Section 5 of the Rental Housing Act 50 of 1999 provides that a lease need not be in writing, but that the landlord must reduce it to writing if the tenant requests it. An oral lease is therefore enforceable, and so is an oral variation of one.
That is a reason to write renewals down rather than a reason not to. A renewal is precisely the moment when terms change, and an unwritten variation leaves the parties relying on recollection about rent, duration and escalation.
Many leases also contain a non-variation clause requiring any amendment to be in writing and signed by both parties. Where such a clause exists, an oral renewal may be ineffective regardless of the position under the Act.
The Act also requires the lease to include specified information — among other things the amount of rental and any escalation, the deposit, the parties and the property — and requires a copy to be kept and made available to the tenant.
Sources
- Rental Housing Act 50 of 1999, s5
- Re-Lease legal template library — renewal addendum
Disclaimer: This is general information about South African lease-renewal procedure, not legal advice. Dates are calculated from the information you provide and from published public holidays. Check them against your lease and take your own legal advice before acting.