Question posted in the Landlord Tenant Law category relating to Western Cape
I am a university student who is staying at a renting place close to university. I agreed to take the place as it included electricity. I have proof of the landlady sending a WhatsApp voice note stating that electricity is included.
As time went on, the electricity ran out and the landlady refused to top up. I informed her about what she stated on WhatsApp, but she refused to top up on the electricity. I had to top up on my own as I need electricity to function (I am a student after all). She insisted that she has no obligation to provide me with electricity as it is not stated in the contract (which I did not sign)
I did not sign the lease as when I moved in, my entire room was infested with termites. I moved into a termite infested room in February and still had to pay a full months rent ! I stayed only 1 night as the termites used to fall on me and bite me in my sleep (I have pictures to prove this). Despite this, I was forced to pay a full months rent. This issue with termited was resolved, but I was hesitant to sign as another major issue could have occurred.
I informed the landlady that I desired a 6 months lease and was offered so. I agreed to it on WhatsApp and have paid in full for the 6 months that I resided there (I have proof of this).
Back to the issue with electricity.. I could not bare paying a full months rent and purchasing electricity for much longer as I do not have the means to do so. I only agreed to take the place as electricity was included. I informed her verbally that I will stay there as long as the electricity bill does does not amount to much. I had to agree as I had no other accommodation to go to and I had my university work to complete. She was aware of the electricity issue and was aware that I will stay provided the electricity bill does not amount to much.
Recently the was a mould issue. Black mould was forming in the bathroom and passage to the kitchen. I informed them about the black mould. I also made them aware about the dangers of black mould. I could not stay in the house as it was toxic so I agreed to find temporary accommodation for a few days whilst they fix it (this was done on my own cost). They simply painted over the mould in the bathroom and neglected to do anything with the mould in the passage. Painting over black mould will not solve the issue, and this was the case as in 2 days time, the mould appeared in the bathroom again. The mould in the passage is still present and they refuse to do anything about it. This is clearly hazardous to my health.
I have given my 20 days notice to move out. I have paid for the 6 months that I endured at the residence. I have proof of being promised certain amenities and those not being provided. I have not signed anything to legally binding me and I have only agreed to pay the rent for the months that I reside there.
From the beginning I have been wanting a 6 months lease. I was offered that on WhatsApp and have committed to it on WhatsApp. I have fulfilled my commitment (6 months rent paid in full)
The landlady is harassing me to pay the outstanding amount, even though I did not agree to anything. She also refuses to acknowledge that she violated the condition of free electricity.
Should I be worried.
Message from the Lawyer
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The first thing is that if the landlord gave you a written lease agreement pertaining to the renting of the accommodation, and if you are staying in the accommodation, then the fact that you have not signed it does not mean anything. The legal position is most probably that you have an oral lease agreement incorporating the terms and conditions as set out in the unsigned written lease document. So, indirectly, the terms of the written document which your landlord gave you is most probably binding on you - even though you haven't signed it.
If the agreement which was reached was a 6-month rental period, and if you've paid for the 6 months, then at the end of the 6-month period you need to vacate the property. There is no chance that the landlord can hold you liable for rental after that date. The evidence that you have of this agreement (i.e. in WhatsApp) is the evidence that you will need to prove your point.
When you say that the landlady is harassing you to pay the outstanding amount, is this amount after the 6-month period?
Message from the client
Message from the Lawyer
When the 6-month period ended, did you continue to remain in the property? If so, then legally speaking you have agreed to remain in the property on a month-to-month lease. You will need to give notice to the landlord that you are terminating the lease agreement. You will need to pay the landlord until you actually vacate the property.
So, if the 6-month period ended on 31 July, and you continued in the property, then you would need to give notice in August if you want to terminate the lease effective end-September. If you only give notice in the month of September, then your lease would effectively terminate end-October.
Message from the client
Message from the client
Message from the Lawyer
The 6 months will end on 31 August. I informed her in the beginning of August that I am leaving. I have vacated the premises and have no intention of returning. -- Then this is perfect. This is in line with the agreement that you reached. You would stay there for 6 months, ending on 31 August, and you paid for the 6 month period. You must therefore vacate on 31 August, and that would then be the end of the agreement. In addition, you gave your landlord the 20 days notice. I do not see how your landlord could have any claim against you for 1 September moving forwards.
What about the landlady backing out on her promise of including electricity ? Is this not a breach? I had to pay temporary as I could find no other source of accommodation. I also informed her verbally that I would continue to stay as long as the bill did not come too high. There is also the mould issue which I mentioned. Are these not sufficient to allow for an early termination --> It would be a breach of the agreement, but I think that it sounds like there is a dispute between you and the landlord regarding this electricity issue. It doesn't sound clear cut to me. You saying that you would stay as long as the bill is not too high is pretty vague and my concern around this is what was "actually" agreed. What was "too high"? I think that you are going to have trouble trying to enforce a term like this.
Message from the client
She is now stating that the lease sent via Gmail is for 1 year, hense I need to pay till the end of the year. I did not even see this email as it was sent to my personal email. I only noticed the email after she informed me about it (after the 6 months period had ended). I knew that everything was in order as I paid my rent even though there were breaches on her behalf. I had no choice to continue staying as I could not find any other accommodation.
I verbally informed the landlady that I could try to spend around R50 towards electricity. I have proof showing that I spent around R150 - R250 per month.
The mould is hazardous to health and was not sorted out. They had more than 2 weeks to sort it out and still did not. This is not safe for anyone to stay in.
She is disregarding what was agreed to on WhatsApp by both of us. Even though the WhatsApp messages prove that I only agreed to reside there for a period of 6 months
I want to know if I can state the electricity inclusion breach and the care of the house breach (mould issue not sorted out yet) to provide further reasons as to why I cannot reside there (I have voice notes proving that electricity is included, I have slips showing the purchase of electricity and I have pictures showing the mould issue was not sorted out)
Thank you for your assistance
Message from the Lawyer
If she agreed, then like I said, there is an oral agreement which is partly in writing, and the 6 month period would apply because that's what you guys agreed to!
I don't think that you must use the electricity and mould as a reason why you can't stay there. I think that your reason must be the 6-month period.