How much notice must a landlord give to end a lease?

It depends on what kind of lease you have. If you are on a month-to-month lease, the landlord usually has to give you one calendar month's written notice, unless your lease sets a different period. If you have a fixed-term lease, it ends on the date it says, and the landlord does not need to give notice to end it on that date, but where the Consumer Protection Act 68 of 2008 applies the landlord must warn you in writing before expiry, and if nobody does anything the lease rolls on month to month. To end the lease early for breach, the landlord must first give you written notice of the breach and time to fix it. In every case, notice only ends the lease. A tenant who stays after notice can be removed only by the sheriff on a court order.

The three kinds of ending

A periodic lease ends on notice. A periodic lease runs from month to month with no fixed end date. Either side can end it by giving the notice the lease requires. Most South African residential leases say one calendar month, and where the lease is silent, one calendar month is what the courts and the Rental Housing Tribunal generally expect. A calendar month means notice given by the end of one month to run to the end of the next. Notice given on 10 March to leave on 10 April is usually not a calendar month; it runs to 30 April.

A fixed-term lease ends on its date. A lease for 12 months ends on the last day of the 12 months, unless the lease says the term renews automatically. Where the tenant is a consumer under the Consumer Protection Act, which covers most residential leases, the Act requires the landlord to notify the tenant in writing before the expiry date that the lease is about to end, and to say what happens next. If the landlord does not act, and the tenant stays and keeps paying, the lease normally continues month to month on the same terms until either side gives notice.

Any lease can be cancelled for breach. If you do not pay rent, damage the property or otherwise break a material term, the landlord may cancel, but only after written notice of the breach and the time the lease or the Act allows to remedy it. Under the Consumer Protection Act that is 20 business days.

What the notice must look like

Notice to end a lease should be in writing, dated, sent to the address the lease gives for notices, and clear about the date on which the lease ends. Verbal notice is a recipe for a dispute. Email and WhatsApp are normally fine if the lease allows them or the parties have been communicating that way.

The notice does not have to give a reason for ending a periodic lease. A landlord who wants the property back to live in, to sell or to renovate may give notice for any of those reasons or none. What the landlord may not do is give notice as retaliation for a tenant exercising a right, such as filing a Rental Housing Tribunal complaint or insisting on repairs. The Rental Housing Act 50 of 1999 treats that as an unfair practice, and the Tribunal can set it aside.

Step by step, from notice to keys

1. The landlord gives written notice of the period the lease or the law requires.
2. The tenant keeps paying rent for the whole notice period. Notice does not suspend the lease.
3. The two sides arrange the outgoing inspection in the last days of the lease, so that the deposit can be dealt with on the timelines in How long does a landlord have to return my deposit?.
4. The tenant hands over the keys on the end date and gives a forwarding address and bank details in writing.
5. If the tenant does not leave, the landlord may not change the locks or cut services. The landlord must apply to court under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (the PIE Act), with notice to the tenant and the municipality, and the court decides what is just and equitable. Only the sheriff may then remove the tenant.

A worked example

The names and figures are illustrative.

Ayanda has rented a Durban flat from Mrs Botha for three years at R7 800 a month. The original 12-month lease expired two years ago and nobody renewed it; Ayanda simply kept paying and Mrs Botha kept accepting. The lease is now month to month. The lease says either party may end it on one calendar month's written notice.

On 12 May Mrs Botha emails Ayanda saying her son is moving back to Durban and she needs the flat by 12 June. That is not a calendar month. Ayanda replies politely that she will leave, but that one calendar month's notice from 12 May runs to 30 June, and that she will pay rent for June. Mrs Botha, once she checks the lease, agrees. They do the outgoing inspection on 28 June, Ayanda hands over the keys on 30 June, and the deposit of R15 600 plus interest is paid within the week because there is no damage to deduct.

Had Mrs Botha changed the locks on 13 June, Ayanda could have gone to court urgently to be let back in, and Mrs Botha would have faced a damages claim and a possible criminal charge under the PIE Act. Had Ayanda refused to leave at the end of June, Mrs Botha's only route would have been a PIE Act application.

