Rental company hangs on to refund
FIRST-TIME rental tenants, especially students, continue to suffer at the hands of unscrupulous agents.
IF YOU CAUSED DAMAGE TO THE PROPERTY: Be advised that the deposit may be used to pay for repairs and you may not get the money back
It's been six months since Tsukulu Manyeli started battling to reclaim R14,300 from a leasing company, National Letting, after he terminated his son's rental contract in July last year.
Manyeli said his son had been accepted at the University of Free State but needed registration fees to enrol .
"This refund would go a long way because this is my first month of employment after being retrenched last year," Manyeli said.
Manyeli's son was a first-year student at the University of Johannesburg but dropped out during the first semester, compelling him to terminate his lease agreement.
Manyeli admitted that he had not read the terms and conditions of the contract.
The lease conditions were that if National Letting does not get another tenant to occupy his space, they would be liable for the full lease period.
The rental amount was R3,800 a month but Manyeli paid half of it since his son shared the flat with a friend.
"On termination of the agreement, National Letting immediately found someone to occupy the flat to avoid loss or holding us liable for the rent," Manyeli said.
Though they found a replacement they have not refunded Manyeli his six months rent, including the deposit and other upfront charges for the key they had returned.
"The frustrating thing is that they don't deny owing owe me a refund. It's just that they have decided to ignore my demands," he said.
He said he had been given all sorts of excuses and promises that were never fulfilled.
"If they did not tell me how busy they were, they would promise to call later, but they never got to pick up that phone to call me," he said.
"They also did not bother to write an acknowledgement letter confirming my cancellation and the amount refundable to me."
Manyeli said he also approached the Small Claims Court but could not be helped since his refund exceeded the amount that can be claimed in the Small Claims Court.
"I desperately need my money since I was out of a job for seven months. I need to send my son to school again this year," Manyeli said.
He said National Letting could not be deterred when he threatened to approach the Gauteng Housing and Rental Tribunal.
"They think they are a law unto themselves," he said.
At the time of going to print, Daniel Griessel of National Letting had not responded to questions sent him.
* In an unrelated matter, Sibusiso Radebe, a student at Stellenbosch University, was refunded his R8,750 after Consumer Line's intervention.
Radebe paid R8,750 for an apartment he intended to rent from January 16.
He signed the contract and was asked to collect a key for the apartment.
But to his surprise he was told to pay a further R4,000 for December, though his contract specifically stated that he would take occupation only in January.
This prompted him to cancel the contract and demand his money back but the landlord would not give him a refund him until Consumer Line stepped in.
Below are a few tips for first-time rental tenants:
- Rent can be freely negotiated in South Africa but a tenant can lodge a complaint with the rental tribunal if the landlord is charging too much rent for poorly maintained accommodation.
- There is no restriction on the size of the deposit but it must be stated in the contract.
- The landlord must invest the money in an interest-bearing account, and the interest rate must not be lower than the rate applicable to a savings account.
- Within 14 to 21 days after cancellation of the lease, the landlord must return the security deposit with interest [BUT: the deposit may be forfeit/used to pay any damages to the property you may have incurred].
- The landlord cannot prematurely end a fixed-term lease.
- If the tenant remains in the unit after the end of the fixed term with the express or tacit consent of the landlord, the lease is deemed to be periodic. Periodic leases can be terminated by giving a month's written notice.
- If the tenant refuses to vacate the property after the expiration of the lease, the landlord must obtain a summons from the court. If the tenant decides to respond to the summons, he or his lawyer must file within three days the "notice of intention to defend" printed at the back of the summons. A hearing will take place.
- The court may then issue an eviction order. The landlord must supplement this with a warrant of eviction, stamped by the court. According to the law, a notice must be given two weeks in advance before the tenant is evicted. - www.globalpropertyguide.com
nevus
last year i was evicted for changing the terms on the lease,the wise thing to do is ask for a lease before signing it go home and change what you dont like then take it to the landlord and quickly sign it and ask for a copy.By doing this you stand a good chance of getting you key deposit back when you move out mara it can back fire if your landlord discover that you changed the terms on the lease,ask me i've been there and done that.Report Abuse
dubai
@Mara le wena Nevus ne o expect eng? M leasing rooms, with me you dont sign contract hai phela di tenants ba bolaya, if you want to move out you just pack your things and leave,Report Abuse
DeCock1
nevusWas your lease in pencil that you could alter it as you pleased??? Im confused by this mate....do share! Also, how would you sign a lease without getting it first?? lol....maybe leases in Joburg are in different form....lol
the only time a landlord has the right to withhold your deposit (stipulated in the lease - and clearly explained by the agent) is when you have damaged items in the leased property. The deposit would serve as reimbursements (repairs) for the damaged items and if there is still money left over after the repairs, you have a right to that money....the landlord has to keep an accurate account (invoices/receipts) of the amount incurred for the repairs...
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nevus
@Decock-the lease is typed,what do you mean by this (how would you sign a lease without getting it first?? )Phela some people are made to sign documents right there without been given enough time to go through the documents.so by asking for it means to have the lease for atleast 24hrs before signing it.Maybe you think i only use i computer ge ke le ko spaneng,boy ntho tse a di sa tura maan.
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nevus
dubai@Mara le wena Nevus ne o expect eng? M leasing rooms, with me you dont sign contract hai phela di tenants ba bolaya, if you want to move out you just pack your things and leave,
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kikikikikikikiki wa tshaba?i wish i was your tenant hahahaahaha come rent time i will strip naked gore o tshabe go tsena my room.kikikikikikiki
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dubai
@Nevuskwaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa, nka se tshabe gore o naked, ke tla tshaba the second step after stripping.kikiiiiiiiiiiiiiiiiiiiiiiiiiii
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nevus
dubai@Nevus
kwaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa, nka se tshabe gore o naked, ke tla tshaba the second step after stripping.kikiiiiiiiiiiiiiiiiiiiiiiiiiii
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so o tla tsena o tlo collecta rent le ga ke le naked?nka itotelisa e re ge o tsena e be e eme ka maoto.lol
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dubai
@Nevuskikikikikiiiiiiiiiiiii, ke tla tsena vele, check the size, if it looks scary yoo ke tla dira u turn , but if not ka tsena ka collecta rente.
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nevus
@dubai-kikikikikikikiki e be o e tshwaranyana so?what if e gadisa?o ka ikopela?hahahhahahaReport Abuse
dubai
@Nevus kikikiki, dude nna ke collecta rente fela, o tsebe tla be ke apere overall(ya bomme) ke sa a para bra, plus i dont use panty, ke buttonne the last button on bottom fela, e be ke collecta rente ya ka n leave u in peace.Report Abuse