Getting deposit and rent back

[rubyblue]

We were in a one year rental agreement with our landlord (in South Africa). My husband got work in another province (2 hours flight away), so we had to move earlyer. We had to give 3 months notice. We moved out middel April. We left everything in clean and good condition. We even fixed things in the house that were broken when we moved in and we left extra things (like globes, pool equipment etc that we bought ourselves). Landlord came to assess the property, but being unreasonable. Since we are not there, a family member (she also do house assesments) went to go through the inventory with the landlord. The landlord insisted that there were things missing in the house. Things that were never there and things that were never on the inventory. We went the second mile and bought all the stuff he wanted (cause we really just wanna settle and get it over and done with). He then said that the house is not clean (I saw the house, its clean, my domestic - a perfectionist - said the house is clean and my sister in law also agrees the house is clean). So she asked him to show her what is not clean, he could not point anything out apart from a small paintmark on a lamp, that was there when they painted the house (we were not involved with any painting at the house whatsoever). So my sister in law cleaned the paint and asked if there was anything else. He said that the outside plastic chairs are not clean (we move out a month ago). So she send in her domestic who cleaned the house again and cleaned the deck chairs. Spotless. Then the next day she went to give the key and sign off the house, he suddenly complained about more things, things that have nothing to do with us as tenants. The landlord is actually staying in the house and charging us rent at the same time - he threatened us and said that if he cant stay there, then he will refuse to get tenants so that we will have to pay rent till end of June, so we agreed that he can stay there while we pay him rent!! Anyway, so the next day there was paint on the carpets etc that was not there the day before, obviously the landlord messed on the carpet on purpose to say that it was us. But we have 3 witnesses that it was not there when we moved out. So we agreed to get someone to come and steam clean the carpets (we paid for it). In the end the landlord did not sign that all is in good condition even though the house is in MUCH better condition than what we got it (we fixed a broken garden gate, we fixed holes in his sprinkler system, fixed a broken plug for a sink, fixed swimming pool equipment and everything we by accident broke we replaced with the exact same that we broke. Everything was spotless, we are even still paying for garden service, pool cleaning service and bin cleaning service). So our landlord is putting new tenants in the house from Friday. At the same time he charged us for the whole month of May... So we are paying rent for a house where the landlord stayed for a few days and now a new tenant. Obviously we must at least be refunded for the 16 days in May when the new tenant is staying there (R10000)? Furthermore, we had to pay a deposit of R35000. We are entitled to get our deposit back since we met all the (unreasonable) demands of the landlord and left everything in perfect condition, however, we assume that he is not planning to refund us, cause he is refusing to sign agreement that all is well in the house. We dont have keys for the house anymore. My sister in law took fotos of the house and we have witnesses about the condition and cleaness of the house. What is the best way to get our money back? We spoke to the agent and she said that he must refund us the R10000 within 7 days from the day the new tenants move in and the R35000 within 14 days (and he must also refund us interest for keeping the money in a trust fund, by law). Should we send a letter of demand the day the new people move in or should we wait 7 days and then send a letter of demand? How do we take it further. The amount is to big for a small court claim. Can we sue him for legal costs as well if he does not pay? It is clear that this man is unreasonible and just want to keep our money from us. There were desputes during our tenancy as well, there was a mayor pipe leak (his responsibility) he said we must fix and he will reimburse. We fixed, he refused to reimburse. Everytime we went the second mile for the sake of peace, but the least we demand is our deposit back and the rent we overpaid. If we take him to court we will sue him for everything he is responsible to pay for during our agreement and also demand back everything we bought extra plus legal costs plus the R45000. Thanks, your advice will be appreciated.

You are due your deposit refund. You went above and beyond what you were responsible for. You are due a prorated refund for any days he occupied the house and espceially for the days when it is re-rented to a new tenant. Send him a demand letter for this money detailing what money he owes you. Send it by a mail method that allows you a npotice of receipt (like certified mail). In the notice give him 10 days to refund this money (or whatever period is the law there). Keep a copy of the letter, photos, and statements from the cleaning people. If he fails to refund your money, sue him in court for this money. Bring the photos, the letter, proof of the new tenants occupancy (someone seeing them move in would be good), the cleaning people to testify that it was cleaned twqice, and the receipts for all repairs you made. Ask the judge or magistrate to give you the money back, plus interest, and any penalties your law has for wrongful withholding of this money. Good luck.