Why full rent is due if your tenant leaves his stuff in your unit after early cancellation
If a tenant gave notice to terminate a lease early, and at the end of the termination period only vacated half the property (i.e. left all clothes and a number of other personal belongings in the apartment), surely the notice is then assumed to be null and void and full rent should be paid in lieu of same.
They left the key at security, have now returned from holiday and say they would like to come and pack up their remaining belongings?
Quite simply, the tenant has not acted in accordance with the terms of the notice to vacate the property, and has therefore not restored the landlord’s possession.
In the circumstances, I am of the view that although the notice to vacate remains valid, and the lease has effectively been terminated, the tenant remains liable to pay the current month’s rental in full.
The tenant’s conduct in this instance amounts to holding over of the property, and the landlord is entitled to be compensated as a result thereof.
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Who is Marlon Shevelew?
Marlon Shevelew is the director of Marlon Shevelew and Associates Inc, a law firm specialising in rental property, sectional title, contractual, consumer and company law. The firm is the recipient of more than 45 international property law awards. Marlon is the current author of PayProp’s rental documentation and preferred rental property attorney to the Institute of Estate Agents South Africa (IEASA), the Rental Housing Tribunal Western Cape, presenter of the Advanced Residential Property Law Seminar endorsed by the University of Cape Town and the director of the top rental property law firm in the country, according to several international publications. Marlon also created the unique Rental Retainer Club and RentDoc which offers clients affordable legal fees for rental property-related matters. Marlon is contactable on firstname.lastname@example.org anytime for more information on these services.