Landlord issues

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wazup

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Just wanted to get some advice from members who might know more than me on renting issues...

Was renting a townhouse from the owner directly for a few years. Earlier this year he appointed a rental company/agency to take over the management of the unit. The lease was renewed for 12 months starting 1 June.

I've had issues with the caretaker and trustees of the complex, who claimed that my dogs were barking excessively. Yet whenever I (kindly!) requested further details, like dates/times/proof they couldn't produce it. In July they sent a letter to the owner threatening them with legal action if the problem was not solved. The landlord informed me in the third week of July that they do not wish to lease the place to me any further, and want me to move out by the end of August. I was getting sick and tired of the whole story and offered to move out by the end of the month (July) which was 8 days away. They accepted it.

The day when I moved out, we had a meeting for a final inspection, and as I was quickly moving the last batch of my stuff (was away for 30 minutes), the landlord already performed the inspection - basically just took the keys from me and chased me away.

Now, more than two months later, he sends me a bill via the agency and demands payment. On the bill is repairs, but also a management fee (whatever that might be) and also a full month's of "lost rent" (because they claim they took the whole of August to fix the place up). The lost rent is even more than what I was paying.

According to law he must provide detailed invoices of any repairs.

How long does he have to restore the premises and get back to me? I also feel 2 months and 5 days are too long to get back to me.
 
wazup said:
Just wanted to get some advice from members who might know more than me on renting issues...

Was renting a townhouse from the owner directly for a few years. Earlier this year he appointed a rental company/agency to take over the management of the unit. The lease was renewed for 12 months starting 1 June.

I've had issues with the caretaker and trustees of the complex, who claimed that my dogs were barking excessively. Yet whenever I (kindly!) requested further details, like dates/times/proof they couldn't produce it. In July they sent a letter to the owner threatening them with legal action if the problem was not solved. The landlord informed me in the third week of July that they do not wish to lease the place to me any further, and want me to move out by the end of August. I was getting sick and tired of the whole story and offered to move out by the end of the month (July) which was 8 days away. They accepted it.

The day when I moved out, we had a meeting for a final inspection, and as I was quickly moving the last batch of my stuff (was away for 30 minutes), the landlord already performed the inspection - basically just took the keys from me and chased me away.

Now, more than two months later, he sends me a bill via the agency and demands payment. On the bill is repairs, but also a management fee (whatever that might be) and also a full month's of "lost rent" (because they claim they took the whole of August to fix the place up). The lost rent is even more than what I was paying.

According to law he must provide detailed invoices of any repairs.

How long does he have to restore the premises and get back to me? I also feel 2 months and 5 days are too long to get back to me.
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Did you sign off on the final inspection and did you sign an initial inspection?
 
AstroTurf said:
Did you sign off on the final inspection and did you sign an initial inspection?
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Nope and nope

The indicated deposit that is credited to the bill is also without a cent of accrued interest.

On the day I moved out he came with an inspection list that even had tick boxes...but as mentioned, we did not go through the property together, he did it in my absence.
 
On the inspection doc there should have been a list of the things broken and needed to be fixed and you should have sign on this as agreeing.
 
If he cannot prove what condition the property was in when you signed the lease and moved in then he has absolutely no right to withhold your deposit as there is no way to prove any damages. You don't owe him a cent. If anything, I would write a letter to him demanding your full deposit back with interest or otherwise you will begin proceedings in the small claims court to get your deposit back.
 
Does he have the right to claim a month of "lost rent" from me? I now also notice the date of the bill is dated 29 August, yet he never sent it to me before today?

Also, is it worthwhile going to the Rental Tribunal first before going to court?
 
Unless they stipulated that they will be charging you for August then no.
 
So he still have your deposit? Is it less than R15000? Then maybe first take him to the small claims court for your deposit plus interest, chances are that you might win without having to pay much for legal presentation and the result may prevent him from taking you to court for his claims or strengthen your case if he does.
 
Coasti said:
So he still have your deposit? Is it less than R15000? Then maybe first take him to the small claims court for your deposit plus interest, chances are that you might win without having to pay much for legal presentation and the result may prevent him from taking you to court for his claims or strengthen your case if he does.
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Yes he still has my deposit...and yes even with accrued interest it would be less than R15000. Will investigate the small claims court route...it is clear that this guy does not know the law so well, and he is taking a fat chance. I do want to be prepared though, and know my rights very well beforehand.
 
wazup said:
Yes he still has my deposit...and yes even with accrued interest it would be less than R15000. Will investigate the small claims court route...it is clear that this guy does not know the law so well, and he is taking a fat chance. I do want to be prepared though, and know my rights very well beforehand.
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Here's everything you need to know about taking someone to small claims court:

http://www.justice.gov.za/scc/scc.htm
 
wazup said:
Does he have the right to claim a month of "lost rent" from me? I now also notice the date of the bill is dated 29 August, yet he never sent it to me before today?

