Lease ending 31/12/2015

[yebocan]

Some assistance pls:

So my lease comes to an end on the 31/12/2015, but I am moving out this weekend 2015/12/05.

Rent has been paid for this month, landlord is making an offer of discounting 25% of rent, if we can agree that I vacate before the end of the month...So he can get the place painted and make ready for his next tenant.

I do have an issue, that he wants to reimburse my deposit only after 30 days of termination of the lease. As to offset any repairs + repayments (electricity + rates, -as I pay the rates-)

I am busy drafting responds - I am happy with his offer for early lease termination. The 25% can be use to offset repayments that are still outstanding monies - the shortfall I will cover.
-have an exit inspection on Monday 2015/12/07, for any damages to be highlighted, so they can be addressed
- with the above point being done, repayment of my deposit should occur within 7 days, if their are no damages.

I have always had a cool relationship with my landlord, but think ...bit cheeky about the 30 day period.

 

[wazup]

Google the Rental Housing Act (nr 50 of 1999)

It says in there, he has to pay back the deposit within 7-21 days, depending if there is anything to be repaired, etc.
30 days period is literally against the law.

 

[SlinkyMike]

Google the Rental Housing Act (nr 50 of 1999)

It says in there, he has to pay back the deposit within 7-21 days, depending if there is anything to be repaired, etc.
30 days period is literally against the law.

Ja but be cool. Talk together like grownups before quoting the letter of the law. No need to be antagonistic straight out of the gate.

 

[Whatzmyname]

Just ask him if he can refund your deposit within 21 days as that is the usual procedure. Perhaps he is unaware....

 

[Fulcrum29]

Just ask him if he can refund your deposit within 21 days as that is the usual procedure. Perhaps he is unaware....

Probably the best approach.

The regulations are clear,

http://www.tpn.co.za/Guest/faq_tenant.aspx

14.When must my deposit be refunded?

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

The tenant and landlord cannot contract outside of these obligations. For example, the landlord (estate agent) cannot state in the lease agreement that the deposit will only be refunded in 30 days – this would be in contravention of the Rental Housing Act

 

[zerocool2009]

Can I add an experience a few months back.

My tenant gave notice. I did inspection. A few things broken.

Water and lights are also billed one month in the past ...

I refunded him 75% of his deposit within what the law specified. His bills was much more than the remaining 25% ....

And I didn't hear from him again .... So nice hey ! So there's a reason talk to each other, remain calm ... and be professional.

If you rented a long time with him, you should know each other.

Adding to that ... my new tenant waited 2 months for her deposit from a well known renting agency.

 

[Grant]

i'd go for the early termination - works for both of you.
as for the deposit, within the agreement of early termination of lease, stipulate that an inspection must be done within 24hrs of you vacating and the deposit (minus any "damages") is to be reimbursed within 7 days.

explain to him you need both the discount & deposit to facilitate a quicker vacation of the premises

 

[crackersa]

i'd go for the early termination - works for both of you.
as for the deposit, within the agreement of early termination of lease, stipulate that an inspection must be done within 24hrs of you vacating and the deposit (minus any "damages") is to be reimbursed within 7 days.

explain to him you need both the discount & deposit to facilitate a quicker vacation of the premises

This....if op pushes to hard, he won't get any discount

 

[Gnome]

http://www.tpn.co.za/Guest/faq_tenant.aspx

This is actually biased to the owner.

That FAQ makes it sound like the owner has discretion to just use the deposit.

Firstly the damage has to be pointed out by the owner and proven it was caused by the tenant.
Fair wear and tare and latent defects are not the tenants responsibility. Owners often try to pawn off latent defects on tenants, don't stand for it.
Then a quote has to be obtained which must be approved by the tenant.
The tenant can, at that point, opt to repair the damage him/herself. Another inspection will be required thereafter, the onus is only to repair it to the state it was, not improve it. Unless it is obvious the owner will need photos. Else it is a he said/she said situation, pretty much the onus of proof is on the owner.

 

[Hemi300c]

Is the 21 day period clear and concise because it'll be turned to "yes but that's 21 working day which is a month".

 

[ToxicBunny]

It's clear. .. its 21 days.. not 21 working days.

 

[yebocan]

Update...got email back...will do exit inspection tomorrow evening. Sealed the four holes I made, to hang a painting. Had the place cleaned... The rest I am putting down as wear and tear. Hopefully, all will be sorted by tomorrow. Thanks you all, for you input.

 

[yebocan]

Update:

Exit inspection resulted: charge for light bulb replacement for balcony and replacement of a bedroom cupboard hinge screw.
Popped an email this morning confirming the above deficiencies, that were noted ...requesting quotation/invoicing...a break down of interest earned on deposit. Repayment of interest.
Now awaiting follow up email from their side.

Quick question: Can they now revert back to me with additional deficiencies, that were not noted during the exit inspection?

 

[ToxicBunny]

Update:

Exit inspection resulted: charge for light bulb replacement for balcony and replacement of a bedroom cupboard hinge screw.
Popped an email this morning confirming the above deficiencies, that were noted ...requesting quotation/invoicing...a break down of interest earned on deposit. Repayment of interest.
Now awaiting follow up email from their side.

Quick question: Can they now revert back to me with additional deficiencies, that were not noted during the exit inspection?

If that was the list given to you, and they then confirm it.. no they can't.

So 1 lightbulb, and 1 cupboard hinge screw. I would expect the quote to be no more than R150 (including labour to replace the bulb and screw)

Although, I would be hard pressed to come up with 1 screw as being anything other than wear and tear... and a lightbulb as well really... not something I would nail a tenant for if they were the only things wrong.

 

[yebocan]

If that was the list given to you, and they then confirm it.. no they can't.

So 1 lightbulb, and 1 cupboard hinge screw. I would expect the quote to be no more than R150 (including labour to replace the bulb and screw)

Although, I would be hard pressed to come up with 1 screw as being anything other than wear and tear... and a lightbulb as well really... not something I would nail a tenant for if they were the only things wrong.

That were the only deficiencies that was highlighted and agreed upon. Just do not want a case of an email with a whole long list of other deficiencies coming my way, with no way of telling them where to get off.

 

[ToxicBunny]

That were the only deficiencies that was highlighted and agreed upon. Just do not want a case of an email with a whole long list of other deficiencies coming my way, with no way of telling them where to get off.

The list has to be agreed on by both parties...

If you agreed with the original list that was given to you, then thats it... they can't add more things.

 

[Gnome]

Update:

Exit inspection resulted: charge for light bulb replacement for balcony and replacement of a bedroom cupboard hinge screw.

Light bulbs are fair wear and tear. There isn't even a question about it. Light bulbs are not the tenants responsibility. If, as an owner, your tenant pays for light bulbs consider yourself lucky.

Cupboard hinge screw, seriously? Hardware costs like R5. Just need a screw driver. Can they even prove it was there?

Popped an email this morning confirming the above deficiencies, that were noted ...requesting quotation/invoicing...a break down of interest earned on deposit. Repayment of interest.
Now awaiting follow up email from their side.

That was good, sets the right tone.

Quick question: Can they now revert back to me with additional deficiencies, that were not noted during the exit inspection?

No.

 

[yebocan]

This whole chapter came to an end on Friday with the repayment of my deposit + interest
Thanks to everyone that gave some assistance! Much appreciated!