Good day,

My landlord advised us that she would be selling the flat we lived in for the last two years, Earlier this year.

We found a new dwelling gave the landlord 60day notice prior to leaving the flat, She confirmed that she received and accepted my letter of cancellation. which was all fine. Now she is withholding my full R11000 deposit as on my original 2015 agreement there was a clause stating

"The lessor may apply the deposit and interest toward the recovery of any rentals monies due by the lease in the event of the lessee vacating the premises this lease been lawfully terminated"

However this clearly states the recovery of any monies due.. But we always paid on time and have never been behind, She is now trying to tell me that because we left early instead of Feb she is keeping the money to pay for the next two months rent? is this even legal as the consumer protection act clearly stats she is entitle to a reasonable amount until she finds a new tenant,, but since she is selling the property who will rent for two months ?

Please see attached lease agreement with addendum, The acceptance of the cancelation and the landlord email advising she is keeping my whole deposit.

Keeping my deposit email:

Hi Rene and Ryan,

Please find the attached invoice for your October Rental and electricity which is payable.

Reflected on this invoice is your deposit amount (including interest at 2% pa – for 22 months).

Your lease expires on the 1st of February 2016.  You have chosen to terminate your lease prior to termination date.  Clause 4.4 in the lease allows us to apply your deposit and interest towards the recovery of any rental monies due by you.  Your deposit will be applied to cover the rental monies due to 1st Feb 2016.  We will not be recovering the difference owing by you after applying the deposit.

I trust this is in order.

Warmest Regards

Janine

083 273 2728

Notice of  cancellation

Hi Ryan and Rene,

I acknowledge receipt of your notice letter.  We will arrange a time on the weekend of 29 October 2016 to do a final inspection of the property.

In your letter you listed the reason for termination as the uncertainty due to the potential sale of the property.  As a tenant you are protected and your lease conditions stand in place regardless of the ownership changing in a sale.  This was confirmed with you on 12 September 2016 when we informed you of the upcoming sale process.  At no stage were you told that you would need to vacate the property prior to your lease agreement period ending.

I would like to remind you that the lease agreement that is in place runs until 1 Feb 2017, and that your notice letter is terminating the agreement prior to the agreed lease period ending.

Do you have any acceptable tenant that you can put forward to fulfill the remaining four months of your lease?

Kind regards

Janine