Also, is it worthwhile going to the Rental Tribunal first before going to court?
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The only circumstance I can think of in which he can claim "lost rent" is for breach of contract, i.e. you unilaterally cancelled the lease before the termination date and moved out. However, from what you're saying, the lease was terminated by mutual consent before the termination date, so I can't see how he can then come back and claim anything from you. Do you have any emails, documents, letters, etc to show that he asked you to move out before the lease was due to expire?
 
deweyzeph said:
The only circumstance I can think of in which he can claim "lost rent" is for breach of contract, i.e. you unilaterally cancelled the lease before the termination date and moved out. However, from what you're saying, the lease was terminated by mutual consent before the termination date, so I can't see how he can then come back and claim anything from you. Do you have any emails, documents, letters, etc to show that he asked you to move out before the lease was due to expire?
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The only thing that is in writing is the agency giving me notice. He did not, according a clause in the contract, give me 20 days to rectify the problem (whether the problem - dogs barking - was real or not), our lease agreement does not stipulate any notice periods and certainly no clauses saying I would be responsible for lost rent.
 
wazup said:
The only thing that is in writing is the agency giving me notice. He did not, according a clause in the contract, give me 20 days to rectify the problem (whether the problem - dogs barking - was real or not), our lease agreement does not stipulate any notice periods and certainly no clauses saying I would be responsible for lost rent.
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If the agency gave you notice then he can't possibly claim any damages for breach of contract.
 
ambroseg1 said:
Your ex-landlord sounds like scum of the earth.
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They seem to transform into little bitches, when you do not intent to renew your lease. Rule of thumb, always keep record of all interactions with landlord, regarding everything. Know what is normal wear and tear, ie fatigued cupboard handles. Always make sure you lease contract covers everything. I have not had any issues with landlords, but have heard some horror stories...always know your rights, especially when it comes to your deposit.
 
Just an update on my issue...

I have sent the landlord an email, saying that he did not perform the outgoing, final inspection in my presence, according to the Rental Housing Act he then cannot claim anything from me and has to pay back the full deposit plus interest. He also took way too long to "restore the premises" and pay me back my deposit. This, along with the fact that he gave me notice without informing me in writing (and giving me chance to rectify the problem first), do not count in his favour.

So I am fairly confident that I will win any case against him.

He replied that he is not going to pay me, and that he insists on payment for repairs, lost income, bla bla bla. He then also sent me a letter saying that I now have 28 days to pay, otherwise he lists me at the credit bureaus.

What would be the best course of action for me to take? Rental Tribunal or Small Claims Court?
Also, how do I go about preventing him from listing me? Can he even list me? (He has his own business, a small handyman business)
 
wazup said:
Just an update on my issue...

I have sent the landlord an email, saying that he did not perform the outgoing, final inspection in my presence, according to the Rental Housing Act he then cannot claim anything from me and has to pay back the full deposit plus interest. He also took way too long to "restore the premises" and pay me back my deposit. This, along with the fact that he gave me notice without informing me in writing (and giving me chance to rectify the problem first), do not count in his favour.

So I am fairly confident that I will win any case against him.

He replied that he is not going to pay me, and that he insists on payment for repairs, lost income, bla bla bla. He then also sent me a letter saying that I now have 28 days to pay, otherwise he lists me at the credit bureaus.

What would be the best course of action for me to take? Rental Tribunal or Small Claims Court?
Also, how do I go about preventing him from listing me? Can he even list me? (He has his own business, a small handyman business)
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You can't just phone up a credit bureau and ask them to list someone. He would have to go to court and get a judgement against you. If he goes to court you will get an opportunity to defend yourself and hopefully with the evidence you have, prevent a judgement being brought against you.
 
wazup said:
He then also sent me a letter saying that I now have 28 days to pay, otherwise he lists me at the credit bureaus.
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Lol...

Can't give any meaningful advice but take the case to anyone and everyone who'll listen to it and shaft the fecker
 
I am a landlord too but would never send anyone a bill 2.5 months after they have left premises.
You do not have to pay management fee. That is the landlords payment and has nothing to do with the tenant.
You do not have to pay for 'lost rent' as you agreed upon a date that you would exit the premises and anything after that is the landlord's loss.
You probably will have to pay for repairs as you did not sign off on that or go through the inspection with him and even the rental tribunal will say that but the other two fees have absolutely nothing to do with you.
If I were you I would definitely go to rental tribunal. Take emails along where you confirmed your date of departure and any other emails to help your claims. He seems like a chancer. Also the fact that you still have not received your deposit sounds disgusting. I always repay deposit one week after departure of premises.
 
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Whatzmyname said:
You probably will have to pay for repairs as you did not sign off on that or go through the inspection with him and even the small claims court will say that but the other two fees have absolutely nothing to do with you.
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You've got it the wrong way around. The fact that no inspection was done prejudices the landlord, not the tenant. If no inspection was done then the landlord has absolutely no proof to support his claim for repairs.
 
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