Lease Renewal Guide
Understanding your rights and obligations at lease renewal under South African law
When your fixed-term lease approaches its end, both you and your landlord have specific rights and obligations under the Rental Housing Act No. 50 of 1999 and the Consumer Protection Act No. 68 of 2008. This guide explains what to expect and how to handle the renewal process.
Notice Periods
- Landlord's notice to increase rent / not renew
Minimum 20 business days written notice before lease end date.
- Tenant's notice to vacate (not renewing)
Minimum 20 business days written notice before lease end date — or as specified in your lease, whichever is longer.
- Automatic periodic lease
If neither party gives notice, a fixed-term lease automatically converts to a month-to-month lease on the same terms.
- Month-to-month termination
Either party may terminate a periodic lease with one calendar month's written notice.
Rental Escalation
- CPI-linked escalation
Rental escalations are typically linked to the Consumer Price Index (CPI). Erga will inform you of the proposed increase in writing.
- Reasonableness test
Under the Rental Housing Act, a rental increase must be reasonable and not exploitative.
- If you dispute the increase
You may refer the dispute to the Rental Housing Tribunal (RHT) in your province — this is free and does not require an attorney.
- Fixed escalation clause
If your lease specifies a fixed escalation percentage, that rate applies and cannot be changed without your written consent.
Your Renewal Options
- Accept the new terms and sign a renewed lease agreement.
- Negotiate the rental or other lease terms with Erga (on behalf of the owner).
- Give notice to vacate and find alternative accommodation.
- Convert to month-to-month and remain while you search for alternatives.
Deposit at Renewal
- Your deposit is not forfeited and does not reset at renewal — it remains invested in an interest-bearing account in your name.
- Interest earned on your deposit belongs to you and will be paid out at the end of the tenancy.
- An additional deposit top-up may be requested if the rental has increased significantly — this must be agreed to in writing.
Renewal Process with Erga
- Erga will contact you at least 60 days before your lease end date to discuss renewal.
- A written renewal proposal (new terms, rental, duration) will be emailed to you.
- You have 10 business days to accept, counter, or give notice to vacate.
- Once agreed, a new lease is signed electronically or in person.
- If no response is received, the lease converts to month-to-month automatically.
Useful Contacts
- Erga Properties
info@erga.co.za | www.erga.co.za
- Gauteng Rental Housing Tribunal
011 355 4000 | rht.gpg.gov.za
- National Consumer Commission
0860 266 786 | thencc.org.za
- Legal Aid South Africa
0800 110 110 (toll-free) | legalaid.org.za
© 2026 Erga Concepts (Pty) Ltd — Trading as Erga Properties | www.erga.co.za | Alberton, Gauteng
This document is provided for information purposes. It does not constitute legal advice.