Contact
Contract | Lease | Property | Rent

Does my lease terminate if the landlord dies?

“My father recently passed away. He had rental properties in his name and one of the tenants phoned me to hear if he has to move out now that my father has passed away. What is the position? Has the lease come to an end?”

Lease agreements don’t generally terminate on the death of the landlord. The appointed executor of the estate of the deceased will take over the administration of the estate and transfer the residue of the estate, after paying out legatees, to the heirs. The rights and obligations in terms of the lease agreement will pass to the heirs, provided that the heir/legatee accepts the inheritance.

The terms of the lease agreement will be paramount in determining the grounds for termination of the lease. Should the agreement specifically provide that the lease terminates on the death of your father (the landlord) then this position will apply when the landlord dies. A tenant will however have to be allowed a reasonable period to vacate the premises.

Given that tenants could be affected by the death of your father, it may be prudent to approach your executor to review the lease agreements and determine the termination provisions thereof to avoid continuing uncertainty in this regard and ensure proper communication with your tenants on their continuing rental position.

October 4, 2018
Culture vs style: When workplace dress codes cross the line

Culture vs style: When workplace dress codes cross the line

by | Jan 16, 2026 | , , , ,

Dress codes are a familiar part of many workplaces, yet employers often fail to calibrate how far they are allowed to go in regulating employee personal appearance. While employers may enforce standards of neatness, safety and professionalism, these rules cannot override constitutional rights, nor can they operate in a discriminatory manner. A recent reminder of this emerged from the Supreme Court of Appeal, where the court had to consider the fairness of dismissing correctional officers for refusing to cut their dreadlocks, contrary to the employer’s dress code.

Competition Commission guidelines on confidential information

Competition Commission guidelines on confidential information

by | Jan 16, 2026 | , ,

The Competition Commission of South Africa (“Competition Commission”) identified a need to guide merger parties and stakeholders on claiming confidentiality over information. In September 2025, the Competition Commission issued Guidelines on the Commission’s handling of confidential information (“Guidelines”), which, however, are not binding on the Competition Commission, the Competition Tribunal or the Competition Appeal Court, but must be taken into account by these authorities when interpreting and applying the Competition Act 89 of 1998 (“Competition Act”).

Termination of joint ownership, rights in question: PIE Act explained

Termination of joint ownership, rights in question: PIE Act explained

by | Jan 16, 2026 | , , ,

In a recent Western Cape court case where the court ordered the termination of joint ownership of properties, an interesting question arose as to whether the termination of joint ownership did not amount to an eviction contrary to the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, 19 of 1998 (PIE Act)? We look at the requirements for the termination of joint ownership by our courts and whether this can infringe on the PIE Act.

Sign up to our newsletter

Pin It on Pinterest