The Legal Advice Office offers affordable Legal Advice as well as Legal and Paralegal Services throughout South Africa.
Our legal advice and services are based on 40 years of experience in the professional legal field. As a purely internet based legal consultancy business, we pride ourselves in personal, professional and efficient service at affordable rates and undertake to revert to our clients within 48 hours of their query being received by us.
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We receive many enquiries from both landlords and tenants, but mainly tenants, regarding the subject of commercial lease cancellations and early terminations of such leases.
It is not a straightforward matter and is governed by both the common law of contract and the Consumer Protection Act, No 68 of 2008.
As I have said before; you cannot just cancel a lease agreement.
It is a contract and if you want to cancel it or terminate it earlier than the expiry date; that legal process must be dealt with correctly, professionally, properly and legally.
We received this query last Thursday.
“I bought property in a security estate in Bellville in 2016 which is managed by a Homeowners Association (HOA.) The property was expensive but in my mind an investment in me and my family’s future. However, personal financial constraints have made me not only fall behind on your levies but also consider selling the property. I may even be staring insolvency in the face. Can I sell the without you settling the outstanding levies first?
We received the following question during the course of last week
“I have been happily married for the last 7 years. However; I am medically unable to produce a child. My husband and I have talked about the option of both adoption and surrogacy. We have decided to go the surrogacy route if we can, and have discussed it with my sister. She is older than me has two children and does not want any more of her own and is willing to consider it. We’ve not yet spoken about costs or payment for her to do this, because we’re not sure whether surrogacy is even allowed in South Africa. Is surrogacy an option we can consider? Your advice would be much appreciated”
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