On the other hand, a lessor can only terminate a tenant`s rental agreement if the tenant has significantly breached the rental agreement and the tenant has not remedied this infringement after a written notification from the tenant of 20 working days to remedy the infringement. This is critical because despite what the lease says, it terminates the provisions of the lease (or customary law that would have been used if the lease was not reduced to writing or if some important provisions of the lease were accidentally omitted from the written document). Therefore, the CPA only deals with the notice period and not with the early termination period. It is essential to read the rental agreement carefully before signing and to comply with all the provisions relating to early termination in accordance with the CPA. Tenants should remember that while they should be, not all landlords are aware of the early termination provisions and can lead to serious problems at a later stage. Consider renting another property if the landlord refuses to acknowledge that as a tenant, you can advertise and withdraw the necessary 20 business days in advance at each stage of the lease without severe penalties. As a starting point, the tenant can consult the lease to check if there are any early termination provisions. If such a clause does not exist or if the conditions of the clause are not acceptable, the tenant may, if necessary, apply to the provisions of Law 68 of 2008 on Consumer Protection (“CPA”). As regards the claim for payment and, finally, the termination of the rental agreement, regardless of what appears in the lease agreement, it is first necessary to determine whether Section 14 of the CPA applies to the lease agreement. Regardless of what the lease says, laws such as the CPA will surpass any clause if they do not comply with that legislation. However, there may be financial consequences for the tenant, since the landlord may impose a reasonable cancellation fee on the tenant in case of early cancellation. Regulation 5 of the Act provides for guidelines, which implies an “appropriate cancellation penalty”.
Cancellation fees should not be exorbitant, and if the tenant believes that the landlord`s claim is excessive and unfair, they can go to the National Consumer Tribunal or the Rental Housing Tribunal. Tenants can also approach their lawyer, who can approach the landlord taking into account the relevant facts and negotiate appropriate cancellation fees. The Unfair Practices Regulation of the Rental Housing Act provides that a lessor must give the tenant 7 days to remedy the infringement before the termination of the lease, but if the tenant is in arrears in terms of rent and remains late for a period of 7 days after the due date, it is possible to waive the termination. Requiring the tenant to pay the rent for the rest of the rental agreement Does the Consumer Protection Act (“CPA”) apply to the rental agreement? Older rental agreements sometimes require notifications to be sent by post or registered letter, and if necessary, they should be sent in this way, even if it may seem outdated. It is recommended that tenants use a lawyer to take care of it on their behalf and not try to do it themselves. This could lead to complications and the owner or agent denies that the CPA has been fully respected. This measure does not constitute a “breach”. It is best described as an “early termination of the lease.” Since there are so many laws that apply to residential tenancy agreements in all situations, it is often difficult to determine the number of days to be allowed for violations and cancellations. Customary law will always be subordinate to any legislation that has been subsequently adopted to address a particular problem, and any legislation enacted subsequently dealing with the problem in general will normally be subordinate to legislation that has subsequently been adopted to specifically address the problem. .