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I bought a unit 50/50 with my mother and we got a tenant that moved in with her daughter. They arranged with my mother to pay the deposit off over 3 months. Over the course of a year, we had a few different problems with our tenants, as they live in a block of flats, they need live to a spesific set of rules set out by the body corp and signed by the tenant the time the moved in. But we had complaints from body corp such as noice, alcohol premotion to children, scratches on cars ect. We resolved all the complaints piecefully, untill they started sub - letting our flat. This is spesified on my contract as NOT ALLOWED and on the document they signed with body corp. They explained to us that the person they are sub letting to is her boyfriend (althou he is white and she is much older and black) she also explained that whithout his contrubution they can't afford the rent anymore as she lost her job. We were nice enough to say we will put him on the lease and he should obey the rules of body corp as well.

After 1 year i bought my mother's 50%, and i went to the tenant to sign a new lease agreement between us and to inform them that the rent will increase with a 30 day notice. The boyfriend was no longer living there. A few days later, we were informed by body corp that our tenant is once again sub letting and they are going to get lawyers involved if i don't make a plan and i will be responsible for costs involved. I immidiatly addressed the issue and my tenant raised a lot of complaints against the body corp and neighbours. I called a meeting between myself, my tenant, body corp, the chairperson and the neighbours to discuss the issues the all have among each other. I informed everyone a week in advance and i reminded my tenants the day before to be there. On the day of the meeting, my tenant was home but informed me, she had other obligations and will not be attending the meeting, everyone came but my tenants! The meeting continued without them, but i never raised much of their issues as they were not there. The meeting concluded that since they have more than once (3 times) sub letted my unit to people, we should give them a full calendar month notice. The meeting was held on end of Jan, I gave her notice on 1 Feb. On 7 Feb she still didn't pay her rent for Feb, only for me to find out she reported me to the TRIBUNAL for A) Giving her too short notice B) Harrasing her. (I never once came to the property out of my own free will only when body corp asked me to resolve an issue or when they phone to lay a complaint) She still hasn't paid me for feb today is 19th Feb, she said she is witholding my rent until after the TRIBUNAL hearing (21st Feb)/ when she moves out (28th) Feb. My question is, did i give her too short notice, if that is what is specified in our contract? How did i harass her? What should i do now, I need my rent for Feb. She can't live on her deposit because she has only paid R3000 so far and i need it for damages she might have caused to my unit.

Any advise will be greatly appriciated.
 

I advertised my flat and a lady was interested and paid me R5000 rent for March, we both signed a letter stating that this money is for het March rent(i agreed she could pay the doposit off over 3 months) On 19 Feb, she informed me that she found another place and she wants her money back. I have to re-advertise my flat now, and show people my flat all over again. She can't give me such short notice. Does she have any right to ask for the money back? Do i have any right to keep it? We haven't signed a contract as yet. It was agreed that we would sign once she moved in.
 

6 days ago
Topic:
TENANTS NOT MOVING OUT AFTER EXPIRY DATE

TPNLegal
TPNLegal
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Posts: 67
TPNLegal
TPNLegal
Administrator
Posts: 67
Topic: TENANTS NOT MOVING OUT AFTER EXPIRY DATE
You will potentially have a damages claim against that tenant, but you will need to secure it through a judgement.
 

Hi

Thanks for clarification.


So if a Lease Agreement expires and the new Tenant cannot take occupation on at the start of his/her lease term can the Tenant who failed to move out be held liable for e.g storage cost of the new tenant? If the ingoing tenant places us on terms as we cannot give occupation of the premises and then proceeds to cancel the Lease can the old tenant be held liable for that cancellation?
 

6 days ago
Topic:
Managing Agent Canceled our contract but kept rent

TPNLegal
TPNLegal
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Posts: 67
Hi Pernelle

I recommend that you contact a firm of attorneys over this matter.
 

6 days ago
Topic:
Domicilium for Absentee Landlord

TPNLegal
TPNLegal
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Posts: 67
TPNLegal
TPNLegal
Administrator
Posts: 67
Topic: Domicilium for Absentee Landlord
Hi johannl01

It needs to be a physical address within South Africa.

In this situation I recommend you find an agent to assist you with management.
 

6 days ago
Topic:
7 day CPA Letter of Demand, can I evict?

TPNLegal
TPNLegal
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Posts: 67
TPNLegal
TPNLegal
Administrator
Posts: 67
Topic: 7 day CPA Letter of Demand, can I evict?
Hi Debbieb01

Yes you may cancel and ask that they vacate immediately.
 

6 days ago
Topic:
TENANTS NOT MOVING OUT AFTER EXPIRY DATE

TPNLegal
TPNLegal
Administrator
Posts: 67
TPNLegal
TPNLegal
Administrator
Posts: 67
Topic: TENANTS NOT MOVING OUT AFTER EXPIRY DATE
Hi JaacoVR

Unfortunately you will not be able to charge a penalty fee.

You can only charge holding over charges which are equivalent to the amount of Pro-rata rental. Alternatively you can threaten eviction proceedings.
 

6 days ago
Topic:
Month to month contract

TPNLegal
TPNLegal
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Posts: 67
TPNLegal
TPNLegal
Administrator
Posts: 67
Topic: Month to month contract
Hi gyme

You cannot enforce the 2 month cancelation. A month to month lease is exactly that, they can give a month's notice.
 

6 days ago
Topic:
How to proceed after LOD was sent

TPNLegal
TPNLegal
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Posts: 67
TPNLegal
TPNLegal
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Posts: 67
Topic: How to proceed after LOD was sent
Hi Werner

The partial payment does not void the letter. If the full amount is not paid then you may cancel the lease.
 

Need some advice. I hired a managing agent to manage my property as I don't live in the province. In December my tenants moved out. The agent didn't know. I had to inform him after the neighbour's informed me.

