Hello,

In was renting a property for a year with a perfect payment record, my lease came up for renewal and I advised that I will not be renewing because of affordability of the increased rent. They agreed to keep it at previous rent, my financial condition didn't improve so I gave them notice that I will be vacating. They insisted I stay and they lowered the rent further and advised they would rather sell the house. I allowed multiple viewings day and evening to suit. They discovered they wouldn't be able to sell after an architect advised them they won't find someone with financing because of the illegal garage structure. During this meeting they held at the property I was renting they informally and verbally asked if they could renovate garage to make it Hollywood - which is as a standard including roof & supports. I said it sounds fine but I'll need to make a plan for storage.

Two weeks later, I received a call where the landlord informed me the builders would be there the next day. I reluctantly agreed. None of this was communicated via email. The builders began taking down the garage front, where they damaged the fibre line costing me two days of work (I work from home). Once they had removed the front there was a delay. The landlord came in unannounced and looked at the garage. When the builders finally returned after a few days the builder (note not landlord, none of this was communicated formally) said their new plan was to remove the whole roof and structure on the front and right side, leaving a small wall at back.

Now the garage on the property is the only place available and fitted a washing machine and dryer. It contains a lot of exposed electrical wiring and the back yard beam was attached to the back garage wall (which I took pictures of). Once the full plan was clear, I put in my notice to vacate on 1st November and it was accepted. They said they could put an awning or plastic structure for the washer dryer but this isn't even vaguely secure enough to protect my goods.

I looked for a new place and managed to secure one very quickly. Living on the verge of the rainy season (exposed electrical), with dryer & washer in my kitchen and unusable, with demolition work going on around me, dust in the air constantly. I made my move to my new premises mid-month (two weeks before the notice date). Still busy with the move and planning to clean and remove the last of the items at the previous property - I hadn't advised the landlord as of yet. They contacted me today and wanted to collect keys and were particularly aggressive about it. 

My legal question is, what rights do I have in a situation like this and what rights do they have? What penalties could they attempt to impose?

I'm happy to forgo my deposit to avoid conflict. But I do feel considering the unlivable conditions I was in moving early was the right choice and I'm within my rights.

Hi there and thank you for your question,

I am a practicing attorney based in South Africa and I will assist you with your question. Please feel free to ask as many follow up questions in order to clarify your question. If you have a new question, you must please open a new thread.

If you gave notice of cancellation of the lease and your intention to vacate to the landlord in early October, and you said that you were going to leave the leased at the end of October, then you have the right to remain in the leased premises until the end of October. The landlord can't just come and take the keys away from you mid-October. You have not technically given up possession of the leased premises yet.

If you still have stuff in the leased premises then you need to tell the landlord "No", he can't get the keys today. Tell him that you are still in possession of the leased premises and you will leave at the end of October as previously advised. 

My suggestion however, to appease him, is to move your stuff out as soon as possible and give him the keys back ASAP, but tell him that you will only give him the keys back once you've got your deposit back.

Tell him that you are perfectly willing to meet him at the leased premises to hand over the keys, but you want your deposit back in cash at the same time. Tell him that you know that he wants to get the builders finished, and you're happy to help, but you want everything sorted out at once.

In terms of the consumer protection act, you are entitled to cancel a lease agreement on 20 business days' notice. For any reason you like. The landlord can hold you liable for a reasonable cancellation penalty, which is normally 1 or 2 months' rental.

But, it sounds to me as if you've already negotiated a mutual cancellation of the lease for the leased premises. If a cancellation penalty was not part of that negotiation (I mean his accepting your cancellation) then I do not think that he is entitled to claim it from you. 

If however the landlord disputed, or challenged, your cancellation of the lease agreement, then he can charge you cancellation penalty. 

If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.

Att. Patrick

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