CAN/WILL YOU PERFORM A CREDIT CHECK ON ME? Yes we will. In terms of the National Credit Act Regulations 18 (4) (e) and (5) you must first give your consent before we can access your credit report. If you refuse to give us consent to perform your credit check we are entitled to decline your application for rent.
DO I NEED TO PAY A DEPOSIT? It is common for the landlord to require a minimum of one month’s rent or even more if the tenant's credit report is considered risky. Most of our landlords require an amount equal to 6 weeks’ rent. The deposit amount due will be included in the lease agreement. Keys to the property will not be handed over until the agreed deposit and first month’s rent has been paid and is reflecting in our account.
CAN I USE MY DEPOSIT AS THE LAST MONTH'S RENT? No, you have an obligation to pay the full rental as stated in the lease agreement. If you fail to pay the last month's rent you are committing a breach of lease and the landlord is entitled to take the necessary legal action including blacklisting on credit bureaus.
WHAT IS THE MINIMUM PERIOD OF LEASE? Most landlords prefer to secure a 12-month lease, but no leases shorter than 6 months will be signed. In terms of the Consumer Protection Act leases longer than 24 months, signed after 1 April 2011, will no longer be legal.
DO I HAVE A 7 DAY GRACE PERIOD TO PAY MY RENT? No, the landlord is entitled to receive the full rental payable by you on or before the date stated in your lease. The lease agreement states that the rent is due and payable in full, free from deductions on or before the 1st of each and every month. You would be in breach of contract if the rent was still outstanding on the 2nd of the month.
CAN YOU CANCEL MY LEASE AND EVICT ME IF I DO NOT PAY RENT? Yes, your lease can be cancelled. Should you fail to pay the rent as stipulated in your lease the landlord can take action to demand the rent, cancel the lease or obtain a court order and have the sheriff of the court forcibly evict you.
CAN THE LANDLORD CANCEL MY LEASE IF THE PROPERTY IS SOLD? The tenant is protected by the common law "huur-gaat-voor-koop." If the property is sold, the new owner becomes the landlord and all the terms of the existing lease are enforceable. The owner cannot cancel the lease, but must wait until the end of your existing lease period.
