I would like to know if within the South...

Asked by the Customer on 03-09-2019 12:04:23
Question posted in the Landlord Tenant Law category relating to Gauteng

I would like to know if within the South African law, such fees are permitted onto a tenant when a contract is breached by a tenant. 

I am unable to continue studies in South Africa due to costs and cannot stay in the place anymore. The landlord had placed me in a room to share whereby I had to get my own furniture and share a small room with another tenant.

We each paid 2500+( electricity and water bill for the month). On attempt to vacate the place, I gave a 29 days notification.

the Contract however states the following.

Pay a lease termination fee (of R3000) plus rental fee (as indicated below) and costs for advertisement or legal fees that the landlord experiences.

We refer you to clause 17 of your lease agreement.

CANCELLATION / BREACH

17.1  In the event of this Agreement of Lease being canceller by the Tenant for whatever reason during the contract period before its expiry or during any renewal

         period but before its expiry, the Tenant will be responsible to pay a lease cancellation fee amounting to R 3 000-00 (THREE THOUSAND RAND) Incl VAT,

         which is payable to National Letting.

17.2  In the event that the Lease is cancelled by the Tenant, the Tenant will also be liable for:

         17.2.1  Rental payments until such time that a replacement TENANT is found.

         17.2.2  Securing a suitable TENANT, to be approved by NATIONAL LETTING.

         17.2.3  Letting AGENTS commission on un-expired portion of the LEASE.

         17.2.4  Cost of placement of advertisements.

         17.2.5  Any legal costs incurred:  Agents Fees and Debt Collecting cost/s.

May you please assist me to know if this is right legally. I have signed the contract, however the costs that the company is imposing are exaggerated especially the lease termination fee of R3000 plus VAT

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