House Rental: How to get my Deposit back?

[Tman*]

Long Story Short

My Previous landlord cant be bothered to pay back my deposit, even though he did the exit inspection and there was no deductions for damage or anything like that.

The Estate agent is also ignoring me, he says the Landord has the deposit and I must speak directly to him.

Ive tried several times to contact the landlord (I have email records), to no avail.

What are my options?

Do I need to go to the small claims court? Is there an Estate agent board or something that can report him to that will investigate?

I really dont want to lose R10 000, my cash flow is hurting quite bad, because I had to put down another deposit for my new place...

Edit: Does anyone have any experience with the Housing Rental Tribunal ? link: http://www.dlgh.gpg.gov.za/Pages/HousingRentalTribunal.aspx

 

[TheGrove]

http://www.dlgh.gpg.gov.za/Pages/HousingRentalTribunal.aspx

Try the above.

If you have a signed copy of the exit inspection show now damages, should have no problem getting it back. May take some time though.

 

[Tman*]

http://www.dlgh.gpg.gov.za/Pages/HousingRentalTribunal.aspx

Try the above.

If you have a signed copy of the exit inspection show now damages, should have no problem getting it back. May take some time though.

I dont have a signed copy, but the Estate Agent was also present during the exit inspection, I dont know if that helps...

I furious, I keep up my part of the bargain, including paying on time and cleaning the place afterwards, but the landlord cant be bothered.

 

[TheGrove]

I made the mistake of not getting a signed copy of the entrance and exit inspection, battled for months to get my deposit back.

The estate agent should be able to provide you with the exit inspection.

But go to the tribunal, when they contact the landlord it may just wake him up a bit. But like I said it may take time so if you are strapped for cash I would start making another plan while you sort this out.

 

[ToxicBunny]

I dont have a signed copy, but the Estate Agent was also present during the exit inspection, I dont know if that helps...

I furious, I keep up my part of the bargain, including paying on time and cleaning the place afterwards, but the landlord cant be bothered.

You should have kept a signed copy for starters.... but in lieu of that.
I would visit the Estate Agent, and make it their problem.. so sit in her office until she goes WITH you to visit the ex-landlord to get the deposit back.

 

[MKFrost]

Go move back in for another month...

On a serious note though, the act clearly states what should happen to a deposit and how and when it must be returned etc...

I will as a last recourse sent an email to both the agent and the owner copying that particular section in your mail. I would also, if possible hand deliver or send same letter by registered mail to both. The reason for this is because it might just convince the owner to pay the deposit back when he sees that you are clued up on the act and he might also not even be aware [doubt it] of what the act prescribes.

Maybe before you do this, send a mail to the agent to confirm that they were 'happy' with the exit inspection. If the agent replies in the affirmative it means that you have written confirmation of the 'no damage'.

If nothing comes from the above then take it further as others here have suggested.

 

[Devill]

Long Story Short

My Previous landlord cant be bothered to pay back my deposit, even though he did the exit inspection and there was no deductions for damage or anything like that.

The Estate agent is also ignoring me, he says the Landord has the deposit and I must speak directly to him.

Ive tried several times to contact the landlord (I have email records), to no avail.

What are my options?

Do I need to go to the small claims court? Is there an Estate agent board or something that can report him to that will investigate?

I really dont want to lose R10 000, my cash flow is hurting quite bad, because I had to put down another deposit for my new place...

Edit: Does anyone have any experience with the Housing Rental Tribunal ? link: http://www.dlgh.gpg.gov.za/Pages/HousingRentalTribunal.aspx

I had a huge success with the tribunal in Cape Town. they ordered my previous land lord to hand me my deposit back in 30 Days

 

[Beachless]

Also remember that if the landlord kept the deposit he owes you interest.

 

[Tman*]

I have a copy of the signed Agreement that states he needs to pay me back my deposit (that was supposed to be kept in an interest bearing account) within 14 days after the termination of the lease.

I do not however have a signed agreement fro the exit inspection, there was no form or application. Both the landlord and the Estate agent came to the house and inspected when I moved out.

