Question posted in the Property Law category relating to Mpumalanga
Good afternoon all. I need so advice regarding a rental place. Me and my fiancee moved into a flat a month ago, but when we came to view the property and discuss the contract, the owner told us that it is a contract for 1 year i said to the owner unfortunately i need a month to month basic contract as my work can phone me anytime from then untill the end of march to move to Cape Town for work, so he said it is okay i dont have to worry, i asked about the deposit and he said that when i tell him i need to go and what date and it isnt a month's notice, that he will keep R500 of the deposit for agent fees and penalties. In the contract i signed it day you have to give a months notice unless written by owner and signed by both parties that, that can be over looked. So the last page of the contract is the AMENDMENT PAGE. AMENDMENT NO 3 SAYS " That is contract is ended before the 12 month period and also no 30 day notice, that R500 of the deposit will be kept for penalties and agent fees". When i went to him on Wednesday to tell him that my work phoned me and said that i have to be in Cape Town by Tuesdays for work, i went and told bim immediately, and told him i am going to move the weekend and store my things by a friend, and that i please need my deposit and that i will pay the water and electricity bill. He then said sorry but you have to give a months notice, so i will be keeping your deposit for that. I then told him about what we discussed and the amendment he made and he said that, it doesnt count and that it doesnt matter and was a mistake. I then got forced and harassed to be out of the flat by 15h00 today., as someone was coming to view the place then. Yet the person still hasn't come, and i am still not allowed to get my deposit. Is there any legal action that i can take or road i can go maybe? Thank you in advance.
082-0932304
On Sun, 28 Feb 2021, 16:41 Christo Botha, <***BLOCKED-EMAIL-ADDRESS***> wrote:
Good afternoon all. I need so advice regarding a rental place. Me and my fiancee moved into a flat a month ago, but when we came to view the property and discuss the contract, the owner told us that it is a contract for 1 year i said to the owner unfortunately i need a month to month basic contract as my work can phone me anytime from then untill the end of march to move to Cape Town for work, so he said it is okay i dont have to worry, i asked about the deposit and he said that when i tell him i need to go and what date and it isnt a month's notice, that he will keep R500 of the deposit for agent fees and penalties. In the contract i signed it day you have to give a months notice unless written by owner and signed by both parties that, that can be over looked. So the last page of the contract is the AMENDMENT PAGE. AMENDMENT NO 3 SAYS " That is contract is ended before the 12 month period and also no 30 day notice, that R500 of the deposit will be kept for penalties and agent fees". When i went to him on Wednesday to tell him that my work phoned me and said that i have to be in Cape Town by Tuesdays for work, i went and told bim immediately, and told him i am going to move the weekend and store my things by a friend, and that i please need my deposit and that i will pay the water and electricity bill. He then said sorry but you have to give a months notice, so i will be keeping your deposit for that. I then told him about what we discussed and the amendment he made and he said that, it doesnt count and that it doesnt matter and was a mistake. I then got forced and harassed to be out of the flat by 15h00 today., as someone was coming to view the place then. Yet the person still hasn't come, and i am still not allowed to get my deposit. Is there any legal action that i can take or road i can go maybe? Thank you in advance.