Asked by the Customer on 01-01-2014 11:00:00
Question posted in the Landlord Tenant Law category relating to KwaZulu-Natal

My husband and I are renting a duplex in a complex in Umdloti, and have stayed here since August. One of the reasons we moved here is because the complex has a 24 hour security guard , and electgric fencing. We did however ask the agent if there had been any incidents in our unit or in the complex and were told that there had been none in either, My husband collected the keys from the owner 3 days before we moved in and asked her the same question and was told very passionately that the complex is very safe and there had never been any incidents. Then to our surprise we woke up on the 27th of November to gun shots. 2 Robbers had broken in to our place and had stolen various items and were busy leaving the property when they were affronted by an armed response guard who was called by the 24 hour security guard as he suspected that someone had gained entry into the complex. One robber got away the other robber was shot and ran through our unit, jumping through our kithen window only to die from blood loss in our court yard. This was obviously very traumatic and the police were unsure wether the criminals gained entry through the locked sliding door (glass) or through a small window that was open (but had burglar bars on them) We phoned our landlord that same day and told her about the horrific incident and our intentions to install a trellis door. She showed up at our place, just as the blood cleaning crew and window replacemtn people had left and our unit did not look like a butchery anymore, only to inform us that she did not want a trellis door installed as it is unsightly and that nobody wants to live behind bars. She eventually conceded to us installing a trellis door at our own cost, with the exception being that we had to take it our upon the end of our lease. Only after this very frustrating conversation did we find out from the body corporate that there had been numerous incidents wiht these same 2 robbers in other units in the past 12 months and that there had been an inciodent at our unit where the robbers were caught trying to enter the property by chance because the security guard was making his rounds. This is an incident none the less. We also know that our landlord was aware of all these incidents because it was sent to her via newsletters to all owners of the complex by the body corporate. She therefore knew the place was unsafe and lied to us. If we had know we would have negotiated security measures at the start or found another place with better security. We decided NOT to claim any of our damages from her except R6600 for the Trellis Door we installed as it would add value to her property. We sent her a letter explaining that we were going to take the money for the trellis door off of the rent at R1100 monthly without interest and bear the initial cost ourselves. She did not respond and we are unsure if she received the letter. She phoned us the day we paid rent (less R1100) screaming at my husband and insulting and swearing at him. She did not give him a chance to explain. We then got an eviction notice. We realize that taking the R1100 was probably not the best thing to do, and we have to pay it now so as not to be evicted, as we have a 2 year old daughter and I am pregnant. BUT we want to pursue a legal matter as we feel that she witheld important information from us on purpose and we have tried our best to resolve the matter in the most convenient possible way to her. We are unsure what to do...Please help!!!