What to do this week

1. Find your lease and identify which kind it is: fixed-term still running, fixed-term expired and rolling on, or month to month from the start.
2. Read the notice clause. Note the period and whether notice must run from the first of a month.
3. Check the date on the landlord's notice against the calendar. Work out the correct end date and write to the landlord confirming it.
4. Keep paying rent to the end date. Do not try to use the deposit as the last month's rent unless the landlord agrees in writing.
5. Ask the landlord in writing for an outgoing inspection date.
6. If the notice looks retaliatory, or is shorter than the lease allows, download the Rental Housing Tribunal complaint form for your province.

Documents to gather

• the signed lease and any renewal or addendum
• the landlord's notice, with the date you received it
• proof of rent payments for the last few months, showing the lease is in good standing
• any Consumer Protection Act expiry warning the landlord sent, or the absence of one
• your own reply confirming or disputing the end date
• any messages that suggest the notice is retaliation, such as a repair request or Tribunal complaint shortly before

Realistic timeline

• Month-to-month lease. One calendar month from the end of the month in which notice is given, unless the lease says otherwise. Notice on 12 May usually means an end date of 30 June.
• Fixed-term lease. The end date in the lease, with the landlord's expiry warning arriving some weeks before. Check how many weeks by using our fixed-term contract calculator.
• Cancellation for breach. Commonly 20 business days from the breach notice, then the cancellation letter, then a voluntary move-out period if the landlord offers one.
• If you stay after the end date. The landlord must go to court under the PIE Act, which takes months, and the court fixes the date by which you must leave. You remain liable for occupational rent and possibly the landlord's costs.

Common mistakes and what they cost

Counting a calendar month from the date of the letter. Both sides get this wrong. A calendar month usually runs to the end of the following month. A landlord who insists on the wrong date loses a Tribunal complaint.

Ignoring an expiry warning. If the landlord's Consumer Protection Act notice says the lease will end on a date and you do nothing, you may find yourself with no lease. Reply and say whether you want to renew.

Assuming an expired fixed-term lease means you can be told to leave immediately. It does not. The lease rolls on month to month and needs proper notice.

Notice by SMS with no date. "You need to move out soon" is not notice. It starts no clock.

Treating notice as eviction. Changing locks or cutting electricity after the end date is unlawful and expensive. See Can a landlord evict me without a court order?.

Tenant's rights vs landlord's rights

The tenant may: stay for the full notice period; insist on the notice period the lease or the law requires; receive the Consumer Protection Act expiry warning before a fixed-term lease ends; continue month to month if a fixed-term lease expires without action; challenge retaliatory notice at the Rental Housing Tribunal; and remain in occupation until a court orders otherwise.

The landlord may: end a periodic lease on the notice the lease requires, without giving a reason; let a fixed-term lease expire on its date after the required warning; cancel for a material breach after notice and time to remedy; claim rent to the end of the notice period and occupational rent thereafter; and apply to court for eviction if the tenant stays.

If you cannot afford an attorney

Most notice disputes are resolved without lawyers.

• The Rental Housing Tribunal in your province is free and deals with short notice, retaliatory notice and any unfair practice around ending a lease.
• The Small Claims Court can hear a claim for wasted costs or rent overpaid, up to its limit, without lawyers. See our small claims calculator.
• If a letting agent gave defective notice or misled you about your rights, complain to the property practitioner regulator that oversees estate agents.
• Legal Aid South Africa on 0800 110 110 can advise if the matter is heading towards an eviction application. See our Legal Aid page.

If you do need an attorney, what property and tenancy matters cost sets out the usual fees.

Frequently asked questions

Tenants ask whether a landlord may give notice because the property is being sold. Yes, on a month-to-month lease, with proper notice. On a fixed-term lease the buyer generally takes over the lease and must honour it to the end of the term. They ask about notice of a rent increase; see Can my landlord increase rent mid-lease?. They ask whether they can withdraw notice they gave themselves. Only with the landlord's agreement.

Related reading: What happens if I break my lease early?.

LawMatch is not a law firm and this page is general information, not legal advice about your situation.