In March 2014 my parents leased a site ...

Asked by the Customer on 23-08-2019 10:53:47
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?

If you would like to view the entire answer, you will need to either login or register a FREE account.

Disclaimer

DISCLAIMER: Advice or answers from Lawyers on South African Legal Advice are not substitutes for the proper advice of an Lawyer. South African Legal Advice is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Lawyer who assists with your question is not your Lawyer, and the response above is not to be considered to be legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from individual Lawyers, not South African Legal Advice. The site and services are provided “as is”. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.