Landlord claiming my whole deposit

[gseptember69]

Hi All, I rented a house for 3 years previously and we moved out beginning of December, understandably with a 6 year old in the house ( old house over 20 yrs old )there was wear and tear, and I drilled a few holes for curtain rods and mounted a TV on the wall, but when we were moving out the owner came for a inspection.

I closed up all the holes and sanded the polyfilla down, now she's wanting to deduct R9000 from my deposit for having to repaint the whole house, but during the inspection she told us not to worry as she will be painting the whole house.

I feel she's just being a greedy cnut and would like to take this further as she now refuses to answer my emails and give me a detailed breakdown of the costs that I'm responsible for, she's simply sent a email saying that she refuses to pay my deposit back.

So what recourse do I have other than hiring a expensive lawyer and going to court.



Regards

Grant

 

[Tomtomtom]

Rental Housing Tribunal.

Rental Housing Tribunal: Landlord and Tenant Issues | LegalWise

 

[GhostSixFour]

Did you do a joint inspection when you moved in? Is there photographs? Did you do a joint inspection when you moved out? IIRC if those weren't done, and these damages marked, there is no basis for her to claim the damages from you and she is **** out of luck for not following process.

 

[Scooby_Doo]

Does in door painting count as fair wear and tear or is that for the tenant?

After 3 years, she would have had to paint it again for a new tenant anyway.

 

[karnuffel]

I know its not much, but the deposit needs to be saved in an interest bearing account. Maybe ask her about that too

How should a tenant's deposit be handled?

Both landlord and tenant rights, according to the law, on how a tenant deposit should be handled.

www.privateproperty.co.za

 

[Ancalagon]

I'm sorry to say, but landlords do this. My bet would be that if you go back to the property in one year's time, it will not have been painted.

 

[LazyLion]

There are pitfalls on both sides of the rental industry. Such a problematic arrangement.
I would also go the Rental Tribunal route.
Or maybe the small Claims court?

 

[gseptember69]

We done the inspection together and she claimed in front of my SO and I that we needn't worry to touch op the paint as she was going to repaint the whole house and put down tiles, now she's claiming where my daughter messed on the wall and the holes that i filled and never touched up is the reason that she has to repaint the whole house, as mentioned I requested breakdown of all the deductions from my deposit and now she's flatly refusing to communicate this and saying that she isn't paying a cent of my deposit back.

PS:
Is there a way to contact the rental tribunal without having to visit the offices physically.


Regards
Grant

 

[RonSwanson]

So you allow your 6 year old child to scribble on the walls, and the landlord must just suck it up?

 

[TEXTILE GUY]

Its not landlords - its people. Some are just po epholes.

Seeing as she is taking the whole deposit, make her work for it.
A snoek or two on the roof and a vent or two should keep the rent away for a bit.

I have the opposite problem. My tenant didnt pay a deposit, mind you, he didnt pay rent either - and went on to **** up the house anyway.

 

[KleinBoontjie]

Most rental contracts I've seen, states that it is the responsibility of the tenant to paint inside, if needed. Basically, return the house as neat as you get it.
All the times I've rented, I made sure to paint all the inside walls before handing back over to landlord.

 

[Stonemason]

When I deliver a house to a new tenant, I ensure that the paintwork of the house is in a perfect condition. When that tenant moves out, I expect that paintwork to still be in a perfect condition or else I will restore it to a perfect condition and deduct the cost from the deposit. There is no such thing as wear and tear.

 

[deweyzeph]

Did you do an inspection BEFORE you moved into the property? If not then your landlord does not have a leg to stand on. She can do all the inspections she wants to after you move out, but if there is no inbound inspection to compare it to then there is no proof for any her claims against your deposit.

 

[Tomtomtom]

Most rental contracts I've seen, states that it is the responsibility of the tenant to paint inside, if needed. Basically, return the house as neat as you get it.
All the times I've rented, I made sure to paint all the inside walls before handing back over to landlord.

You don't have to bring the paint up to as-new condition because "fair wear and tear", i.e. the aging/fading of paint, is specifically the landlord's responsibility.

This is the law, so it's not something you can contract out of either.

When I deliver a house to a new tenant, I ensure that the paintwork of the house is in a perfect condition. When that tenant moves out, I expect that paintwork to still be in a perfect condition or else I will restore it to a perfect condition and deduct the cost from the deposit. There is no such thing as wear and tear.

