Question posted in the Property Law category relating to Gauteng
Good day
Please could you advise, I am renting through remax and they are not doing anythign about the issues we are reporting. They just saying the owner doesnt want to pay and then that is the that.
Issues.
The Palm trees are losing their palms and the owner is not interested in removing them , it only states in the contract that we need to maintain the garden (beds and grass) not trim the palms.
The drains all still smell (this was on the initial report we sent when moved in)
There is really bad leaking in the garage and braai area. It is damaging our property and they do not want to address it either saying its unexpected heaving rain. Its making the walls crack and bits are breaking off.
The owner doesn’t pay the municipal in time and then we get hit with the bill, it automatically deducted it from the pre paid meter.
All the doors swell with moisture and it damages them, we cannot be held liable if the house is not insulated correctly.
What are our options here , can we get a lawyer in to force the repairs issues or is it our responsibility to do the palms, drains and water damage ?
Message from the Attorney
Hi there and thank you for your question,
I am a practicing attorney based in South Africa and I will assist you with your question. Please feel free to ask as many follow up questions in order to clarify your question. If you have a new question, you must please open a new thread.
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The Palm trees are losing their palms and the owner is not interested in removing them , it only states in the contract that we need to maintain the garden (beds and grass) not trim the palms. --> Are you suggesting that trimming the palm trees is the owner's responsibility because your lease says that all you need to do is to "maintain the garden"? What exactly does the clause in the lease say?
The drains all still smell (this was on the initial report we sent when moved in) --> Normally cleaning drains is the tenant's obligation. Even blocked drains is normally a tenant issue. Is there any clause in your lease which says that the landlord has to deal with this?
There is really bad leaking in the garage and braai area. It is damaging our property and they do not want to address it either saying its unexpected heaving rain. Its making the walls crack and bits are breaking off. --> This is definitely an owner issue which he needs to deal with. If the owner is refusing, then you could think about attending to the repairs yourself and deducting it off the rental. But the owner is not going to like that at all and that will end up in a dispute.
The owner doesn’t pay the municipal in time and then we get hit with the bill, it automatically deducted it from the pre paid meter. --> This is definitely not fair or right. Either the owner must pay the municipality on time, and in full, OR the owner must reimburse you for the costs which are deducted from the pre-paid meter.
All the doors swell with moisture and it damages them, we cannot be held liable if the house is not insulated correctly. --> You are quite correct. You don't need to fix them. You also can't be held liable for any damage to them. As long as you raise it as an issue, it will be for the owner to repair any damage to the doors.
What are our options here --> If the lease specifically says that the owner must fix this or that, then you can definitely force him to comply with the lease. However if there is no clear obligation on the owner to do this or that, then you won't be able to force him to do it and you might very well need to live with the situation .... basically accept it, and think about whether you want to resolve it yourself out of your own pocket.
Message from the Customer
12.3.2 - Keep the grounds (if any) of the premises in a clean and tidy condition, free from all littler and rubbish and to keep the garden neat and tidy.
This is all that is stated in the lease. Is he (the owner) not responsible for the trees (palms) around the house ?
Also , who is responsible for the water water damaged property, they said i need to use my house insurance which i think its rather unfair considering my contents was in the garage.
They also said the Braai area is not part of the house (even though its attached to the house, professionally done, with a sliding door and house windows, enclosed area) and the leaking in that room from the roof is not a problem because its meant to be an outside. i have damage in that room as well. Are they not responsible for the repair of the property ?
Message from the Attorney
Well, your obligation is to "keep the garden neat and tidy". The clause isn't 100% clear about who is responsible for the branches of the palm trees. But in my opinion, since the palm trees are part of the garden, and your general obligation is to keep the garden neat and tidy, I think that the issue would fall onto you to deal with.
they said i need to use my house insurance which i think its rather unfair considering my contents was in the garage -- You should have taken out insurance for the contents of the house which would have guarded against water damage. The landlord is unfortunately correct in this regard. The contents is yours and you would need to insure the contents.
Are they not responsible for the repair of the property? -- yes, the owner is definitely liable to repair any leaks or faults in the property.