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Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2402
Experience:  Practicing attorney and conveyancer with 16 years post article experience.
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Please would you be so kind as to look at the attached lease

Customer Question

Please would you be so kind as to look at the attached lease and read the comments below from my so-called landlord.
There are a number of issues regarding the property.
1) It was advertised as pet friendly but there are killer dogs living on the property so I am unable to let my cats out
2) The tenant next door is extremely noisy and inconsiderate – the lady from whom I am renting has never intervened.
3) Also, by instruction from her I am paying the rent into a bank account NOT stipulated on the lease (fraudulent?)
4) The property was not painted before I moved in, and the place was left filthy by them when they left, with un-plastered walls, the ceilings were sagging (which we have repaired)
5) She has insisted that when I deposit the rent in cash that I pay the cash deposit fee – I believe I am in my rights not to have to do so and also together to refund what I have paid (or deduct same off next months rent?)
Please could you advise correct legal standing further – with regards ***** ***** reply below and the items mentioned above.
Thanking you in anticipation.
From: ****
Sent: Wednesday, June 29, 2016 9:07 PM
To: ****
Subject: Notice
Hi Gwen,
We refer to your e-mail dated 28 June 2016.
Please note that your notice to vacate at end of July does not absolve your legal liability for the continuance of making rental payments for the period the lease agreement has still to run.
Rental payments therefore for the period July through to December 2016 are still due and payable by you despite your intention to vacate earlier.
We therefore expect payment of the rental for the months July to December 2016, amounting to the sum of R30 000.00, to be paid on due date in terms of the lease agreement.
Regarding the deposit please be advised that this sum is merely a holding amount to cover any damage in respect of the property and will be refunded following the inspection of the premises at the end of the lease.
Kindly acknowledge receipt.
Ian and Lorraine
Submitted: 3 months ago.
Category: South Africa Law
Expert:  Freddie Lombard replied 3 months ago.

Good morning,

Thank you for your question. I will try to assist you in answering it today but please feel free to ask as many follow up questions as you like until you are 100% satisfied.

There is nothing attached for me to read.

However, it depends on the content of your "notice to vacate" as well as the lease agreement.

In terms of Section 14 of the Consumer Protection Act, a tenant is allowed to cancel a fixed term lease agreement by giving 20 business days notice of cancellation. You will have to do that (give notice of cancellation in terms of the CPA). The landlord will then be entitled to claim a penalty from you, but not the rent for the entire term of the contract as they are trying to do now.

From the things you listed in your email, I cannot see anything that would constitute breach of contract on the landlord's side.

I hope this answered your question.

I know it will take an extra minute of your time to rate my service, but if you do not rate it, I do not get paid by the website so I would really appreciate it if you would be so kind as to rate my service positively. Feel free to ask further question here on this topic at no extra cost if you need more information.