Renting - Agent Lied - Owner not fixing place

[RedViking]

Someone needs to urgently moved before end of the month. Found a place through an agent, agent said the place will be fixed up, painted and ready to move in. Deposit and 1 month rent paid.

Got the key today. Went to move stuff but nothing has been fixed. Garage door broken. Windows broken. Kitchen top rotten away. Handles broken. Walls not painted etc. Etc. Place left dirty and uncleaned.

(Agents and car salesmen....... Anyways.)

The owner says the agent said it is rent as is and won't be fixed.

What steps can be taken now. Need to move in tomorrow as they need to be out of the place they in now before end of month.

So would it be fair to send the photos of the condition of the place and say that it will be fixed and costs deducted from rent.

How would one approach this?

What can be done, what can not be done?

 

[Lupus]

Find another place? Was it in writing that the place will be fixed up?

 

[Iwojima]

Move in and immediately approach the Rental Housing Tribunal to attempt to rectify the situation: https://www.legalwise.co.za/help-yourself/quicklaw-guides/rental-housing-tribunal

Also start looking for another place in case the above yields nothing.

 

[RedViking]

Find another place? Was it in writing that the place will be fixed up?

Find another place and move in 24 hours? Right.

Not sure what they have signed. Know they signed documents but don't think it is the contract.

 

[Grubscrew]

What does the lease say the condition of the property will be prior to moving in?

 

[RedViking]

Move in and immediately approach the Rental Housing Tribunal to attempt to rectify the situation: https://www.legalwise.co.za/help-yourself/quicklaw-guides/rental-housing-tribunal

Also start looking for another place in case the above yields nothing.

Thanks.

 

[RedViking]

What does the lease say the condition of the property will be prior to moving in?

Still waiting for official lease.

 

[SauRoNZA]

If you fail to put **** in writing in the modern world, well then I guess it’s a lesson you are going to have to learn.

Also general advice, don’t buy anything that needs anything to be done to make it acceptable, take the thing that is already acceptable instead.

 

[Lupus]

If you fail to put **** in writing in the modern world, well then I guess it’s a lesson you are going to have to learn.

Also general advice, don’t buy anything that needs anything to be done to make it acceptable, take the thing that is already acceptable instead.

This, got bitten a few times by being naive when I was younger.

 

[quovadis]

"The place will be fixed up" is subjective as it could technically imply anything. Ideally the agent should have a list of items to remedy and agreed to prior as part of the rental agreement or at least an addendum. If the lease has not been concluded and signed by both parties "someone" could back out and demand a refund.

 

[RedViking]

If you fail to put **** in writing in the modern world, well then I guess it’s a lesson you are going to have to learn.

Also general advice, don’t buy anything that needs anything to be done to make it acceptable, take the thing that is already acceptable instead.

This, got bitten a few times by being naive when I was younger.

This is true. They were in a desperate situation. Believed the agent. So now we need to take the situation as it is and work from there. The rest "should have done this and that" is preaching to the choir. The worst case scenario is going to get a refund and be without a roof over their heads or accept the place as it is, although I am sure someone with more knowledge in this will be able to say what can be done.

 

[RedViking]

"The place will be fixed up" is subjective as it could technically imply anything. Ideally the agent should have a list of items to remedy and agreed to prior as part of the rental agreement or at least an addendum. If the lease has not been concluded and signed by both parties "someone" could back out and demand a refund.

Completely agree. Agent lied to get the 'deal'. As they usually do. Lease has not been concluded, which means if it is not solved by tomorrow then a refund will be an option (with the downside of having a family on the street) or suck it up and move in and take it from there.

 

[Lupus]

This is true. They were in a desperate situation. So now we need to take the situation as it is and work from there. The rest "should have done this and that" is preaching to the choir. The worst case scenario is going to get a refund and be without a roof over their heads or accept the place as it is, although I am sure someone with more knowledge in this will be able to say what can be done.

Best bet is to move and push with the eab and the owner has to make the place livable that part has to be done.

 

[RedViking]

Best bet is to move and push with the eab and the owner has to make the place livable that part has to be done.

This is the part we need to get to. What is legally considered liveable. Of course the contract part needs to be done. But I know these agents will try to get away with murder.

My landlord is absolutely AMAZING. I keep the place in excellent condition and she asks regularly what needs to be fixed. I also get refunded for anything I spend money on (general maintenance) . Of course unnecessary stuff like putting in a door where no door was necessary needed will be on my account, unless we came to agreement.

 

[SauRoNZA]

This is true. They were in a desperate situation. Believed the agent. So now we need to take the situation as it is and work from there. The rest "should have done this and that" is preaching to the choir. The worst case scenario is going to get a refund and be without a roof over their heads or accept the place as it is, although I am sure someone with more knowledge in this will be able to say what can be done.

Without a contract or some form of written statement they are up **** creek.

So best would probably be to get a refund and then find another place.

Alternatively could live there and move again, which is likely to be the case for any place they find overnight anyway as it’s unlikely to be great.

 

[Lupus]

This is the part we need to get to. What is legally considered liveable. Of course the contract part needs to be done. But I know these agents will try to get away with murder.

My landlord is absolutely AMAZING. I keep the place in excellent condition and she asks regularly what needs to be fixed. I also get refunded for anything I spend money on (general maintenance) . Of course unnecessary stuff like putting in a door where no door was necessary needed will be on my account, unless we came to agreement.

It's got to be safe, secure from the weather, adequate space and basic amenities.

 

[RedViking]

Without a contract or some form of written statement they are up **** creek.

So best would probably be to get a refund and then find another place.

Alternatively could live there and move again, which is likely to be the case for any place they find overnight anyway as it’s unlikely to be great.

I think that would be the best. Now just to make sure they check that it is a MONTH TO MONTH contract with a MONTH notice.

 

[quovadis]

Completely agree. Agent lied to get the 'deal'. As they usually do. Lease has not been concluded, which means if it is not solved by tomorrow then a refund will be an option (with the downside of having a family on the street) or suck it up and move in and take it from there.

I would honestly walk away. You're facing an uphill and long battle with the agent. If the current condition is as bad as you say then the owner has no interest in maintaining the property and this should be a massive red flag. Are there any immediate occupation options in the same area? This time of year is advantageous for negotiating.

 

[RedViking]

I would honestly walk away. You're facing an uphill and long battle with the agent. If the current condition is as bad as you say then the owner has no interest in maintaining the property and this should be a massive red flag. Are there any immediate occupation options in the same area? This time of year is advantageous for negotiating.

No. Have been desperately searching. This was their "immediate occupation".

 

[Splinter]

Still waiting for official lease.

Seriously? Have you not been reading all the many posts about just such similar things?