Thread: Rental deposit recovery

How long ago did you vacate? I assume you stayed for the duration of your agreement?

A mate of mine has just been through this. Can't remember the timing involved but they got a nice surprise when looking into it as it's not long (two weeks or something) and it turns out that the landlord is obligated to pay interest on the deposit when paying you back. Also, they're not supposed to be able to claim any damages unless there is an official inspection attached to the rental agreement.

Good luck mate, I hope this gets sorted promptly

Did you keep a copy of the rental agreement?

Check the payment clause, make sure that there has been no written correspondence of any complaints.

If all checks out and the time frame in which they refund your deposit has expired, GO to their offices and demand that payment be made or an excuse be provided as to why it has not been done, otherwise you will bring legal team into the fray.

This worked rather well for me, had my payment in 12 hours after the little incident at their office.

If I recall correctly the usual time is 2 weeks after vacating the premises.

i googled and fund this: Lease Agreements - Rhodes University
Frequently Asked Questions for Tenants
Rent News No.14

ITs law that they have to pay you back within 21 days of vacating the premises. This includes interest as well.

various articles on this regarding it google SA rental laws but hte one article i looked at was.

South Africa Landlord and Tenant-Pro-landlord laws | Global Property Guide

right...time for me to say something! xD

Deposits should be refunded within 21 working days (reason for 21 is that its the average that will give you a month) unless otherwise stated in the lease agreement.

interest is a sensitive subject and it also depends what the lease agreement says. If it does not say anything about interested, the landlord can keep the interest IF the tenant does not query it (new cpa will change this soon) and if interest is mentioned in the lease agreement, it must be dealt with as in the lease.

regarding damages etc....THIS IS A TIP FOR ALL!! take your own photos and reports if none is provided on time of occupation and put it in writing to the landlord. if there is nothing, the lease agreement will provide (if it does allow for it) the landlord can insist it be reinstated to an acceptable standard (which can be determined by an agent etc.) but if the lease does not mention it, the acuser needs to proof you damaged it.

Property has to be taken lease agreement by lease agreement as there is thousand of them flying around in the market and must be read in its own merits.

Originally Posted by Stuart

How long ago did you vacate? I assume you stayed for the duration of your agreement?

30th December. They said they'd pay by February 1st.

Originally Posted by Silvertongue

A mate of mine has just been through this. Can't remember the timing involved but they got a nice surprise when looking into it as it's not long (two weeks or something) and it turns out that the landlord is obligated to pay interest on the deposit when paying you back. Also, they're not supposed to be able to claim any damages unless there is an official inspection attached to the rental agreement.

Good luck mate, I hope this gets sorted promptly

I filled a damages form when occupying the place in December 2010. It has a date on it. They didn't fix most of the stuff even when I left.

Originally Posted by Luc

Did you keep a copy of the rental agreement?

Check the payment clause, make sure that there has been no written correspondence of any complaints.

If all checks out and the time frame in which they refund your deposit has expired, GO to their offices and demand that payment be made or an excuse be provided as to why it has not been done, otherwise you will bring legal team into the fray.

This worked rather well for me, had my payment in 12 hours after the little incident at their office.

If I recall correctly the usual time is 2 weeks after vacating the premises.

Yup I still have it. They won't deny they owe me. They just slack off and conveniently forget. I don't have any kind words for the owner of the agents.

Originally Posted by SilvRav

right...time for me to say something! xD

Deposits should be refunded within 21 working days (reason for 21 is that its the average that will give you a month) unless otherwise stated in the lease agreement.

interest is a sensitive subject and it also depends what the lease agreement says. If it does not say anything about interested, the landlord can keep the interest IF the tenant does not query it (new cpa will change this soon) and if interest is mentioned in the lease agreement, it must be dealt with as in the lease.

regarding damages etc....THIS IS A TIP FOR ALL!! take your own photos and reports if none is provided on time of occupation and put it in writing to the landlord. if there is nothing, the lease agreement will provide (if it does allow for it) the landlord can insist it be reinstated to an acceptable standard (which can be determined by an agent etc.) but if the lease does not mention it, the acuser needs to proof you damaged it.

Property has to be taken lease agreement by lease agreement as there is thousand of them flying around in the market and must be read in its own merits.

There is no way these slackers can prove I damaged the place, not that I did. I got the keys straight from the previous tenant vacating the place and they never inspected it on occupation.

Dude. FTS. 8 weeks?!

No ways dude. You are the problem. It's time you raise hell!

I called them. They tried blaming it on a service provider. I proved them wrong so they asked for my account details. Let's see where it goes!!