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The South African law of lease is an area of the legal system in South Africa which describes the rules applicable to a contract of lease (or letting and hiring, Lat locatio conductio, Afrik huur en verhuring). [1]: 906 This is broadly defined as a synallagmatic contract between two parties, the lessor and the lessee, in terms of which one, the ...
A leasehold estate is an ownership of a temporary right to hold land or property in which a lessee or a tenant has rights of real property by some form of title from a lessor or landlord. [1] Although a tenant does hold rights to real property, a leasehold estate is typically considered personal property. Leasehold is a form of land tenure or ...
For this reason a tenant could legally challenge a landlord asking for a rent increase on October 1 for example, on the grounds they had oral agreements that fixed rent until April 30. [21] However, the lack of written agreements would later be used to justify not providing certain services, which would cause the first rent strikes of this period.
Some lease agreements require the tenant to complete such a certificate or to waive their responses by allowing the landlord to complete the estoppel certificate under certain circumstances. [ 7 ] If the language in the lease so provides, a tenant can be in default under a lease after failing to comply with a request from the landlord for an ...
If a landlord promises a tenant that he will not exercise his right to terminate a lease, and relying upon that promise the tenant spends money improving the premises, the doctrine of promissory estoppel may prevent the landlord from exercising a right to terminate, even though his promise might not otherwise have been legally binding as a ...
The lessor’s tacit hypothec, also known as the landlord’s hypothec, arises out of the relationship between a lessor and a lessee. Its purpose is to secure the lessee’s obligation to pay the rent stipulated in the lease agreement, and it is triggered (by operation of law) as soon as the rent is in arrears.
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