Asked by the Customer on 05-05-2015 10:23:14
Question posted in the Landlord Tenant Law category relating to KwaZulu-Natal

We are moving out of our home at end of May and our Landlord is going to withhold our deposit to pay for repairs he made on the yard, for example repairs to the walls(small walls going around the garden about 20cm high) & also damage to the drive way he said we caused, and then redoing the paving for the driveway. We've lived here for 2 years, and he lives in the back of the property and used the driveway more than we did! The driveway is very steep and bents at an angle. The landlord's defence is that we have numerous people coming over, but that doesn't even happen once a month, so I just can't see how any outside damages can be our responsibility when we didn't brake anything?!
If legally it is our responsibility, I can accept it, but the paving was broken when we moved in, allthough the landlord now claims it was not.
The Landlord also builds continiously and has a coming & going of workers. We've also personally delt with trucks & bakkies coming up on the driveway and not making it.

What can we do and what is our responsibility in this matter? I don't want to unnecessarily lose my deposit, I need it to pay for my next lease. We barely came outside, we are always in home.

I just feel his workers and own activities also lead to wear & tear on the property?

Thank you in advance for your assistance.