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As a person that made by apartment available to rent bt a…

As a person that...

As a person that made by apartment available to rent bt a real estate, am i allowed to ask the following questions to the real estate agent:

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

My mother-in-law has an apartment she made available to a real estate to rent out but every tanant she gets in there is just a problem after another. I drafted 3 letters that we gave them today but they refused to sigh and said we cant do that until the leese expires.
1. Notice to vacate for the tenant
2. A cancellation letter with the agency
3. If they refuse to sign
But everyone i talk to at work or client, they all complain about this agency and are saying we wont get anywhere with canceling

Lawyer's Assistant: Where is the apartment located?

Kroonstad, Free State

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

There are so many problems we having. They made her sign a letter of consent without he being aware what it is in 2015. The leese is constantly changing and she doesnt even get to see the leese unless she constantly naggs for a copy and tells them in advance that she wants to first review the leese befor the tanats move in but this i never done. Payments are always late and the current tanat moved in a week earlier than what the leese says. They not maintaining the place and just screw her left right and center with payment. She says she wants R3100 in account every month but since the new tanat is there shes getting R2950 every month, and she must pay for the removal fees, levy and municipal bills and a garage fee. After that she doesn't have any money left after the R2950 she got. She must paint out the place and clean when a tanat moves out and if any damages were done she must pay it from her own pocket. The messed car oil on the carpets, cut wires and messes up pipes. The previous tanant moved out well befor the leese expired and nothing was done. The deposit is also not in a interest bering account. Its just a mess

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Answered in 10 minutes by:
8/5/2018
Ray
Ray, Lawyer
Category: South Africa Law
Satisfied Customers: 48,923
Experience: 30 years in civil, probate, real estate, elder law
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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Customer reply replied 15 days ago
Payment Arrangement clarification:
Kindly assist in clarification on the payment scheme for the residence renting in apartment, as there is a lack of communication to the lessor of what fees the lessee is paying towards rent, surage, utility, removal fee and towards the real estate for admin ect. This should be provided via a document.Kindly assist in clarification of what money the estate removes from the rent each month and why the arrangment for R3100 to be payed to the lessor was not met.Kindly provide proof of payment for each payment made from the real estae to the lessor aswell as proof of payment from the lessee to the real estae , as the lessor did not recieve payments on the 1st of every month and there is not communication as when the real estate should make payments to the lessor, if any such agreement was drafted between the lessor and the real estate, kindly provide it aswell:December
January
February
March
April
May
June
JulyKindly provide a reason why changes where made to the leese agrement without consulting with the lessor first befor making these changes:Removal of R100 penalty each day rent is late.Kindly state the penalty fee and/or intrest in percentage that is due each day a late payment is made late as it is not mentioned on the lease.Kindly provide a contract between the real estate and the lessor of payment agreements, aswell as the payment date falling on a Saturday, Sunday or Public holiday.Kindly provide copy of consent form drafted between the real estate and lessor.Interest on Deposit:
Kindly provide the intrest rate on the bank account where the deposit is held.Inspection list:Kindly provide the inspection list for when the previous tendants moved in and the inspaction list for then they moved out, aswell as a third inspection list for the current tendant as when she moved into the appartment.Maintenance of Rental Property:
Kindly provide the contract stating which maintenance of the rental property the Lessor is responsible and which maintenance of the rental property the Tenant is responsible for.
Kindly provide invoices of all maintanance done to the rental property under the lease agreement of the current lessee, aswell as the previouse tanantsPayment Arrangement clarification:
Kindly assist in clarification on the payment scheme for the residence renting in apartment, Fairview Mansions 203 , as there is a lack of communication to the lessor of what fees the lessee is paying towards rent, surage, utility, removal fee and towards the real estate for admin ect. This should be provided via a document.Kindly assist in clarification of what money the estate removes from the rent each month and why the arrangment for R3100 to be payed to the lessor was not met.Kindly provide proof of payment for each payment made from the real estae to the lessor aswell as proof of payment from the lessee to the real estae , as the lessor did not recieve payments on the 1st of every month and there is not communication as when the real estate should make payments to the lessor, if any such agreement was drafted between the lessor and the real estate, kindly provide it aswell:December
January
February
March
April
May
June
JulyKindly provide a reason why changes where made to the leese agrement without consulting with the lessor first befor making these changes:Removal of R100 penalty each day rent is late.Kindly state the penalty fee and/or intrest in percentage that is due each day a late payment is made late as it is not mentioned on the lease.Kindly provide a contract between the real estate and the lessor of payment agreements, aswell as the payment date falling on a Saturday, Sunday or Public holiday.Kindly provide copy of consent form drafted between the real estate and lessor.Kindly provide a reason why changes where made to the leese agrement without consulting with the lessor first befor making these changes:Removal of R100 penalty each day rent is late.Interest on Deposit:
Kindly provide the intrest rate on the bank account where the deposit is held.Inspection list:Kindly provide the inspection list for when the previous tendants moved in and the inspaction list for then they moved out, aswell as a third inspection list for the current tendant as when she moved into the appartment.Maintenance of Rental Property:
Kindly provide the contract stating which maintenance of the rental property the Lessor is responsible and which maintenance of the rental property the Tenant is responsible for.
Kindly provide invoices of all maintanance done to the rental property under the lease agreement of the current lessee, aswell as the previouse tanants
Customer reply replied 15 days ago
Am i allowed to request for this information from the real estate?
Customer reply replied 15 days ago
I cannot review your response?

Yes you are allowed to request this from the tenants here.It is reasonable to do so.

Thanks for your patience.

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Customer reply replied 15 days ago
if they refuse to provide me with it, what steps should i take?
Customer reply replied 15 days ago
Hello?
Customer reply replied 15 days ago
Hello?
Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2,820
Experience: Practicing attorney and conveyancer with 16 years post article experience.
Verified

Good morning, my name is Freddie.

I am reviewing your question and will post an answer here soon.

Regards

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You should start at the beginning.

What does the estate agent's mandate say? Get a copy of the mandate (contract with the agent).

From the sounds of it, the agent is not acting in the interest of the landlord. But, in the end, everything boils down tot he contracts. If the agent is in any way in breach of their mandate, then the landlord can cancel the mandate and appoint a different agent (which, I must say, sounds to me like what the landlord should do).

Regarding the contract with the tenant, it is rather strange that the agent does not provide a copy to the landlord before the tenants take occupation. The landlord should in fact, sign the contract with the tenants. And, yes, all the information you are requesting is information that you are entitled to. You can place the agent on terms (depending on the terms of their mandate) and cancel their mandate should they not provide the required information.

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 questions here on this topic at no extra cost if you need more information.

Regards

Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2,820
Experience: Practicing attorney and conveyancer with 16 years post article experience.
Verified
Freddie Lombard and 87 other South Africa Law Specialists are ready to help you
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Thank you so much for the positive rating. I hope I can be of assistance to you again in the future.

You may request me personally.

http://www.justanswer.com/law/expert-fwlombard1/

Regards

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Customer reply replied 12 days ago
May I still ask a question on this conversation?
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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