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Can either the tenant or landlord cancel the lease without notice?

The Consumer Protection Act (CPA) allows a residential landlord to cancel a lease agreement 20 business days after giving written notice to the tenant of the tenant’s failure to comply with the agreement, unless the tenant has rectified the breach in the interim. This means that a landlord can only ask the tenant to vacate the premises or start the eviction process after notice of cancellation has been given and 20 business days (one calendar month) have passed.

Under the current lockdown regulations, no one may not be evicted from their home for the duration of the national state of disaster, unless a court order authorising the eviction has been granted by a competent court.

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Simon Dippenaar | SD Law Cape Town

http://www.sdlaw.co.za

Cape Town attorney Simon Dippenaar has a BBusSc LLB degree and Professional Diploma in Legal Practice from the University of Cape Town, and is an admitted attorney of the High Court of South Africa. He is the founder and director of private legal practice, Simon Dippenaar & Associates, with offices in Cape Town and Gauteng representing South African and international clients.

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The information on this website is provided to assist the reader with a general understanding of the law. While we believe the information to be factually accurate, and have taken care in our preparation of these pages, these articles cannot and do not take individual circumstances into account and are not a substitute for personal legal advice. If you have a legal matter that concerns you, please consult a qualified attorney. Simon Dippenaar & Associates takes no responsibility for any action you may take as a result of reading the information contained herein (or the consequences thereof), in the absence of professional legal advice.