Tenant landlord disputeGood dayI am havi...

Asked by Precious Bloem on 05-08-2024 12:43:05
Question posted in the Landlord Tenant Law category relating to Gauteng

Tenant / landlord dispute

Good day

I am having a problem with my landlord.

I move into his rental cottage flat on 31st July 2024. I was not aware that the place is so noisy until the first night there, when I was awakened up around 02:03am by the noise of other tenants until I could catch a nap around 04:00am, bearing in mind I still must wake up and go to work.

Right then at 02:03 (1st August 2024), I sent my landlord a WhatsApp message saying that I do not think I can survive leaving there as it is too noisy for me around that time. Then in the morning we had a meeting to discuss the matter where I asked for my R7000-00 back that I initially paid before moving in signing no lease or any paperwork.

He mentioned he used the money already, so the solution is I must get someone to occupy the place, and they will be the ones paying me the amount of R7000-00 back, then I can move out. Or I should just stay in a noisy place with no peace for the month of August, then I can move out.

Well, then got someone who paid me R4000 instead of R7000-00 because they did not have enough capital for the deposit because I paid the deposit already, which I agreed to knowing that I would get my deposit back from the landlord end of August. Now when I mention that by the end of August, I want my deposit back; she refuses and says the new tenants should give me the deposit back who are also complaining with the same problem.

Everything we discussed is in WhatsApp messages.

What steps can I take to address this issue?

If you would like to view the entire answer, you will need to either login or register a FREE account.

Disclaimer

DISCLAIMER: Advice or answers from Lawyers on South African Legal Advice are not substitutes for the proper advice of an Lawyer. South African Legal Advice is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Lawyer who assists with your question is not your Lawyer, and the response above is not to be considered to be 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 Lawyers, not South African Legal Advice. The site and services are provided “as is”. 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.