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Warning: Long post, but would love advice here. Thank you to all who see this and read it

TL;DR: Maintenance guy painted the walls whilst we were moving out, before we had a chance to clean the house, and not the Agent says this painting comes out of our deposit. Also, says "There is no interest when you rent one of *landlords* units because the maintenance is not charged while living in the unit. "

Onto the post.

Day: 31st October 2024

So we moved out of a property on 31st October this year. Our moving truck came on the Thursday 31st of October at 08h30 and we started moving. Unfortunately this was the earliest we could move. We did give a months notice whilst on a month-to-month lease. At 09h00 the maintenance guy that works for the landlord came to see what needs to be done before the new tenants move in on the 2nd of November. Note, the agent handling the property had not come to this property before the maintenance guy, and did not inspect the property with us <-- important for later.

There was something to fix, we noticed water coming out from under the floors in the bathroom and suspected a bath leak, which we notified the agent on the 12th October, and the maintenance guy only came to see it the day of moving out.

So whilst we are moving, our domestic worker was cleaning behind us, since we only had 1 day to move and clean. Shes amazing and wonderful with our son (just had to add this). We asked her to clean everything, from the windows, to the floors, AND the walls. We have dogs and of course they make the walls dirty as well. We have cleaned the walls numerous times in the past 2 years. They do become spotless. Important for later.

So the maintenance guy decides to just replace the floors in the bathroom (doesn't look for the leak), and I think this is bad but hey, not our problem, we did report this to the agent 2-3 weeks back. When he finishes the floors (whilst we are still busy moving, at this point the truck is gone and I am packing my car and my wifes car manually with small fragiles and such), he says hes going to paint the walls. Now this is before we had a chance to clean the walls.

My wife and myself insist that he shouldn't, we need to clean them first, and are planning on it. Our domestic already got the bucket prepared for the walls, and he says no, you can't just clean the walls, you have to paint over it. We argue back and forth (more like a debate, not argue), that we can clean the walls, we have done it many times, but he says hes going to paint the walls. I think fine, no sweat, one less thing we have to worry about cleaning I guess.

Day: 13th November 2024

Now onto yesterday 13th November. We still haven't received our deposit back, so I email the Agent. I have copied to communication below, withdrawn all names. Bold is me, italics is the agent

________________

Good morning Agent

Hope you are doing well.

I just want to ask to pay the deposit into the following account:

**bank details**

From the latest invoice, the deposit held is R10,603.00.If you could pay this in plus the associated interest gained on this deposit as soon as possible, that would be greatly appreciated.

Kind regards

Me

________________

Good Morning Me

Thank you for this. 

There is no interest when you rent one of Landlord's units because the maintenance is not charged while living in the unit.  for eg Maintenance guy is always available  for help when you needed it.  

I will forward this to Landlord.  We had to obviously paint some of the walls.  I will speak with Maintenance guy to find out what else there was.
________________

Good afternoon,

I understand that painting needs to be done from time to time, as that is normal maintenance, as well as other general maintenance.

As nothing was damaged in the house by us, therefore we do expect full deposit refund.

Kind regards
Me

________________

Hi Me

Just to correct you - Yes painting like ceilings etc should be done.  but painting inside a house only needed every 7 years.  Other than that, we use sugar soap to wash off kiddies hands etc.  But definitely - painting inside is NOT general maintenance.  Just want to add to this - Landlord is extremely lenient towards the charges.  In other places, they will charge you R65//m2 to paint the house.  

Landlord works on daily rates for Maintenance guy.  HUGE difference.

Regards

________________

I did not respond to this yet. I was mad at this point and didn't want to reply in anger.

So here are my points, and thoughts, so please correct me where I am wrong:

• Interest:
  • We did not agree to this arrangement that "There is no interest when you rent one of *landlords* units because the maintenance is not charged while living in the unit."
  • Nowhere does this exist in our lease agreement. The lease agreement outlines that we are entitled to interest on our deposit.
  • Also, the Rental Housing Act 50 of 1999 states that interest much be accrued and paid back to tenant upon expiration of lease, and all deductions are to come out of the deposit and interest
    • Rental Housing Act 50 of 1999 Section 5(3)(d) and Section 5(3)(g)
• Painting
  • She is trying to deduct painting costs from our deposit. We didn't have a chance to clean and vacate before maintenance guy came in and started on the house. Yes there was little time remaining, but he decided on painting, before we could even clean. This is unfair in my opinion, and the cost of this should not be put on us. The walls weren't bad, just needed a wipe down.
  • We never hung up anything in the house, because we are stingy and didn't want to have to patch and repaint later. So there was no damage to the walls either.
• Entry and exit inspection
  • Now it gets interesting. Prior to us moving in, my wife VIEWED the house with her to see if we will take it. We decided to move in. We weren't invited to an entry inspection, and we were not handed any inspection report to sign off on.
    • Rental Housing Act 50 of 1999 Section 5(3)(e)
  • We also never had an exit inspection with the agent. We moved on the 31st of October, and prior to this, the agent never came to inspect. We did not have any exit inspection to sign off on.
    • Rental Housing Act 50 of 1999 Section 5(3)(f)
  • Furthermore, the maintenance guy told me the agent was coming on the 2nd of November with the new tenants. This means as well that what she saw in the house was AFTER he did any changes. She has no baseline from entry or exit to see what defects or damages we may have caused.
    • Rental Housing Act 50 of 1999 Section 5(3)(j)

Please tell me if I am wrong here.

I want to try first sort this our civilly, and be cordial, so please let me know how I could respond to the email, as I may be a bit abrasive now.

Thanks guys

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