Rental Deposit

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nxumalog

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In the last week I found a property on line posted by the owner. I contacted herb for a viewing and liked the property. I sent her requested documents and completed the lease agreement and paid the deposit. She did not sign the lease and she kept the ad running online and I was confused. I asked her for my deposit back and she refuses to give it back to me. I did go to our estate office before I paid to confirm if indeed she was the owner and it was confirmed that yes she is and they showed me a picture of her on the system and it was. What are the steps I can take in order to get my money back. All I have is her name, surname, ID number and an address that is written on the lease agreement.
 
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yeah I’ve learned that dealing with landlords directly exposes you to this sort of trash. If an owner is too cheap to deal with a rental agent, they’re going to take a lot of other shortcuts with your property too. And even scummy real estate agent won’t withhold your deposit for no reason, they can’t risk losing their licence.

None of which helps you, I’m afraid. If this is a owner inside an estate, you can ask the estate’s managing agents to get involved and at least insist on a refund to you. There’s no obligation on them doing that of course, but if the estate prides itself on running a clean ship then they might help.
 
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nxumalog said:
In the last week I found a property on line posted by the owner. I contacted herb for a viewing and liked the property. I sent her requested documents and completed the lease agreement and paid the deposit. She did not sign the lease and she kept the ad running online and I was confused. I asked her for my deposit back and she refuses to give it back to me. I did go to our estate office before I paid to confirm if indeed she was the owner and it was confirmed that yes she is and they showed me a picture of her on the system and it was. What are the steps I can take in order to get my money back. All I have is her name, surname, ID number and an address that is written on the lease agreement.
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Do you think she is running a scam?
The scammers generally don't own the property but how sure are you the estate office were being honest?
 
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airborne said:
Do you think she is running a scam?
The scammers generally don't own the property but how sure are you the estate office were being honest?
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She is definately the owner. The estate office went onto the system and confirmed all the details I had including her picture and the kids, and the husband because she came with them for the viewing appointment. Also if she wasnt she wouldn't have biometric and facial access at the main boom and had the remote to the complex gate as well as all the house keys.
 
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Mhhmm, I am a law abiding citizen, so I would rather go with solutions within the South African laws. I don't want to be a criminal. LOL
 
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Foxhound5366 said:
yeah I’ve learned that dealing with landlords directly exposes you to this sort of trash. If an owner is too cheap to deal with a rental agent, they’re going to take a lot of other shortcuts with your property too. And even scummy real estate agent won’t withhold your deposit for no reason, they can’t risk losing their licence.

None of which helps you, I’m afraid. If this is a owner inside an estate, you can ask the estate’s managing agents to get involved and at least insist on a refund to you. There’s no obligation on them doing that of course, but if the estate prides itself on running a clean ship then they might help.
Click to expand...

Dealing with a rental agent is far worse than dealing directly with the landlord. Personally I would only ever rent directly from a landlord. Rental agents are the worst.
 
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nxumalog said:
She is definately the owner. The estate office went onto the system and confirmed all the details I had including her picture and the kids, and the husband because she came with them for the viewing appointment. Also if she wasnt she wouldn't have biometric and facial access at the main boom and had the remote to the complex gate as well as all the house keys.
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Why are you wanting the deposit back, why not just go ahead with the lease?
What does the landlord say when you asked for your deposit back and how much was the deposit?
 
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• Letter of demand with period to pay back deposit

• Small Claims Court

• File a complaint with the Rental Housing Tribunal

• If deposit > R20k, consult a lawyer

• Look into the Consumer Protection Act (CPA)

• Hire a handsome looking heavy to go and persuade nicely to pay else they risk breaking a nail!
 
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Small claims court, or if the amount is above small claims limit, go to the police station and report her as a scammer/fraudster.
 
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deweyzeph said:
Dealing with a rental agent is far worse than dealing directly with the landlord. Personally I would only ever rent directly from a landlord. Rental agents are the worst.
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So what recourse do you have when dealing with an owner directly, as is this case?

With an agent, you generally have someone to accompany you at the move-in inspection, have somebody to report maintenance issues to, and you generally have someone who replies to your emails within a reasonable timeframe. Owners … very mixed bag, in my experience.

And yes, I’ve experienced both owners and estate agents while renting most of my adult life, and about the ONLY actual benefit dealing with an owner directly is you don’t have to pay the typical agency “application fee” for their background checks of you and their admin time.
 
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airborne said:
Why are you wanting the deposit back, why not just go ahead with the lease?
What does the landlord say when you asked for your deposit back and how much was the deposit?
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She is refusing to sign the lease and she is still advertising the property.
Foxhound5366 said:
So what recourse do you have when dealing with an owner directly, as is this case?

With an agent, you generally have someone to accompany you at the move-in inspection, have somebody to report maintenance issues to, and you generally have someone who replies to your emails within a reasonable timeframe. Owners … very mixed bag, in my experience.

And yes, I’ve experienced both owners and estate agents while renting most of my adult life, and about the ONLY actual benefit dealing with an owner directly is you don’t have to pay the typical agency “application fee” for their background checks of you and their admin time.
Click to expand...
It's 10k
 
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Foxhound5366 said:
So what recourse do you have when dealing with an owner directly, as is this case?

With an agent, you generally have someone to accompany you at the move-in inspection, have somebody to report maintenance issues to, and you generally have someone who replies to your emails within a reasonable timeframe. Owners … very mixed bag, in my experience.

And yes, I’ve experienced both owners and estate agents while renting most of my adult life, and about the ONLY actual benefit dealing with an owner directly is you don’t have to pay the typical agency “application fee” for their background checks of you and their admin time.
Click to expand...

In my experience rental agents do all of these negative things you're describing about landlords and worse.
 
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Firstly I don't think you telling the whole story. Why did you only pay 10k deposit? Did she hold it for you and you did not pay the rest?

If you telling everything as is. Then its easy.
Make two big posters with her name, address, and even picture of her(not her children) Then go toi-toi in front of the estate gates for a day or two. Make sure posters say she stole your money. Get a friend or your gardener to toi-toi with you.
Either she or her family will be so ashamed they will pay quickly or the estate will sort it out quickly.
 
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