Please help with a residence lease contract expiry issue!

BloodBurner9000

Well-Known Member
Joined
Apr 26, 2012
Messages
111
Please help with another residence lease contract expiry issue!

So here is the situation:
- we're currently tenants with a lease expiring 31 January (which we knew)
- we were intent on renewing, we asked 5th of January
- the landlord came back yesterday (the 9th), saying unfortunately the contract will not be renewed for a full year, but rather only be extended by one month to suit the landlord's mom is taking up residence 1st of March
- off course, as soon as we heard that the lease won't be renewed we started looking for a place.



The lease contract states:
RENTAL PERIOD
  1. The rental period begins on the _1 st day of February___2016___________

    and expires at midnight on the ___31st__day of_January____2017___________

    (the “expiry date”) and will thereafter continue on a month to month basis till one party gives written notice of termination of the contract to the other party. Such notice will be no less than 2 (TWO) calendar months.
  2. On the date of expiry, the TENANT should vacate the PREMISES no later than 14h00 and all the
    keys of the PREMISES should be handed to the LANDLORD or the AGENCY.
  3. Should the TENANT be interested to extend the period of this lease agreement, such extension of the lease agreement with the LANDLORD must be through the agency.
  4. Should the TENANT not agree with the agency in writing for the extension of the lease agreement at least 60 days prior to the expiry date, the agency can proceed to advertise the Premises in terms of paragraph 13 below.
  5. The LANDLORD undertakes to inform the TENANT in writing, not more than 80 and not less than 40 days before the expiry date of the lease, of the impending expiry date, including a notice of any material changes that would apply if the lease is to be renewed.
When no-one renews, the contract falls back to month to month. The notice period to end contract is 2 calendar months (meaning FULL calendar months) - thus, the landlord should have notified us in December, if terminating 28 Feb, and then already we would have had the opportunity to search for a new place to stay at.

Today we found a place to move into - yet to sign - to take occupation 1st of February, thus we have vacate current premises 31 January (as per contract). This is in conflict with the landlord's desires that we only move out 28 February. Can we be held liable for damages due to no rent received for February (which is about to happen)?
 
Last edited:

ToxicBunny

Oi! Leave me out of this...
Joined
Apr 8, 2006
Messages
98,760
Please help with another residence lease contract expiry issue!

So here is the situation:
- we're currently tenants with a lease expiring 31 January (which we knew)
- we were intent on renewing, we asked 5th of January
- the landlord came back yesterday (the 9th), saying unfortunately the contract will not be renewed for a full year, but rather only be extended by one month to suit the landlord's mom is taking up residence 1st of March
- off course, as soon as we heard that the lease won't be renewed we stared looking for a place.



The lease contract states:

When no-one renews, the contract falls back to month to month. The notice period to end contract is 2 calendar months (meaning FULL calendar months) - thus, the landlord should have notified us in December, if terminating 28 Feb, and then already we would have had the opportunity to search for a new place to stay at.

Today we found a place to move into - yet to sign - to take occupation 1st of February, thus we have vacate current premises 31 January (as per contract). This is in conflict with the landlord's desires that we only move out 28 February. Can we be held liable for damages due to no rent received for February (which is about to happen)?

It could get messy, but he breached his own contract by only giving you notice after the 31st of December, and even then the notice wasn't official.
 

pinball wizard

Honorary Master
Joined
Feb 9, 2010
Messages
27,958
Oh, for crap sakes. You entered into a discussion with the landlord in good faith, he explained the situation and gave you the best part of two month's notice that you were happy with, just find a place that suits the end of Feb times that you and he agreed upon. Why the **** do people always do this kind of ****?
 

shooter69

Expert Member
Joined
Jun 4, 2012
Messages
2,960
Oh, for crap sakes. You entered into a discussion with the landlord in good faith, he explained the situation and gave you the best part of two month's notice that you were happy with, just find a place that suits the end of Feb times that you and he agreed upon. Why the **** do people always do this kind of ****?

-100
 

ToxicBunny

Oi! Leave me out of this...
Joined
Apr 8, 2006
Messages
98,760
Oh, for crap sakes. You entered into a discussion with the landlord in good faith, he explained the situation and gave you the best part of two month's notice that you were happy with, just find a place that suits the end of Feb times that you and he agreed upon. Why the **** do people always do this kind of ****?

But the contract states no less than 2 months.... so the landlord breached his own contract.
 

pinball wizard

Honorary Master
Joined
Feb 9, 2010
Messages
27,958
But the contract states no less than 2 months.... so the landlord breached his own contract.

Yeah, yeah, I get that. The OP points out that he had a discussion with the landlord, and they agreed on terms. Seems silly to me to instantly try and shaft the guy. I know y'all gonna hate me for it, but it seems so much simpler to just get along.

What I mean is the OP would be much better off in terms of stress levels and good will if he just discusses all the ins and outs with the landlord, instead of going straight for the antagonistic approach. Again, my two cents based on being on both sides of this in the past.
 
Last edited:

shooter69

Expert Member
Joined
Jun 4, 2012
Messages
2,960
Yeah, yeah, I get that. The OP points out that he had a discussion with the landlord, and they agreed on terms. Seems silly to me to instantly try and shaft the guy. I know y'all gonna hate me for it, but it seems so much simpler to just get along.

