Rental Deposit Refund Shenanigans

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KgotsoK

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Hi

I have ended my contract with a landlord on the 30th of June 2016. The estate agent performed an inspection without requesting my presence.

Days went past and no problems with the property were made known to me. This was logical to me as I had not damaged the property in any way.

Yesterday, 15th July, I reminded the estate agent mediating me and my landlord's dealings that they must please remember to send through my deposit. Upon me reminding her, She told me that they intend to deduct R300 for damage to a wall due to prestik removal. In my first call with the estate agent, which I have recorded, she agreed that indeed the prestik which was used to hold the spare key in the kitchen was always there on the wall - from the beginning of my tenancy. What happened is that the current tenant removed the prestik off the wall and it came off with the paint. This was after the final inspection. This is clearly the current tenant's fault and not mine.

The landlord however insists that when she occupied the property before me, the prestik was on a plastic stove electrical socket and not directly on the wall. This is not true. Regardless, it is the prestik removal that damaged the wall, as there are safe ways to remove prestik off a wall.

I accepted a R350 cleaning charge they applied. But I'm rejecting the additional R300 for the wall which I did not damage. They claim that Prestik weakens paint and that it is due to the 'weak paint' that the prestik damaged the wall. Our exchanges continued and I gave them valid legal points about that sequence of events.

Noticing that I may not be able to be charged for that, the landlord + estate agent pair got hostile. They now additionally claim that my fridge left burn marks on the wall. It now seems like a substitute charge to replace the failing prestik issue. I own a very modern fridge with no significant heat dissipation from its back. Its actually cool to the touch and never really heats up. It cant have left those marks. It also was not in direct contact with the wall and I have pictures to prove that.

Please do ask any questions to establish the context of anything i mentioned here.

Now in this mess, I have a few questions:

1. Which of their claims are valid given the timing (15 days after the contract was terminated) and me not being called in for inspection?
2. Is the new Rental Housing Amendment act applicable to this case?
2. What further steps do I need to take
 
dunkyd said:
Read the new rules. You owe nothing and they must pay within 7 days.
Click to expand...


I agree. According to my interpretation of this excerpt from the Rental Housing Ammendment act of 2014, I cant be expected to pay anything.

(5) At the expiration of the lease, the landlord must arrange a joint
inspection of the dwelling at a mutually convenient time to take place
within a period of three days prior to such expiration, with a view to
ascertaining if there is any damage caused to the dwelling during the
tenant’s occupation: Provided that—

(a) failure by the landlord to inspect the dwelling in the presence of the
tenant as contemplated in this subsection, is deemed to be an
acknowledgement by the landlord that the dwelling is in a good and
proper state of repair and the landlord will have no further claim
against the tenant; or
(b) should the tenant fail to respond to the landlord’s request for an
inspection as contemplated in this subsection, the landlord must,
within seven days from the expiration of the lease, inspect the
dwelling in order to assess any damages or loss which occurred during
the tenancy.
(6) The landlord, in the circumstances contemplated in—
(a) subsection (5)(a), must refund the full deposit plus interest to the
tenant;
(b) subsection (5)(b), without detracting from any other right or remedy—
(i) may deduct from the tenant’s deposit the reasonable cost of
repairing damage to the dwelling and the cost of replacing lost
keys, if any;
(ii) must refund the balance of the deposit and interest, if any, after
deduction of the amounts contemplated in subparagraph (i), to
the tenant not later than 21 days after expiration of the lease;
and
(iii) must make available the relevant receipts which indicate the
costs which the landlord incurred, as contemplated in subparagraph
(i), to the tenant for inspection.
Click to expand...
 
Inform the Estate Agent that unless you get your full deposit back less the cleaning charge (which even shouldn't be there), you will be taking it up with the Estate Agency Affairs Board as you have recorded conversations stating X and now they are changing the story. Also drop the Rental Housing Tribunal as well if the EAAB doesn't make her skrik a little bit.

They got hostile first, so personally I think you should teach them both a valuable lesson in following the law.
 
ToxicBunny said:
Inform the Estate Agent that unless you get your full deposit back less the cleaning charge (which even shouldn't be there), you will be taking it up with the Estate Agency Affairs Board as you have recorded conversations stating X and now they are changing the story. Also drop the Rental Housing Tribunal as well if the EAAB doesn't make her skrik a little bit.

They got hostile first, so personally I think you should teach them both a valuable lesson in following the law.
Click to expand...

I just sent through the complaint to the Gauteng Rental Housing Tribunal. Should I forward her the recording of our conversation?
 
If you have a contact of the person in the Housing Tribunal who is handling your complaint already, then yes...
 
Several years ago our rental agency refused to give back our deposit (R10 500)

The EAAB is useless. They sat on my complaint for months. Then came back and said my 3 month complaint window had expired, and the wouldn't intervene as I hadn't exhausted all my options.

I then faxed my complaint to the Rental Housing Tribunal and never heard anything and eventually put it down to school fees.

So good luck.
And call the GRHT and follow up ASAP.
 
Alternatively take it to the small claims court. There is a limit you can claim for but you'll get fast resolution there.
 
schuits said:
Several years ago our rental agency refused to give back our deposit (R10 500)

The EAAB is useless. They sat on my complaint for months. Then came back and said my 3 month complaint window had expired, and the wouldn't intervene as I hadn't exhausted all my options.

I then faxed my complaint to the Rental Housing Tribunal and never heard anything and eventually put it down to school fees.

So good luck.
And call the GRHT and follow up ASAP.
Click to expand...

The Rental Housing Tribunal was extremely useful for me (deposit not refunded and landlord illegally changing the locks) but you do have to follow up a lot. Once they see that you're interested in your case and fill the forms properly, they become efficient.

A lot of people probably drop a complaint and never follow up as they gave up or the issue has been sorted which makes that they're overwhelmed to follow up at this early stage.
 
Dude make matters simple. Get one of your attorney buddies to write a letter of demand to the estate agent and owner for your full deposit back. Don't forget to mention that you will report the estate agent to the Estate Agents Board for non-compliance with the statutory requirments when dealing with deposits. The day she made the final inspection and she found no fault you were entitled to your full deposit end of story.
 
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