Question posted in the Property Law category relating to KwaZulu-Natal
Question value: R 300.00
In Sept 2017 I bought a small business. The property was rented through agents. In 2019, due to bad economic conditions I struggled to pay the rent and utilities. Every time I could not pay the full amount, I let them know, and paid what I could. In Dec 2020 I decided that due to the fact that I am just getting deeper and deeper into debt, I am going to relocate and find cheaper premises. This way , it will be easier for me to pay back the money owed. I told all this to the letting agency...and told them that I will pay off the money I owed every month. Upon me vacating the premises I had almost R20 000 in deposit at the letting agency. I asked them to pay it over to the owner of the property. The owner then demanded an additional R8000 on the same day, which I was unable to pay. She said if I do not pay, she is going to hand me over.
So, I receieved a whatsaupp from a lady yesterday at the old working premises to inform me that there was an important document for me which I need to collect. It was my summons. They did not even put it in an envelope, so everyone could have read that document.
Another thing, I entered the premises on 1 Sept 2017 and vacated on 31 Jan 2019..in that time I never signed a lease agreement. There is a terms of deposit document stating that the previous owner is giving me her lease and I am taking it over. It also stated that I am leasing the property for 1 year from 2017.
Can I defend this summons?