I think the landlord should have been more accommodating since he is ending the contract. Finding a place to rent is not as easy as finding people to rent. Well in this case his mom is moving in.

And if you live in cape town you have an even harder time to find a place to rent.
 

BloodBurner9000

Well-Known Member
Joined
Apr 26, 2012
Messages
111
Oh, for crap sakes. You entered into a discussion with the landlord in good faith, he explained the situation and gave you the best part of two month's notice that you were happy with, just find a place that suits the end of Feb times that you and he agreed upon. Why the **** do people always do this kind of ****?

Because, pinball, if you take as much time reading as you do responding you'll see that that in fact, we agreed upon 31 January (as per contract). I haven't mentioned this, but at the inception of the lease, right after we signed and right before we moved in, the owner modified the structure. So what we signed for and what we got was different. Also, the landlord also altered the monthly rental between us viewing and signing. We negotiated for a zero increase should we renew, and this was also signed in to the contract. So on two cases we met the landlord halfway.

I know we can have a longer timeframe to search for a suitable residence, but we found it now, and there is no surety that we'll find another - fitting the same criteria - before 1 March. We have to jump at this opportunity, now.
 

BloodBurner9000

Well-Known Member
Joined
Apr 26, 2012
Messages
111
I have not yet discussed anything regarding termination of lease at the end of this month. I have only received a written dismissive reply to my question
may we renew the lease?
 
Last edited:

Stefanmuller

Expert Member
Joined
Mar 12, 2008
Messages
2,912
I would say that you can vacate end of Jan so that you can move into your new place. He has to take the lost rent for Feb because you are not in the position to make up for it by organising new tenants for Feb because of him already having organised his mom to be living there from March.

Rather try amd explain the situation and come to some sort of agreement. I understand that you are also in a position where you will lose the new place and maybe not find a suitable replacement in time. He should have notified you earlier of his intention to lease the place to someone else from March.
 

pinball wizard

Honorary Master
Joined
Feb 9, 2010
Messages
27,958
Because, pinball, if you take as much time reading as you do responding you'll see that that in fact, we agreed upon 31 January (as per contract).

You agreed to do what on the 31st?

Please help with another residence lease contract expiry issue!

So here is the situation:
- we're currently tenants with a lease expiring 31 January (which we knew)
- we were intent on renewing, we asked 5th of January
- the landlord came back yesterday (the 9th), saying unfortunately the contract will not be renewed for a full year, but rather only be extended by one month to suit the landlord's mom is taking up residence 1st of March
- off course, as soon as we heard that the lease won't be renewed we started looking for a place.

I know I'm not very bright but I don't see an agreement for anything to happen on that date other than the lease to expire. What I do see is that you and the landlord agreed on a month extension to the end of Feb. Edit: I see according to you, this point was not agreed, but simply handed to you in response to a written request.

My suggestion stands. Speak to the guy. Don't write letters. Actually use your words. People are basically nice.
 

crackersa

Honorary Master
Joined
May 31, 2011
Messages
29,031
Yeah, yeah, I get that. The OP points out that he had a discussion with the landlord, and they agreed on terms. Seems silly to me to instantly try and shaft the guy. I know y'all gonna hate me for it, but it seems so much simpler to just get along.

What I mean is the OP would be much better off in terms of stress levels and good will if he just discusses all the ins and outs with the landlord, instead of going straight for the antagonistic approach. Again, my two cents based on being on both sides of this in the past.
How is he shafting the guy? He found a place he likes now and the lease ends on 31 Jan. He may not find a suitable place at the end of Feb.
 

BloodBurner9000

Well-Known Member
Joined
Apr 26, 2012
Messages
111
No, just a proposal from the landlord to extend to end of Feb. No agreement - this is the crux of my post; are we forced to agree?
 

F1 Fan

Executive Member
Joined
Nov 8, 2010
Messages
5,119
You agreed to do what on the 31st?



I know I'm not very bright but I don't see an agreement for anything to happen on that date other than the lease to expire. What I do see is that you and the landlord agreed on a month extension to the end of Feb. Edit: I see according to you, this point was not agreed, but simply handed to you in response to a written request.

My suggestion stands. Speak to the guy. Don't write letters. Actually use your words. People are basically nice.

From what it sounds like, OP is planning on speaking to the guy, he just wants to get his facts in order before approaching the landlord in case it turns ugly?
 

BloodBurner9000

Well-Known Member
Joined
Apr 26, 2012
Messages
111
As toxic said, it can get messy. I simply prefer to not leave burning bridges behind me. I'd talk to the guy sooner rather than later and not simply pack up and go.

I'll do that in any case. Perhaps landlord's mom may move in sooner. I want to know what I can and cannot do.
 

ToxicBunny

Oi! Leave me out of this...
Joined
Apr 8, 2006
Messages
98,760
I'll do that in any case. Perhaps landlord's mom may move in sooner. I want to know what I can and cannot do.

Ultimately, given that the mom is moving in may be a saving grace for you.

Talk to him, and tell him that since you can't extend for a year you started hunting a found a place with occupation 1st Feb. You want to take it, and want to leave him in a position where he doesn't have complications for his mom moving in etc etc...

Be reasonable, and he might be reasonable back. If not, then as it stands now you have a legally binding lease until 31st of March if you want to get snotty...
 
Top