Section 14 of the Consumer Protection Act gives you, as a consumer who is a natural person, the right to cancel a fixed-term lease at any time by giving your landlord 20 business days' written notice. This right applies even if your lease contains a clause claiming you cannot cancel early, because the Act overrides any attempt to contract that right away. It is important to understand that this generally applies where your landlord is renting out the property as an ongoing business activity.
If you are renting from an individual homeowner letting a single property occasionally rather than as a regular commercial activity, this protection may not apply in the same way, so it is worth checking your specific lease and your landlord's circumstances if you are unsure.
"Exercising this right is not the same as walking away with no consequences, and I want tenants to understand this clearly before they get excited about an early move. Two obligations remain in place. You are still liable for any rent or other amounts you already owe up to the date your cancellation takes effect, at the end of the 20 business day notice period, not up to the original end date of your lease," says Morné Prinsloo, local agent with REMAX Town and Country Roodepoort and Krugersdorp.
Prinsloo says your landlord is entitled to charge a reasonable cancellation penalty.
- What counts as reasonable is set out in the Act's regulations and takes into account things such as how much notice you gave, how long is left on your original lease term, whether your landlord could realistically find a new tenant in that time, and any actual financial loss your landlord suffers as a result of the early cancellation.
- In practice, this often lands somewhere around one to two months' rent if the landlord genuinely cannot re-let the unit quickly, though it must be linked to real loss, not used to effectively cancel your right to leave.
Here is what Prinsloo recommends if you are planning to buy a home and need to break your current lease.
- Give your notice in writing, dated, and keep proof that your landlord received it, whether by email, a signed acknowledgment, or another recorded method.
- Time your notice carefully around your property transfer date. Since transfers can take six to twelve weeks from signature to registration, depending on Deeds Office timelines and your bond approval, work backward from your expected move-in date so your 20 business days align sensibly with when you will actually need to vacate.
- Ask your landlord directly what penalty they intend to charge, and request the calculation in writing. If it seems excessive relative to your notice period and the local rental market, you are entitled to challenge it through your provincial Rental Housing Tribunal.
- Buying your first home is an exciting milestone, and the law is genuinely on your side when it comes to giving you the flexibility to make that move without being permanently locked into a lease that no longer suits your life.
READ: How to attract and retain long-term tenants
At Quay 1 International Realty, we've seen it all and know what tenants need to look out for. Every tenant should ask five essential questions before signing on the dotted line.
What's included in the monthly rent?: Knowing if your rent covers more than just the roof over your head is crucial. Ask about utilities, maintenance, and even security services. A seemingly affordable rent could come with hidden extras, so make sure you're crystal clear.
What is the Landlord's maintenance policy?: Knowing who is responsible for repairs and how quickly maintenance issues are seen is key. A responsive landlord or property manager can make all the difference in your rental experience.
Are there any upcoming renovations or building projects?: No one wants to be surprised by scaffolding outside their window or ongoing construction noise. Make sure you're aware of any planned changes to the Property.
What are the rules around deposits and renewals?: Tenants should clarify how their security deposit will be handled and under what circumstances it can be withheld. They should also understand the lease renewal process—will it be automatic, and will the rent increase?
Can I personalise the space?: Some tenants love to make a rental feel like home. Still, knowing what's allowed regarding décor and modifications is This also includes pet policies, which are often a dealbreaker for tenants.
Asking these five questions can save you a world of trouble and ensure your lease experience is smooth and hassle-free.
READ: How to prevent and resolve rental disputes
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