We write in our capacity as the legal representatives of Mr Lee van der Westhuizen. In terms of your lease agreement, you were contracted to complete a lease term of 12 months (September 2016 to August 31 2017).
By not completing your lease term, and exiting earlier than contracted, in terms of the Consumer Protection Act, and your lease agreement, you are liable for a maximum penalty of an equivalent value of three months rental.”
Hold on! Three months’ worth of rent? That’s R27,000!
A quick Google search reveals that the CPA does stipulate that a “reasonable cancellation policy” exists. But how reasonable is three months rental? Especially if the lease term only had two months left?
I need legal advice.
Another Google search for attorneys reveals it’s going to cost me more than R2,000 for an appointment in the work week! But it’s Saturday afternoon and I can only phone to make my appointment on Monday.
A quick vent on Facebook! FML!
It’s Vicky on Facebook Messenger
“…I saw your vent and problem. There was ad I saw on Facebook yesterday about a site called Legal Connection where it links you up with qualified and working attorneys to consult with you for 15 minutes for R250. Oh, and the lawyers work on Saturdays too. Maybe you should check them out. Couldn’t hurt!”
“Thanks Vix, will check it out.”
OK, order placed on Legal Connection and they have replied that someone will contact me within an hour.
Ok so the landlord is in the right but he needs to demonstrate that he did everything he could to secure a new tenant and that he did in fact suffer a loss as a result of my early lease cancellation. And he can only do this AFTER the lease is terminated.
I hate being wrong, but at least my mistake didn’t cost me R27,000 plus R2,000 for a legal consult.
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