanation of why the tenancy is being terminated - include if maintaining good relations is important or if required by the original agreement

2. Deposit Return Request: Request for return of security deposit, including preferred method of refund - include if applicable

3. Inspection Arrangements: Proposed dates and times for final property inspection - include if wanting to proactively arrange this

4. Forwarding Address: New address for future correspondence - include if moving to a new location

5. Outstanding Matters: Discussion of any unresolved issues, maintenance requirements, or payment reconciliations - include if applicable

What schedules should be included in a Month To Month Tenancy Termination?

1. Original Lease Agreement: Copy of the original lease agreement showing the month-to-month terms

2. Proof of Delivery: Documentation showing how and when the notice was delivered (e.g., registered mail receipt, email delivery receipt)

3. Property Inspection Report: Current condition report or photographs, if claiming deposit or addressing maintenance issues

4. Payment Records: Documentation of rent payments and deposit payment if relevant to the termination

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

South Africa

Cost

Free to use

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