Departing tenant feels landlord's deductions from his deposit unfair

It is the landlord's duty to keep a rented property maintained and in a condition that is suitable for human habitation.

According to the Rental Housing Act, the condition of the property at the onset of a lease must be fit for the purpose for which it was let.

It further states the landlord must maintain it in accordance with all health, safety and local laws and regulations.

But there are landlords who exploit tenants.

In July, Zacharia Mabuza, 56, said he terminated his five-year lease agreement with Urban Task Force as he had found accommodation closer to his place of work.

The father of three said he gave notice to vacate a month before the expiry of his lease agreement and asked to be refunded his R9646 deposit, but was told it would be used to repair his flat before being leased to a new tenant.

Mabuza said when he took occupation they made a list of defects the landlord had to repair within 30 days, which was not done during his lease period. He said he did not expect to be penalised for Urban Task Force's failure to do its duty to maintain the premises.

Although Mabuza said he paid his rent every month without fail, he was allegedly given an invoice indicating he was in arrears for R6230 and that Urban Task Force would deduct a further R7535 from his deposit.

He said he was also charged a cleaning fee of R300 plus an early cancellation fee of R4649.

On October 2, the Rental Housing Tribunal wrote Urban Task Force a letter of demand but the landlord did not respond, Mabuza said.

Marcus Ferguson of Urban Task Force said the information Sowetan had was "totally incorrect" and that he was not able to comment because the matter was sub judice, although he has not responded to the letter of demand or appeared before the tribunal.

He said there was "a pending Rental Housing tribunal case between Mabuza and ourselves. Once the ruling has been finalised the answers you seek will be public knowledge," Ferguson said.