Your question
My landlord came to me today to tell me I must vacate as she wants to rent out the place to other people as she can get more money for the place. We have a 1 year contract and our contract only expires at the end of September. Is this allowed?
On the stated facts, the landlord’s wish to obtain higher rent from other tenants is not a listed ground for a court to order recovery of possession while you pay rent within seven days of its due date and comply with the lease. The listed grounds are material damage, nuisance, the landlord’s specified personal or family or employee occupation, or a reasonable reconstruction or alteration scheme. 4
A notice to vacate a dwelling must be in writing, state the reasons, and be lodged with the relevant rent board secretary. Ordinarily, at least three months’ notice is required, unless you later consented in writing to a shorter period. 6 1
Section 28 of the Rents Ordinance controls over the general notice rule in section 32 because it expressly applies “notwithstanding” section 32. It prevents an eviction order even after lease expiry or lawful notice, provided you meet your rent and lease obligations, unless one of its listed grounds is established. 4
Verified sources
Where this answer comes from
Rents Ordinance 13 of 1977
(1) When a lessor gives notice to a lessee to vacate business premises or a dwelling, such lessor shall (a) in the case of business premises, give notice of at least one year; and (b) in the case of a dwelling, give notice of at least three months, irrespective of whether the lease provides for a period of notice or not: Provided that (i) the lessee of business premises or of a dwelling may consent in writing on a later date than the commencement or renewal of the lease to a shorter period of notice than that provided for in this section; and (ii) an employee who leases a dwelling from his employer as a condition of service shall vacate the dwelling within seven days after termination of his...
Registration of Deeds in Rehoboth Act 93 of 1976-Regulations 1976-2372
terms of this agreement, promptly on the due date, the lessor may give written notice to the lessee to leave and to vacate the premises within seven days of the receipt of such notice. No steps in terms of this clause shall deprive the lessor of his right to recover any amount which is still due by the lessee.
Rents Ordinance 13 of 1977
any obligation to pay compensation to the lessee which may arise under subsection (3) in the event of any failure to carry out such undertaking; and (ii) the lessor shall satisfy the court that any permission necessary under any law for the carrying out of such scheme has been obtained from the authority from which it has in terms of such law to be obtained or on some other grounds which, regard being had to all the circumstances, the court deems to be sufficient. (2) (a) If a lessor has in any manner whatsoever caused or induced a lessee to vacate any dwelling on the grounds stated in subsection (1)(c), and such dwelling is without reasonable cause not occupied within one month from the dat...
Rents Ordinance 13 of 1977
(1) Notwithstanding the provisions of section 32, no order for the recovery of possession of a dwelling or for the ejectment of the lessee therefrom based on the fact of the lease having expired either by effluxion of time or in consequence of lawful notice, shall be made by any court as long as the lessee continues to pay, within seven days of the due date, the rent in respect of such dwelling agreed upon with the lessor or determined under this Ordinance, and complies with the other conditions of the lease, except on the further grounds that (a) the lessee has done or is doing material damage to the dwelling; or (b) the lessee has been guilty of conduct which is a nuisance to occupiers of...
Usury Act 73 of 1968
6F. Termination of leasing transactions before expiry of lease
Rents Ordinance 13 of 1977
(1) (a) When a lessor gives notice to a lessee to vacate a dwelling he shall do so in writing, stating the reasons, and a copy of such notice shall be lodged by the lessor with the secretary of the rent board in whose area of jurisdiction the dwelling is situated immediately after the notice has been served on the lessee. (b) Any person who fails to comply with the provisions of subsection (1) (a) shall be guilty of an offence and liable on conviction to a fine not exceeding two hundred rand or imprisonment not exceeding two months, or to both such fine and such imprisonment. (2) If in any notice to a lessee to vacate any dwelling the lessor has knowingly given any reason which is false, or...