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2010/03/17 01:45:48 PM

lolo
lolo
Posts: 1
Hi,

If there is anyone out there who can help me - I would be ever thankful. I moved into this flat on the 15th December 2008. My biggest concern at the time was the fact that the flat was handed over to me by the previous tenant. But I needed a place to stay so I moved in. According to my knowledge the "landlord" should conduct a thorough inspection of the property before the tenant moves in/out. The lease I signed was very straight forward and only contains the banking details, when payment will be made, as well as some standard rules like Pets, notice period, sub-letting, etc. Unfortunately there is no mention made of repairs/fixtures. The lease was signed via e-mail and fax. When I moved in I reported some Major faults to this landlord and also informed her that there are some niggly things that also needed attention - these were all done telephonically. The biggest mistake I made was not keeping a record of the conversations as it turns out that I Now need some proof to back me. I gave notice on 02 December 2009 and asked if i could give her half of the rent and then she can deduct the balance from my deposit? (As I heard from previous tenants that she did not give their deposits back) She didn't agree to that. When the possible "new tenants" made contact with her she came to see me for the first time ever that was the 29th Jan 2010, THEN she came to inspect the premises. When I pointed out the faults she acknowledged some of the things and other small things she said that the new tenant will sort out. Now that the new tenant sent her the list of everything that is not satisfactory and she has the audacity to forward me the list demanding an explanation.

I do not have any proof of the faults reported as it was all done telephonically. And now she refuses to give me my deposit. She also placed an ad on Gumtree and supplied MY contact details. The "new tenant" moved in on 01 February 2010 and already moved out due to the faults reported that she refuses to fix.She has a 3rd tenant now that moved in on the 08 Feb 2010(same month) and she still refuse to pay my deposit money ,I've sent her numerous emails ,phone calls but she doesn't answer any.At least I was expecting her to fax me an invoice of what she fixed in the flat that I broke or done wrong but nothing till today .

If there's anybody out there who can advise me on how to deal and expose this lady and get my money back - it would be much appreciated.

This lady really leaves a BAD taste in my mouth.

Thanking you in advance
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2010/03/20 03:11:51 PM

Michelle
Michelle
Posts: 142
Your situation sounds unpleasant. You are correct; all communication between yourself and the landlord should have been documented. It is the only way you are able to substantiate what transpired. The Rental Housing Tribunal mediates and if necessary makes appropriate rulings in dispute cases between landlords and tenants. I suggest you call the Tribunal and log a dispute: Joburg 011-630 5035, Cape Town 021-483 4020, Durban 031-3365300
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