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.
