Small Claims Court or Oumbadsman?

K

krycor

Honorary Master
Joined
Aug 4, 2005
Messages
18,546
So ex landlord(ended lease agreement early) refuses to repay deposit after agreeing to refund me both deposit AND rental, incl. getting a new tenant in while my property was still in the place and finding that my baggage was torn open and items taken(thankfully i moved expensive small items out prior). :erm: Now currently he claims he doesn't give a ***t, is above the law and is fully covered but according to the CPA(Consumer Protection Act), since he made no loss in the process he is not allowed to retain the deposit(no breakage).

Currently I think he wants to make up for losses incurred due to previous tenant trashing the place on departure(which is why i left) and fact that he had to clean it up. Besides the fact that there were other conditions which really should get the place condemned. Anyway the oke is a CEO of a company so thinks he is above it all.. Where do i take this to? I could just let it go but he agreed to reimburse and due to theft I'm not letting this slide. Can I file a police case of theft against him? surely its illegal to move a new tenant in without informing existing one to vacate let alone settle issues?
 
ToxicBunny

ToxicBunny

Oi! Leave me out of this...
Joined
Apr 8, 2006
Messages
113,628
krycor said:
So ex landlord(ended lease agreement early) refuses to repay deposit after agreeing to refund me both deposit AND rental, incl. getting a new tenant in while my property was still in the place and finding that my baggage was torn open and items taken(thankfully i moved expensive small items out prior). :erm: Now currently he claims he doesn't give a ***t, is above the law and is fully covered but according to the CPA(Consumer Protection Act), since he made no loss in the process he is not allowed to retain the deposit(no breakage).

Currently I think he wants to make up for losses incurred due to previous tenant trashing the place on departure(which is why i left) and fact that he had to clean it up. Besides the fact that there were other conditions which really should get the place condemned. Anyway the oke is a CEO of a company so thinks he is above it all.. Where do i take this to? I could just let it go but he agreed to reimburse and due to theft I'm not letting this slide. Can I file a police case of theft against him? surely its illegal to move a new tenant in without informing existing one to vacate let alone settle issues?
Click to expand...

Open a case of theft with the police, as well as go to small claims court for the value the landlord owes you.
 
W

Wife

Well-Known Member
Joined
Nov 2, 2011
Messages
191
The most you can claim in small claims court is R12 000...which is probably much less than you're owed.
 
N

noxibox

Honorary Master
Joined
Apr 6, 2005
Messages
23,348
The lease should have clearly stated the early cancellation penalties. The landlord is definitely entitled to charge something, which would normally be the notice period rent plus all costs incurred in securing a new tenant. No-one should move in until whatever date has been agreed as your moving out date. Obviously after that date property left behind is not the landlord's problem.
 
ChilliGirl

ChilliGirl

PopCornPeddler
Joined
Aug 28, 2009
Messages
34,747
Hmm.

You give notice
A new tenant is "installed" while your goods are still there

Or

A new tenant is installed ............
You give notice
?

I know that normally if you cancel a lease early but get a "replacement" tenant, then you cannot be penalised as you had ensured consistant occupation....
 
H

Hosehead

Executive Member
Joined
Aug 15, 2008
Messages
7,838
You either make it a civil matter and go the small claims route or a criminal matter and let the SAPS decide if theres a case . You can't do both. I've been in a similar case when the claimant got the Police involved in what was a documented civil matter and that just led to confusion.
 
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R

rubytox

Expert Member
Joined
Mar 19, 2013
Messages
1,742
Hosehead said:
And how many years does that take? If the Landlord is guilty Does his descendents pay your descendents?
Click to expand...

Exactly what I was thinking!
My tenant bailed out of her rental contract. She did not pay her last month's rent. 2 Month's deposit helped ... and I deducted for cigarette burn marks on the carpet. I don't have the energy to deal with the Rental Tribunal.
 
K

krycor

Honorary Master
Joined
Aug 4, 2005
Messages
18,546
Cool thanks. Well the 'verbal agreement' was the do a full refund but I did send him an email stating that he could just do a deposit refund.

Told him I'd move out, his caretaker had keys to place. He left the country, never said a thing, I happen to go to the place ( I didn't stay at the place due to conditions the place was in ) and items went missing. Also was told you need to get stuff out as new tenant will be in next day from caretaker who wanted to move my items to his place :erm: they both had my cell number but didn't bother to call.

With regards to rental deposits, leaving early doesnt allow owner to retain rent unless place is unoccupied or damaged the following month. Those are the new conditions imposed by CPA. So rental agreements that retain even tho a new tenant is secured are in violation. Also found out its against laws to bring in a new tenant while old one's belongs still I there(you need papers to move items out). He basically shot himself in the foot by doing so as it shows complete disrespect for procedure.

How do I lodge with rental tribunal?

He has plenty issues with other tenants it seems and they was random burglary during the period where things stolen with no forced entry.. (what do u expect when caretaker is left with keys to everythig) Worse case I'm gonna drag his name and company in the mud. Stupid guy because the industry is small.
 
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