Lease problem

[dazzazzad]

Not sure what section to put this

So, my friend has leased an apartment for a year. Last night she opened her normally closed bathroom window (that faces inside the complex not out) and the frame just fell out and crashed down to the bottom story. Luckily it was 1am so nobody was underneath and it just woke people up.

This morning she checked her lease to see if that kind of thing is covered and in doing so realized that her lease expired on Jan 31. She's been so busy that she had forgotten.

Now she's worried that a) the window won't be covered as part of building breakage and b) that maybe she loses her deposit because of all that. But surely the agent is obligated to contact her leading up to the renewal period? My friend hasn't heard a thing from them.

Anyone have any ideas?

 

[ToxicBunny]

The lease went into month to month mode when it wasn't renewed (iirc)..

And in my opinion, a window frame falling out of a bathroom is not something the tenant should even VAGUELY be expected to pay for... unless they intentionally kicked it out or something of that nature.

 

[dazzazzad]

Okay, so even though it hasn't been signed she is still technically under lease?

She's going to visit the agent in a bit. The agent sounds awful though. She still hasn't even sent my friend a single invoice.

The window situation is also tricky because it happened because the metal isn't rust proof and it's right by the sea. It probably means that all the similar windows are probably death traps (at least for the apartments not on ground level) and will have to be replaced.

 

[noxibox]

It has been signed. I'd suggest reading the agreement to see what happens after the initial one year period.

Whether the window frames are the owner's responsibility, the body corporate's or both depends on where it lies relative to the median line. It wouldn't be the tenant's responsibility to maintain or replace the frames.

 

[dazzazzad]

The lease doesn't mention what happens after a year. It only talks about 2 month notice prior to termination. The agent is clearly not very thorough as my friend says the initial contract didn't even mention the deposit that she had to give the agent, so she asked for it to be put in before signing.

 

[ChilliGirl]

The lease doesn't mention what happens after a year. It only talks about 2 month notice prior to termination. The agent is clearly not very thorough as my friend says the initial contract didn't even mention the deposit that she had to give the agent, so she asked for it to be put in before signing.

the owner/BC needs to sort the window. it will cost them each 50/50%. If they wish they could probably claim it from building insurance & just spilt the claim fees requested by the insurer...

 

[dazzazzad]

the owner/BC needs to sort the window. it will cost them each 50/50%. If they wish they could probably claim it from building insurance & just spilt the claim fees requested by the insurer...

Okay, I don't mind who pays as long as my friend isn't liable. And all the windows surely need replacing or at least looking at, so nobody gets hurt.

 

[Butterflypixie]

Hope this helps

Hi there according to the rental housing act her lease has changed form month to month if not re-signed.

Relating to the window it is covered under the accidental damage under your buildings section of a short term insurance policy. She must report it to the body corporate as well as the letting agent the body corporate must then submit the claim as they generally insure all the buildings in the complex together under a Body Corporate policy. The owner will generally have to pay the excess as under your rental agreement it should state that general wear and tear will be excepted.

Good luck.

 

[ChilliGirl]

Okay, I don't mind who pays as long as my friend isn't liable. And all the windows surely need replacing or at least looking at, so nobody gets hurt.

She must not pay a cent.

She needs to apply pressure to the owner who in turn must either get it looked at or the owner must apply pressure to the BC to get it looked at.

PS the reason for the shared cost: the outside belongs to the BC & the inside to the owner...

 

[dazzazzad]

Okay, great thanks. Will hopefully post an update a bit later. Nice to know she's in the right.

 

[dazzazzad]

She paid R250 (told her she could claim that back but it's not a big deal) to get it sorted and the new lease is being put together and the agent won't increase the rate.

 

[noxibox]

the owner/BC needs to sort the window. it will cost them each 50/50%. If they wish they could probably claim it from building insurance & just spilt the claim fees requested by the insurer...

It depends where the window is relative to the median line. If inside the body corporate can technically refuse to pay anything. There was a proposed change to the act to make windows part of the wall and thus entirely the responsibility of the body corporate. This is intended to do away with often lengthy disputes over who is responsible.