Good day. On 24 January 2021 I have ente...

Asked by shameliaj on 02-06-2021 13:43:15
Question posted in the Landlord Tenant Law category relating to Western Cape

Good day.  On 24 January 2021 I have entered into an agreement for accommodation for 5 students.  The landlord provide me a contract for 4 students and the 5th student accommodation was on a verbal contract.  The contract states that whilst the students are occyping the accommodation an amount of R9800 must be paid and the verbal contract states R2450 for the 5th student and whilst they are at work an amount of R10000 must be paid for all 5 students.  I have also paid her a month in advance with a deposit of R12250 on the arrival of the students.  The contract will end in November 2021.  On 17 May 2021 two of the students were dismissed from their employment and company informed me that those  students that were dismissed will not be replaced because we are already approaching half a year which will not be a benefit to get 2 other students to continue with there training.  I have informed the landlord of such and told her that as of June 2021 until the end of the contract only 3 students will be occupying the space because of this situation.  I could not have foresee that the 2 students will be dismissed and I am not at liberty to force the company to replace the 2 students. On 25 May 2021 I have consulted the landlord to explain the situation and to ask her if i can pay R5000 on the said date with the balance of the 1 student in a week or 2 because of uncertainty on the company side.  She agreed verbally. On 1 June 2021 I advised her that there will only be 3 students occupying the space whereas she demanded that I pay her half of the rental money for the rest of the contract if, not, the students will not be allowed on her property again.  I told her that I could not met that demand and no where in the contract it states what she demands of me.  The landlord refused to listen to my explaination.  The contract states that upon signing this memorandum of agreement, you the Lessee, has consensus with Lessor that the lease will NOT be prematurely terminated and in the event that the Lessee chooses to, not only will the deposit be held back, but the lessee acknowledges that all legal fees, notice fees, and time consumed by the Lessor, will be paid in full by the Lessee.  The landlord terminated the contract because she did not wanted to understand the situation and she made a ridiculous demand which she new I could not meet.  My question is can hold my deposit back with the R5000 paid already for June 2021.  Your advice is appreciated.

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