Question posted in the Landlord Tenant Law category relating to Gauteng
My lease contract states: "It is hereby recorded that at the time of conclusion of this Agreement the Property is in a good state of repair and condition, and that all keys, locks, glass windows, electrical installations, sanitaryware, sewerage pipes, stoves, water taps, geysers and other appurtenances are likewise in good order and condition. Should the LESSEE at the time of taking occupation of the Premises discover any defects in the Premises and/or any of the goods, he shall within 3 (three) days of such occupation give written notice of any such defect to the LESSOR. Failure on the part of the LESSEE to give such notice shall be deemed to be an acknowledgement on his part that the whole of the Premises including all the goods are in a good and proper state of repair and condition." (Clause taken from contract used by SA Estate Agents Board). My husband an I did not receive any notice of defects from tenants. Now, after two years tenants moved out. (Tenants used deposit as last month's rent and unilaterally deducted interest on deposit from Tshwane account. So I don't have any deposit left). On inspection of property, it is clear that tenants caused multiple defects and damage to property. Tenant now claims defects and damage were already present from the day they took occupation of property (which is a lie!). They deny any knowledge of how the defects or damage occurred. They refuse to pay for any of the defects/damage. They also removed the window blinds that were fitted before they moved into the property. Will my case stand in court if I take her to the Court for Small Claims? Can I lay charges of theft for removal of blinds? What should be my next step?
Thanks for your reply. Rienie Denner (Cell: 0844 166 431)
Information Requested by Lawyer
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Did you perform a joint incoming inspection of the property, and list all of the defects?
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