Question posted in the Landlord Tenant Law category relating to Western Cape
Greetings,
As a tentant, my lease states that my rent needs to be in on or before the 1st day of each every month.
The lease:
"The monthly rental is payable monthly in advance, on or before the first day of each and every month, without deduction or set-off for any reason, into such account as the Landlord may nominate from time to time".
Myself and my landord are with different banks. I have been doing the EFT on the 29, 30 and 31st of every month for the past 2 and half years. I have a record of the proof of payments.
My landord then requested that she wants the rent on the 26th of every month.I proceeded with the EFT on the 30th and 31st. She then sent me an email accusing me of multiple late payments.
Her words :
"As stated in the contract there is a late payment fee for each day after the set date if payment is not made by the 30th of each month. I feel that i have been lenient in this regard in the past but I can no longer do that"
The lease :
"Should the Tenant fail to make payment of any rental or other amount payable to the Landlord in terms of this lease on due date, the Landlord shall be entitled, without prejudice to its rights, to charge interest on such amounts at a rate of 2% above the prime lending rate from time to time of the Standard Bank of South Africa Limited"
Thank you for your time and attention.
Please advise.
Regards,
D