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Property Transfers

Residential & Commercial Leases

A lease should set out clear rights and obligations for both landlord and tenant. Generic templates often leave important gaps.

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Residential leases

A residential lease is generally concluded between a landlord and an individual tenant or family, providing a place to live for a defined or ongoing period. While the Rental Housing Act sets minimum protections, the written agreement still needs to clearly address the deposit, maintenance responsibilities, house rules and the process for renewal, escalation or termination.

Commercial leases

Commercial leases involve a business tenant — whether a sole proprietor, company or close corporation — and are typically longer in duration and more heavily negotiated. Rental is often linked to floor area, may include a turnover component, and usually carries obligations for signage, use restrictions, maintenance responsibility and reinstatement at the end of the lease term.

What a well-drafted lease should cover

  • Rental amount, escalation and payment terms, including deposit and interest on arrears
  • Maintenance and repair responsibilities between landlord and tenant
  • Use restrictions, sub-letting and assignment rights
  • Breach, cancellation and dispute-resolution procedures
  • Renewal options and the process for rent review

How we assist

We draft new lease agreements, review agreements presented by the other party before you sign, and advise on disputes that arise during the lease term, including breach, arrears and cancellation.

0110+ Years ExperienceFocused conveyancing and property-transfer practice
02Direct CommunicationRegular updates as your matter moves through each stage
03All Property TypesResidential, sectional title, commercial and rural transactions
04Connected NetworkTrusted bond originators, property practitioners and municipal contacts

Verbal leases are legally possible but difficult to enforce. A written lease is strongly recommended for both residential and commercial arrangements.

The lease agreement should set out the notice and cancellation process. We can advise on the correct procedure, including compliance with the Rental Housing Act for residential leases.

Yes, this is common in retail leases and should be clearly defined, including how turnover is verified.

There is no fixed statutory limit for residential deposits, though it should be reasonable and is typically one to two months' rent, held and dealt with according to the Rental Housing Act.

No, rent increases should follow the escalation terms agreed in the lease, and cannot generally be imposed unilaterally mid-term.

This depends on the reinstatement, renewal and holding-over clauses in the lease, which should be reviewed well before the term ends.

Only if the lease permits subletting or the landlord consents in writing; unauthorised subletting is usually a breach of the agreement.

This is allocated in the lease agreement, and typically distinguishes between the landlord's structural obligations and the tenant's day-to-day maintenance duties.

This depends on the lease terms and, for periodic leases, statutory minimum notice periods under the Rental Housing Act and Consumer Protection Act.

Generally a formal notice period and opportunity to remedy the breach is required first; unlawful self-help eviction is not permitted under South African law.

Clear legal guidance starts with a conversation.

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