When must I notify a tenant that their fixed-term lease is expiring?

Where the Consumer Protection Act 68 of 2008 applies to a fixed-term residential lease, section 14(2)(d) requires the landlord (or the agency acting for them) to notify the tenant in writing of the impending expiry of the fixed term. The notice must be given not more than 80 and not less than 40 business days before the term ends.

That notice has to do more than announce the date. Section 14(2)(d) requires it to set out any material changes that would apply if the agreement were renewed, and to tell the tenant that the agreement will continue on a month-to-month basis unless they either agree to a new fixed term or expressly direct that it must terminate on the expiry date.

Because the period is measured in business days rather than calendar days, weekends and South African public holidays push the window earlier in the calendar than most people expect. Eighty business days is roughly sixteen calendar weeks; forty business days is roughly eight. A December expiry is the classic trap, because the notice window opens in the middle of the previous winter and the tail of it runs through the festive-season public holidays.

Re-Lease schedules the landlord enquiry at 60 business days and a non-response fallback at 45 business days before the termination date, so that a tenant notice can still be issued inside the statutory window even if the landlord is slow to respond.

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.