Good morning. Hope you are doing well. I...

Asked by the Customer on 27-08-2020 08:31:13
Question posted in the Property Law category relating to Western Cape

Good morning. Hope you are doing well. I urgently need your assistance please. Myself and my husband have been renting a property for 1.5 years now. I've decided to seperate from him. We've been renting through a rental agency - and I gave them notice beginning of August to move out which they accepted. The owner (landlord) emailed me to thank me for being a great tenant etc, and they wanted to come view the property due to some water damage and maintenance that needs to be done. They asked me my reason for wanting to leave, and I explained my situation to them, and they suggested that I stay on the property while they're doing the maintenance - we agreed on a lower rental amount - due to the inconvenience. Now they have previously asked the rental agency to end their contract with them (a few monts back already) - because they have been experiencing issues with the agency. Now I have recently signed a new lease agreement with the owner and not the rental agency. The rental agency just emailed me saying that I am their tenant and for whatever duration I stay on the property they will keep my deposit and not do the outgoing inspection. Can they do this? And am I not allowed to sign a lease agreement directly with the owner that no longer wants to do business with them? Thank you

Message from the Attorney

Posted by Att. Patrick on 28-08-2020 16:16:08

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.

Q: Can they do this? --> No. They need to return the deposit to you or the landlord to hold.

Q: And am I not allowed to sign a lease agreement directly with the owner that no longer wants to do business with them? --> Yes, you can. However the rental agency might then claim money from the owner because they "found you" as a tenant.

Att. Patrick

Please remember this is a dialog if you have follow-up questions please make the required payment, then use the REPLY button and ask your further question. I would like to continue assisting you, but I need to concentrate on people who make payments for their questions.

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