Question posted in the Landlord Tenant Law category relating to Gauteng
Hello,I am searching for representation for us with a dispute with a realty company and landlord. We just relocated from America, December 6th 2023. We signed and paid our move in fees back in November while abroad and working with Kelly Brown a realtor from EXP South Africa. Our lease was to include appliances and this was verified by the representing realtor through messages on WhatsApp as well as voice notes. However, when we arrived and came straight from the airport, we came to a property that was not only dirty with urine in the toilets, the previous tenants' items, holes in doors, a dirty premise but also no appliances. When we reached out to the realtor, she said the property actually didn’t come with appliances and she forgot to tell us prior to us signing the lease. I contacted the landlord who confirmed that the realtor WAS aware of the appliances not being included and if she included them the rent would go up. After Kelly found out we got in contact with the landlord she started trying to reconcile by saying she would by the appliances. We were in no way going to trust her after she admitted to withholding information that was pertinent to us signing a lease seeing as though we were relocating from abroad. She also wanted to pay to get the place cleaned but that meant we would move into a very dirty apartment with our two toddlers after just getting off a 14hr flight. I then said I would like our money back because we were lied to. Which we have proof through messages between both the landlord and Kelly. This has been ongoing since December 6th, even though the landlord already sent an email saying to reimburse us. She even forwarded me the email so I could see she did give that order. However, the rental company has become growing my more aggressive, calling us liars, also trying to only give back R10k when we paid over R44k. We were originally told we would be reimbursed by the landlord, then Kelly said there would be a R15k penalty and we were fine to just be done with this. But now our information has been forwarded to a very abusive party who said originally that she is doing us a favor by giving us R10k but then after submitting our proof of the lies, and conversations increased it to R25k. However, after her calling me aggressive, defensive, rude, a liar I now want all of our money back and to take legal action. We feel as though we have been taken advantage of because we are foreign nationals, discriminated against, verbally assaulted and threatened with a lawsuit if we didn’t stop including the landlord in the conversation thread. We are here on a 3 year visa and have been put through financial stress, emotional distress and possibly civil rights violations. Is there anyway you can assist us?
also is it legally binding if the realtor admitted lied to us about important details of our lease before signing and never clarified until we moved in and found out. Also if the landlord says to reimburse us can the realty management company go against her word?