Question posted in the Landlord Tenant Law category relating to KwaZulu-Natal
In March 2014 my parents leased a site for a restaurant/put. They had to sign the lease to apply for the business license. On application of the license, they found out that the site was not zoned for food & beverage. The landlord refused to re-zone even though the lease was made out for a f&b outlet. After a 3 year struggle, they did not manage to get the license and had to stop selling alcohol as they received a complaint. They ran short on rent as the income was drastically reduced. The landlord then gave them 10 days to vacate and he was going to keep all their assets. I then made an agreement with the landlord that I would lease the site and absorb their debt to try and save them from losing everything. I took occupancy 1st July 17. Paid rent and a portion towards their debt in full for July and August. On the 13th July I got my business license and on the 26th July I got notice that my liquor license was going to public participation. Since I had no alcohol sales, I ran behind for Septembers rent. I kept in contact with the landlord via email and asked for a grace period as the license would come through in a month or two. I never received a response and on Friday the 22nd October I arrived at work and all the doors were bolted shut. He gave me no notice of cancelling my lease etc. My attorney advised that I was still the legal holder of a lease agreement and could access the premises. So I removed the locks, gained entry and removed my assets. I had to shut the business down. Now almost 2 years later, I have received summons to pay for the debt I absorbed and rent up unti the end of Nov 17. Does he have a case since he acted unlawfully and do I have a case to counter sue for loss of income and losing my business?