I just dont understand how the agent can have a "not my problem" attitude in terms of the deposit being paid out, just because it wasn't deposited into their bank account?

Moving forward I am going to do the following:
1, Get the estate agent to confirm via email that nothing will be deducted from from my deposit.
2. Send an email to both, stating that my deposit should be paid back within 14 days as per our agreement.
3. wait a few days, and then if they don't respond Ill write another email stating that I will approach the Housing Rental Tribunal.
4. Submit a formal complaint to the Housing Rental Tribunal.

 

[ToxicBunny]

I have a copy of the signed Agreement that states he needs to pay me back my deposit (that was supposed to be kept in an interest bearing account) within 14 days after the termination of the lease.

I do not however have a signed agreement fro the exit inspection, there was no form or application. Both the landlord and the Estate agent came to the house and inspected when I moved out.

I just dont understand how the agent can have a "not my problem" attitude in terms of the deposit being paid out, just because it wasn't deposited into their bank account?

Moving forward I am going to do the following:
1, Get the estate agent to confirm via email that nothing will be deducted from from my deposit.
2. Send an email to both, stating that my deposit should be paid back within 14 days as per our agreement.
3. wait a few days, and then if they don't respond Ill write another email stating that I will approach the Housing Rental Tribunal.
4. Submit a formal complaint to the Housing Rental Tribunal.

Best option.

 

[Slootvreter]

You will not get it back. If you do, I will stand corrected.

 

[xrapidx]

You will not get it back. If you do, I will stand corrected.

No ****.

 

[vicv]

I'm having a similar problem http://mybroadband.co.za/vb/showthread.php?t=577801

 

[Fulcrum29]

You will not get it back. If you do, I will stand corrected.

http://wiki.tpn.co.za/tpn/landlordfaq/Refunding_the_deposit_51

Refer to sections on incoming and outgoing inspection and interest earned on the deposit.

Further, the landlord can apply the deposit to any amount due by the tenant - outstanding rent or utilities, reasonable payment for damages to the property (for example: cleaning of carpets, lost keys or remotes and returning the state of the property back to its original state at the beginning of the lease), fair wear and tear excluded.

If during the outgoing inspection, it is established there are no damages, the deposit must be refunded within 7 days of expiry of the lease.

If during the outgoing inspection, damages are noted, the balance of the deposit must be refunded within 14 days of restoration of the property.

If the tenant fails to attend the outgoing inspection, the balance of the deposit must be refunded within 21 days of the expiry of the lease.

The tenant is entitled to all receipts for the cost of repairing any damages.

According to the law you can already stand corrected

 

[Tman*]

Just a quick update:

Ive submitted docs to the Gauteng Tribunal. Couple of months later, nothing has happened :/

Ive followed up, but there is no progress.

Do I have any other options here?

 

[loc]

Just a quick update:

Ive submitted docs to the Gauteng Tribunal. Couple of months later, nothing has happened :/

Ive followed up, but there is no progress.

Do I have any other options here?

Something I had to do with a landlord is get a lawyers letter drafted and send it to them. Got my deposit back..R500 investment for the letter but worth it for R10,000

Maybe you could also try small claims court. I can give the contacts of the lawyer I used but she is in Durban

 

[yebocan]

Just a quick update:

Ive submitted docs to the Gauteng Tribunal. Couple of months later, nothing has happened :/

Ive followed up, but there is no progress.

Do I have any other options here?

Had to approach the tribunal in CT, about 4 years ago....-gave them call, filled out the docs...within 24hrs...had a case officer...he made contact with my previous landlord...- 3 days later, had my deposit back....

 

[Tman*]

Had to approach the tribunal in CT, about 4 years ago....-gave them call, filled out the docs...within 24hrs...had a case officer...he made contact with my previous landlord...- 3 days later, had my deposit back....

I wish they were that efficient in JHB

After my 1st application I had to resend docs because they didnt know what a PDF was...

 

[Beachless]

You can go to the small claims court as well. Might take some time and effort on your side though.