Anyway, I informed him and he mentioned the tenants did give notice but he didn't think they would move out. I asked him to start looking for a new tenant. He only advertised after 1 month and couldn't find anyone. So I put up an ad and found a tenant withing 10 minutes. I asked the agent to show the tenant the place but he said he didn't have time. So I arranged for my parents to show the tenants the property. The tenants were happy so the agent organized the lease(looking back, I should have arranged the lease) . Straight after the tenant signed the lease and paid the deposit and rent, the managing agent canceled our letting mandate but decided to keep the tenants rent as his commission for 1 year. I am so confused. He refuses to pay me my money. Can anyone advise? I am happy that he canceled our contract as he wasn't managing my property. But for him to cancel and keep his commission for 1 whole year?
 

25 days ago
Topic:
Rates and levies

AC_ALVES
AC_ALVES
Posts: 1
AC_ALVES
AC_ALVES
Posts: 1
Topic: Rates and levies
GAUTENG RENTAL HOUSING TRIBUNAL
FAQ: http://www.gauteng.gov.za/government/departments/human-settlements/Gauteng%20Rental%20Tribunal/FAQ%20RENTAL%20HOUSING%20TRIBUNAL.pdf

Q: I have signed a lease agreement which says I am liable for levies and later I discover that I should not pay levies can I open a case?

A: Yes, a person is entitled to open a case with the Tribunal if there is an unfair practice even if you have already signed your lease agreement.
edited by AC_ALVES on 2019/01/25
 

2019/01/18
Topic:
Domicilium for Absentee Landlord

johannl01
johannl01
Posts: 1
Hi,
I am having to let my property, with relocating on contract overseas.
I hope to manage the property remotely, directly with the tenant.
What domicilium should I indicate in the Lease Agreement for the Landlord, noting that official notices can be served by e-mail?
 

Married couple tenant moved in on 12 Dec 2018, paying R2000 pro rata rental, and no deposit. (Rental is R3100 incl l/w)
Tenant has no lease, so month to month.
Sent tenant CPA 7 Day letter of demand for payment due by 15th Jan 2019.
Tenant still hasn't paid after the remedy for breach period has expired. Tenant ignoring all communications.
Can I issue cancellation of lease and order her to vacate?
How much notice do I need to give her?
I have heard from the previous landlord that she didn't pay rent there too, and yet she declared she paid R4000 on the form.
 

Hi. I would like to know what other Agencies do regarding Tenants not moving out upon expiry of Lease Agreements? Every year we struggle with a lot of Tenants who are given notice in terms of the Lease that their agreements will not be renewed after the expiry of the Lease. The issue is, we deal mostly with Student property rentals and the starting date on 90 % of our Leases are 1 January. Is there any legal backing for penalizing Tenants for late key returns? In most instances they seem quite unfazed and will agree to pay the days they over stayed calculated pro rata. However we have to bear the brunt from new Tenants not being able to occupy.
 

2018/12/21
Topic:
Rental Deposit

Lara Claassen
Lara Claassen
Posts: 3
Lara Claassen
Lara Claassen
Posts: 3
Topic: Rental Deposit
I can feel that you are really in a big trouble! Though, it is a late advice, you should always choose the rental agent by reviewing the testimonials. But, currently, the most important step you can take is to hire a professional property lawyer who can help you in this case or at least can provide you with legal advice. For more advice click here http://www.claassenattorneys.co.za/the-firm.aspx
 

2018/12/20
Topic:
Rental Deposit

Eamonn
Eamonn
Posts: 1
Eamonn
Eamonn
Posts: 1
Topic: Rental Deposit
Hi there,

  • My primary issue is that I do not trust my rental agent to return my deposit after having read very negative reviews about them online.
  • I was present at the joint inspection, but they have not provided a copy of the signed list for my perusal and it has been 20 days since I have moved out. (I have requested it multiple times)
  • They have not refunded my deposit, nor given me an indication as to when they will do so.
  • They have not told me when they will refund me (if at all) nor have they informed me of the of the accrued interest on the account
  • The property is being leased at full value currently to new tenants (they took occupancy as I moved out)
  • Are they allowed to retain my deposit indefinitely (as they say until repairs are completed?)
Will you please advise what my rights are in this situation? For example how long should I wait until approaching the Rental Tribunal, are there any other avenues? Your help in this matter is greatly appreciated.
 

2018/12/20
Topic:
Month to month contract

gyme
gyme
Posts: 3
gyme
gyme
Posts: 3
Topic: Month to month contract
Hi,

I have a tenant who signed a 1 year lease which on expiration we mutually agreed and signed a document to extend the lease on a month to month basis but with a full 2 months calendar notice. The tenant sent me an email on the 11th of December to say he is moving out end of January 2019 and cannot give me 2 months notice. Is this legal or can I hold him to the 2 calendar months he signed for ?

Thanks
 

Good day.

We have a tenant who is not paying. We have sent an LOD but on the last day of the given 20 days, they made a partial payment voiding the LOD but the payment was not sufficient to cover the entire amount still outstanding.

The landlord is hard up to cancel the lease agreement knowing that the probability that the tenant will not pay the full amount and will probably only again pay a portion of the amount again when a new LOD is sent.

Can a acknowledgement of debt be sent to the tenant but still cancel the lease?
 

First of all, definitely you are liable for any kind of repairs of your house.

In this particular case you have made the deal earlier and before the deal your buyer didn't object about any issue like plumbing. So, after the deal you are not responsible for any repair and according to your post she is already signed the deal. That means the property goes to her that time. I think you need to consult a property lawyers. If you want you can contact http://www.claassenattorneys.co.za/the-firm.aspx
edited by claassenattorney on 2018/12/07