False. You really should read the legislation that governs your business. It's not very long.

https://www.gov.za/sites/default/files/gcis_document/201409/a50-99.pdf

https://www.gov.za/sites/default/files/gcis_document/201411/38184act35of2014rentalhousingamendment5nov2014.pdf

 

[deweyzeph]

When I deliver a house to a new tenant, I ensure that the paintwork of the house is in a perfect condition. When that tenant moves out, I expect that paintwork to still be in a perfect condition or else I will restore it to a perfect condition and deduct the cost from the deposit. There is no such thing as wear and tear.

You sound like a delight to work with. And you're wrong. It's not reasonable or lawful to expect a tenant to return a property in exactly the same condition they received it in.

There is plenty of legal case history to wade through if you wish.

What does ‘fair wear and tear’ mean in the context of a lease agreement? - De Rebus

x Bookmark By Madeleine Truter The phrase ‘fair wear and tear excepted’ is commonly used in lease agreements. It is, therefore, essential to understand what the phrase really means. In […]

www.derebus.org.za

The phrase ‘fair wear and tear’ does not mean that a tenant who undertakes to maintain the leased premises in good repair is obliged to put the leased premises into such good condition when the lease begins – this is the duty of the landlord at the commencement of the lease, as per Sarkin v Koren 1949 (3) SA 545 (C). The Sarkin case might be an old case, but is still used as one of the foremost authorities, in relation to lease agreements.


The tenant is also not under any obligation to repair structural defects, or to put the leased premises in a better overall condition than it was on the date when the tenant took occupation. The tenant must only make such repairs as are ordinarily required. In the Sarkin case, the court stated that the tenant was not obliged to attend to mending a thatch roof that had deteriorated. The court stated that in order to establish a breach by a tenant of his duty to repair any part of the leased premises in terms of a lease agreement, the condition of the leased premises at the commencement of the lease is of primary importance. The court further stated that if the landlord failed to put the leased premises in a proper state of repair before handover, there is authority for the proposition that there was no duty on the tenant to put the leased premises in a better condition, than that in which he found them.

 

[Stonemason]

False. You really should read the legislation that governs your business. It's not very long.

I am not really concerned about what the government thinks is right or wrong. If you want to rent a house from me, you follow my rules. If you do not like my rules, go find another place.

 

[GhostSixFour]

I am not really concerned about what the government thinks is right or wrong. If you want to rent a house from me, you follow my rules. If you do not like my rules, go find another place.

Cool. Until the first tenant takes you to court about it. Your rules < the law of the country.

 

[Stonemason]

Cool. Until the first tenant takes you to court about it. Your rules < the law of the country.

That tenant will have a problem when they try to rent again. The new landlord will phone me and I will have to tell him/her the particular tenant is a troublemaker who leaves the house in a bad condition. In 9 out of 10 cases the new house will suddenly not be available to the tenant.

But all this is of academic value only. I only take in high quality tenants and in the past 10 years, I have never had a tenant who returned a house or a townhouse in a bad condition. I tell them what I expect when they move in, and they respect the terms under which they moved in. In all cases when they moved out, I was able to give the new landlord a positive report on them

 

[Dan C]

When I deliver a house to a new tenant, I ensure that the paintwork of the house is in a perfect condition. When that tenant moves out, I expect that paintwork to still be in a perfect condition or else I will restore it to a perfect condition and deduct the cost from the deposit. There is no such thing as wear and tear.

BS. You are a typical bully.

 

[GhostSixFour]

That tenant will have a problem when they try to rent again. The new landlord will phone me and I will have to tell him/her the particular tenant is a troublemaker who leaves the house in a bad condition. In 9 out of 10 cases the new house will suddenly not be available to the tenant.

But all this is of academic value only. I only take in high quality tenants and in the past 10 years, I have never had a tenant who returned a house or a townhouse in a bad condition. I tell them what I expect when they move in, and they respect the terms under which they moved in. In all cases when they moved out, I was able to give the new landlord a positive report on them

So then, if I as a tenant then complain to you that the paint is getting iffy whilst I stay there, you'll repair it suitably without issues, right?
Cause the paint looks iffy about a month before I plan on giving notice.

Or, you know, I'll tell the next landlord, that I can't give reference as the previous guy died.