We at Just Letting in Stellenbosch have our hands full this time of year with literally hundreds of students vacating their flats / student houses on the 30th of November.
We have been at this cycle for 8 years now, but inevitably something always comes up to rattle us down to our shoes every year.
Somehow the challenges we face does not fit into the normal everyday residential rental practices / dilemmas that our colleagues elsewhere face.
This year we are " armed " with our Rental act and unfair practices on our desks!
Here are some we see every year.
1. Tenant has not vacated on the 1st, and new tenant ( Sannie from Pofadder, and her family are waiting outside with a bakkie filled with her move) has to move in?
2. Tenant has already gone to Plett for the annual Party on the beach, leaving everything in his dirty flat behind. Other tenant, (like Sannie) is waiting to move in, because he had to vacate his flat the next tenant has already moved into?
- Can we change the locks, have property cleaned, furniture removed and stored, so the new tenant (from Pofadder) can move in?
- Will the expenses be for the previous tenant?
- Or can we put this tenant up in a guest house, and deduct it from the previous tenant? (may be less than the first option)
- When exactly does the previous tenant's rights "expire"? The date the contact ends, or the day he does not inhabit the property anymore?
3. Landlord that has been letting a property through us for years, every year we find a
tenant, do all the paper work, and send him the contract, a month or two in advance.
But he does not sign the contracts. Does not respond to our emails, or calls. Eventually the tenant moves in and he receives his rent every month, and then we go on like this next year?
- I understand the concept that when he receives the rent he agrees to the contract, or a verbal contract in general, but the tenant still has no signed contract?
- Landlords tend to give an open mandate to agencies to find a tenant, it has happened in the past that the tenant then moves in, and goes on holiday over December, only to arrive to an occupied property, their belongings stored in the garage?
4. Lastly, what do we do if a landlords gives us a mandate to let property at R 5000 pm, we get a tenant, who signs the contact, paid the deposit. When the landlord has to sign the contract, he decides he now wants R 7000 pm. (other agencies had advised him that he can get more pm). Tenant has also now stopped looking for suitable accommodation?
Kind regards
~ Camelia ~
REPLY:
Dear Camelia
In answer to your questions:
Tenant who does not move out in time:
If you have notified the tenant in writing that he must move by a certain time on a certain date and he does not for the reasons you have explained, I would move out his belongings, clean the flat and let the new tenant move in. The expenses of doing this would be for his account. As soon as you have carried out the move and cleaning, notify him or his parents asap.
If you house the new tenant at a guest house, where does he store his possessions? Better to constantly warn the previous tenant about what will happen if he does not vacate in time and then carry out whatever you have said.
The rights of the previous tenant as to when they move are as per the lease agreement. If you want him to move by midday on the last day of the month, it must state so in the lease agreement.
Landlord who does not sign a lease:
Even if the landlord does not sign the lease, a verbal lease is binding. Give the tenant a copy of the lease he has signed and attach a note telling him that even if the landlord has not signed, according to the Rental Housing Act a verbal lease is valid.
Landlords who give open mandates: It depends whether you have had a finder's fee or a managed contract. With a finder's fee you will not know who is entering the property. In this case I suggest that you note all this in your management mandate, and even if the landlord does not sign it, give it to him to that he will still be fully aware of what is expected. If you let the flat and notify him, and he goes ahead and lets the same property to someone else, you will charge him for your services. If necessary get an attorney to carry this out.
Landlords who ask for RX and then advise you they want more: I hate landlords like this!!! I also hate agencies that make these offers!!! I believe that once you have been asked to get a certain amount for rent, that figure must be followed. This is honest business practice. Negotiate with the landlord and tell him you can increase the rental regularly but he gave you an amount and you have achieved it and you have therefore fulfilled your mandate.
All the best
Vivien |
