If you do not have a printed copy to which it is referred, it will be very difficult to verify the conditions if there are disagreements or misunderstandings about the conditions; Maybe something breaks down in the apartment and each party really believes it`s the other`s responsibility for the repair. Without checking a written document, you may not know who is responsible for what. Does a landlord really have the legal right to make you responsible for paying an annual rent if you have never entered into a rental agreement? It still depends on the situation, but if you have orally agreed to a one-year lease, you cannot leave until the end of the year without risking to pay damages for the lease, as if it were written. If a landlord intentionally has this type of language in the rental agreement with knowledge, it is prohibited, the tenant can claim a fine of $500, damages, legal fees and legal fees. This article examines the differences between monthly to monthly leases and fixed-term leases, as well as the notice period required to terminate contracts. We will apply the provisions of rental Housing Act 50 of 1999 (`RHA`), Consumer Protection Act 86 of 2008 (`CPA`), common law and High Court Decision of Makah v Magic Vending (Pty) Ltd; Ngolo v Magic Vending (Pty) Ltd (A325/2016; A326/2016) [2017] ZAWCHC 142; 2018 (3) SA 241 (WCC) (May 16, 2017). Suppose the owner does not provide a functional heat source in winter. This is contrary to his legal obligation as an owner to create a safe and habitable place of residence. The tenant can move without normal notice. The lessor does not benefit from the protection of the obligation of prior notice if the lessor has broken the lease.

In the spirit of the RHA, a rental contract is made from month to month after the expiry of a tenant`s fixed-term tenancy agreement, the tenant does not plow the premises and/or renews his fixed-term tenancy agreement with the lessor. As a result, an agreement is automatically made from month to month. You can also accept the tenant to have one month in the months of rent in advance, orally or in writing.