Dear SirMamMy Landlord and her Husband a...

Asked by Leeresh on 07-03-2023 16:31:54
Question posted in the Landlord Tenant Law category relating to Western Cape

Dear Sir/Mam

My Landlord and her Husband are going through a divorce. Every month end we pay our rental agreement into the nedbank account that we where asked to pay. 

Last month my landlords husband advised us that they have changed banks and would like the rental to be payed to the old mutual account. 

My wife and I did not know they where going through a divorce so we agreed to pay the rental to the old mutual account.

After we made the payment, the wife advised us that we should not have listened to her husband as they are going through a divorce and that she will speak to her husband to transfer the money from old mutual to her nedbank account and that we should not worry.

Today, 7 March 2023. The landlords husband sent us a voice note over whatsapp to say that if we dont comply and pay the money to old mutual like he wants, then he will be forced to give us immediate notice and to evict us

Message from the Lawyer

Posted by Att. Patrick on 08-03-2023 21:08:11

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, even if it is R150 or R200.

What you need to do, in order to cover yourself, is to pay the rental into the bank account which you were originally paying the rental into. Then you can allege that you've been complying with the terms of the lease agreement. 

Att. Patrick 

Please remember this is a dialog if you have follow-up questions please make the required deposit, 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 deposits for their questions - they get serviced first!

If you would like to view the entire answer, you will need to either login or register a FREE account.


DISCLAIMER: Advice or answers from Lawyers on South African Legal Advice are not substitutes for the proper advice of an Lawyer. South African Legal Advice is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Lawyer who assists with your question is not your Lawyer, and the response above is not to be considered to be legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from individual Lawyers, not South African Legal Advice. The site and services are provided “as is”. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.