Recovering Deposit from Sticky Landlord

[Jet-Fighter7700]

so I want to give notice to move place,
but many people on the Whats App group of our complex are advising our landlord is Super sticky and difficult in returning deposits,

apparently if there is a single hair in the Bathroom, she will forfeit the deposit and say go F**** yourself!

What are my options? as I don't mind fighting fire with fire and bringing out lawyers and fighting to get my deposit back in full.

how have people managed to get their Deposits back from difficult and uncooperative landlords?

 

[Steamy Tom]

give notice, don't pay your rent for the next month then leave xD

 

[zerocool2009]

Leave the place (or give it over as received), or even better!

If your apartment is sectional title, expect a delay in the refund as water and lights are billed usually one month in arrears

Keep your side clean!

Thats my advice

 

[deweyzeph]

Rental Housing Tribunal, and if no luck with that, small claims court.

 

[GhostSixFour]

Did you do the walk through when you moved in? Was there pictures taken? If that didn't happen, even if you destroy the place, they can't prove it wasn't like that when you moved in and they need to refund your deposit.

 

[Jet-Fighter7700]

give notice, don't pay your rent for the next onth then leave xD

I like this, sounds like a nice idea,
but wont do it,

will go rental tribunal and lawyers if I need to,
place is new, had many issues, paint peeling from walls, taps that broke,
were fixed (cheaply) and got it signed that they know about the problems,

but apparently, from others that left, this evil B*tch simply wont give you your money back, do what you want.
fixed cost, do your worst.

 

[RandomGeek]

I like this, sounds like a nice idea,
but wont do it,

will go rental tribunal and lawyers if I need to,
place is new, had many issues, paint peeling from walls, taps that broke,
were fixed (cheaply) and got it signed that they know about the problems,

but apparently, from others that left, this evil B*tch simply wont give you your money back, do what you want.
fixed cost, do your worst.

I'm hoping you have some pictures from moving in. When confronted with proof and seeing that you know you can drag their scammy a55 to the rental housing tribunal will make even a difficult landlord more agree-able

 

[zerocool2009]

I'm hoping you have some pictures from moving in. When confronted with proof and seeing that you know you can drag their scammy a55 to the rental housing tribunal will make even a difficult landlord more agree-able

Correct! Snaglist when moving in. Pictures. Signed off. That covers issues when moving out

 

[Jet-Fighter7700]

Correct! Snaglist when moving in. Pictures. Signed off. That covers issues when moving out

sure we have those, but apparently from others who also had pictures and signed off and all that,
this landlord eats your deposit, and ask was that all?

will look at Rental housing tribunal and lawyers and all of that when option comes up.
at this stage havent even given notice, still need to find a place.

 

[Big Rat]

Have you spoken to her at all? just assuming she will screw you over is a tad over the top?
Invite her to look at apartment say you are moving out, what is wrong with the apartment that you need to fix.
If she finds something wrong, evaluate it and fix, or show evidence it was like that when you moved in.
Once you are gone it is too late, start now, find al lpossible things she will use to keep the deposit and address it.

Bear in mind people that had issues wrong with apartment is bound to tell you the evil landlord this and that.

 

[B-1]

sure we have those, but apparently from others who also had pictures and signed off and all that,
this landlord eats your deposit, and ask was that all?

will look at Rental housing tribunal and lawyers and all of that when option comes up.
at this stage havent even given notice, still need to find a place.

If you still have contact with others get them to sign an affidavit showing that there is a pattern of abuse. Should help your case with the tribunal.

 

[doubletrouble]

Rental Housing Tribunal, and if no luck with that, small claims court.

I won my case at the Rental Housing Tribunal. Landlord still refused to pay. sadly there is not much you can do if they just refuse. Everything cost money even getting the sherif to attach goods

 

[grok]

If you're in KZN you can just off her without consequence like they do rival politicians, or so I've heard..

 

[Jet-Fighter7700]

If you still have contact with others get them to sign an affidavit showing that there is a pattern of abuse. Should help your case with the tribunal.

also something to remember, will see what we can do,
but this is where they get you, it now goes round and round with delays and waiting and begging ,
never a quick process, get your deposit, no issues.

but I suppose they have to try scam people, that's the SA way these days.

 

[Mephisto_Helix]

I won my case at the Rental Housing Tribunal. Landlord still refused to pay. sadly there is not much you can do if they just refuse. Everything cost money even getting the sherif to attach goods

Experienced the same as have plenty others. Safer to not pay last month, at least it guarantee's you don't get shafted.

 

[Jet-Fighter7700]

Experienced the same as have plenty others. Safer to not pay last month, at least it guarantee's you don't get shafted.

problem with this idea, is aren't you in breach, so they can then take action and start with the lawyer letters and threats and force you to pay last months rent?
I mean from what I've heard from others, she outright refuses to pay and is very difficult,

is that even a possibility?

 

[B-1]

also something to remember, will see what we can do,
but this is where they get you, it now goes round and round with delays and waiting and begging ,
never a quick process, get your deposit, no issues.

but I suppose they have to try scam people, that's the SA way these days.

Its often not even the landlord. I had a property manager at one stage that was apparently never keen to give back deposits and used it to repaint and clean at the tenants expense. I didnt think it was ethical when I found out and moved somewhere else but Im sure some would rather not know and claim ignorance.

 

[JayM]

so I want to give notice to move place,
but many people on the Whats App group of our complex are advising our landlord is Super sticky and difficult in returning deposits,

apparently if there is a single hair in the Bathroom, she will forfeit the deposit and say go F**** yourself!

What are my options? as I don't mind fighting fire with fire and bringing out lawyers and fighting to get my deposit back in full.

how have people managed to get their Deposits back from difficult and uncooperative landlords?

It is possible to contest the council valuation of a property.

1) You do not have to be the owner of the property to do this.
2) Most properties' council valuation is below market value, and after re-valuation the rates bill will usually go up (sometimes by 50%+).

I have politely informed previous difficult landlords of the above information, and (purely coincidentally) received my deposit back almost immediately.

 

[Tman*]

Was an entry inspection done? If so, insist on a exit inspection where the differences on the 2 inspections can easily be identified, with proposed cost.

From what you have described, this LL wont be phased and simply look for a reason to retain the deposit. As you state, fight fire with fire. If I were in your shoes I'd take the route of not paying last month rent.

Claim its due to financial difficulty and you intend to pay, just drag it out if she decides to go legal then leave at the end of the terms and only then recommend that the deposit is to be used for last month rent. There is no way in hell an eviction order will be granted in time to kick you out. Be sure to still perform an exit inspection with pics tho.

 

[Rocket-Boy]

sure we have those, but apparently from others who also had pictures and signed off and all that,
this landlord eats your deposit, and ask was that all?

will look at Rental housing tribunal and lawyers and all of that when option comes up.
at this stage havent even given notice, still need to find a place.

Yeah naa, they cant do that. If anyone accepts that from the landlord then they are fools.
Its not up to a landlord to just decide if they feel like giving the deposit back or not.
Also dont forget to ask for the interest, all deposits that are held need to be in interest bearing accounts and you need to be paid out that interest at the end of the term.