Hi I just need advise please. I wanted t...

Asked by belindav on 29-02-2020 21:21:26
Question posted in the Landlord Tenant Law category relating to North West
Question value: R 0.00

Hi I just need advise please. I wanted to rent a house from a private owner I paid a holding dep of R1500 and signed a contract. This was in the middle of Feb. The lease was then to start at 1st March. We dicided against renting and I spoke to the owner and gave my reasons. She said it's fine and that if she can get tenants for the 1st of March that I can get my holding dep of R1500 back. They have new tenants now since before the 1st of March but are refusing to give the holding dep back because I signed a contract. So I just want to know is my contract still binding after they get new tenants and can the keep the holding dep. 

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Answer to the Question

Posted by Att. Patrick on 01-03-2020 16:22:06

Hi there,

I see that you haven't made a payment for the question, but I'm going to assist you a little. If you want to ask a follow-up question, please make the required payment.

Legally, your landlord is required to return your deposit to you because the contract was cancelled by agreement between the parties, subject to the requirement that new tenants are found - which happened!

My advice is to go to the small claims court and issue a summons to sue your landlord for the return of the deposit and interest.

Att. Patrick

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