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Month-to-Month Lease Agreement

R399

Create a month-to-month lease agreement for flexible rental occupation, covering rent, deposit, notice period, inspections, utilities, maintenance, breach, and termination.

A month-to-month lease is used where the parties want flexible rental occupation without a fixed long-term lease. It continues monthly until terminated on proper notice.

South African legal context (2026 checklist)

The agreement should clearly state the notice period and whether notice must run from a particular date. For residential property, the landlord must still follow lawful termination and eviction procedures if the tenant does not vacate.

  • South African common law of lease and contract
  • Rental Housing Act 50 of 1999
  • Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998
  • Consumer Protection Act 68 of 2008, where applicable
  • Protection of Personal Information Act 4 of 2013

Use this as a starting point only. Verify current gazetted amendments, tribunal rules, and SARS / DOL circulars that may apply to your matter.

Typical questions we'll walk you through

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Who is the landlord?
Who is the landlord?
Who is the tenant?
Who is the tenant?
What property is leased?
What property is leased?
When does the month-to-month lease begin?
When does the month-to-month lease begin?
What monthly rent is payable?
What monthly rent is payable?
What deposit is required?
What deposit is required?
What notice period applies for termination?
What notice period applies for termination?
Who pays utilities?
Who pays utilities?
What rules apply to occupation, pets, visitors, subletting, and maintenance?
What rules apply to occupation, pets, visitors, subletting, and maintenance?
What happens if rent is not paid?
What happens if rent is not paid?

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