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Thread: Discrimination in lease agreement?

  1. #1
    Diamond Member tec0's Avatar
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    Discrimination in lease agreement?

    Well a few months ago I was forced to move thanks to crime to a more secure area. Now the aria I live in now is OK... we have 24 security and the rules that I agreed to specify that there will be NO excessive noise or loud music.

    So I was assured by contract that I will have peaceful nights. Then in the first month I had to get my clothing dry and made a plan with some rope and just secured it so that my stuff can hang in the sun. I was eminently confronted and told that it is NOT ACCEPTIBLE, and I was given a warning.

    Cool I removed the rope and continued with my life. However in our contract it is stated NO excessive noise or loud music will be tolerated! BS! For the past 2 months now I have complaint that the person staying next to me is partying all day and all night without any form of restraint.

    So I complained and a formal warning was given. But with no effect he is louder than ever and I am paying a LOT of money to stay in this damn place so basically my lease agreement is violated and I now feel I want to move and get my money back because if they can give me fines and warnings for letting my washing dry in the sun then I want some action when someone is disturbing the peace!

    So is it at all possible for me to get my money back “deposit and monthly instalment? Because I paid for a service and agreed to a contract and the contract was NOT uphold by both management and the local caretaker!
    peace is a state of mind
    Disclaimer: everything written by me can be considered as fictional.

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    BBBEE_CompSpec (14-Dec-09)

  3. #2
    Diamond Member tec0's Avatar
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    I don’t know if this act apply?

    Environment Conservation Act, 1989
    Regulations regarding Noise Control
    Schedule
    5. Prohibition of noise nuisance


    No person shall--

    a) cause a noise nuisance, or allow it to be caused, by operating or playing any radio, television set, drum, musical instrument, sound amplifier, loudspeaker system or similar device producing, reproducing or amplifying sound;

    b) offer any article for sale by shouting or ringing a bell, or by allowing shouting or the ringing of a bell, in a manner which may cause a noise nuisance;

    c) allow an animal owned or controlled by him to cause a noise nuisance;

    d) build, repair, rebuild, modify, operate or test a vehicle, vessel or aircraft on residential premises, or allow it to be built, repaired, rebuilt, modified, operated or tested, if it may cause a noise nuisance;

    e) use or discharge any explosive, firearm or similar device which emits impulsive sound, or allow it to be used or discharged, if it may cause a noise nuisance, except with the prior consent in writing of the local authority concerned and subject to such conditions as the local authority may deem necessary;

    f) on a piece of land designated by a local authority by means of a notice on that piece of land and in the press in both official languages, or in the air-space above that piece of land--

    i) move about on or in a recreational vehicle;

    ii) exercise control over a recreational vehicle; or

    iii) as owner or person in control of the piece of land concerned, allow that on that piece of land, or in the air-space above that piece of land--

    aa) is being moved about on or in a recreational vehicle; or

    bb) control is being exercised over a recreational vehicle, if it may cause a noise nuisance;

    g) except in an emergency, emit a sound, or allow a sound to be emitted, by means of a bell, carillon, siren, hooter, static alarm, whistle, loudspeaker or similar device, if it may cause a noise nuisance;

    h) operate any machinery, saw, sander, drill, grinder, lawnmower, power garden implement or similar device in a residential area, or allow it to be operated, if it may cause a noise nuisance;

    i) load, unload, open, shut or in any other way handle a crate, box, container, building material, rubbish container or similar article, or allow it to be loaded, unloaded, opened, shut or handled, if it may cause a noise nuisance;

    j) drive a vehicle on a public road in such a manner that it may cause a noise nuisance.
    peace is a state of mind
    Disclaimer: everything written by me can be considered as fictional.

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    BBBEE_CompSpec (14-Dec-09)

  5. #3
    Site Caretaker Dave A's Avatar
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    If everything else is cool, sounds like first prize is to get your noisy neighbour to move. Have you pressed the issue with the landlord and/or supervisor as far as you can go?
    The trouble with opportunity is it normally comes dressed up as work.

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    Hi there, one of my tenants had a similar problem recently. I wrote to the body corporate requesting them to intervine. I followed that with a final warning letter and layed a charge at the police after another disturbance. Also got a petition from the other neighbours for the body corporate to act. The body corporate needs to act in terms of the rules and regulations

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    Green Door is 100% correct. Tec0 has to take it up with the Landlord. If he has a grievance he must put it to writing and arrange a meeting with the Landlord. If nothing further happens he can make a case at the SAPS against the offender.

    The only time a court will allow repayment of monies paid in is if you have evidence that the Landlord leased you a place that was in disarray. In other words the electricity never worked or the Landlord forgot to pay the electricty and you cannot get it reconnected, or you cannot live in the flat as it should be condemned or it is unhealthy.

    The Landlord must cause the problem. This is a neighbour. You have Constitutional rights. Exercise them.

  10. #6
    Diamond Member tec0's Avatar
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    Well there are a few facts that I must point out:

    1...> The caretaker was notified and intern a warning was issued.

    2...> When I asked for contact details of the owner known is as the “board of trusties” as stated in the contract this information was withhold by the caretaker.

    3...> The main fact is that this problem existed before I signed the contract and was assured both verbally and by contract that “disturbance of the peace” is not tolerated but my own investigation shows that this problem was ongoing for a long time. Thus I was misinformed by the person responsible and the contract that I signed is NOT being upheld.

    My question is; if a contract is not upheld and the terms not met how can it be satisfactory or legal? We are expected to uphold our end of the deal? Why then can “they” do whatever they want?

    Why was the police not called by the caretaker so that formal charges can be pressed. The fact is if you give someone an eviction notice you need evidence. How can there be evidence if there is no case number or police involvement?

    On what grounds can the caretaker deny one access to the board of trustees?

    The fact is I have a six month contract with these people and already it is clear to me that they are not interested in our problems nor are they interested to uphold there end of the contract but we must uphold our end or face legal troubles... This is BS!
    peace is a state of mind
    Disclaimer: everything written by me can be considered as fictional.

  11. #7
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    The complainant isn't the caretaker but you. The lease is not between you and the caretaker but between you and the owner. It is up to you to take the matter further. Check the copy of your lease. The owner's details will be found there.

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    tec0 (15-Dec-09)

  13. #8
    Diamond Member tec0's Avatar
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    I am getting a copy of the contract as we speak. It is so nice of them not the send me a copy as promised... When I get the copy I will take it up with the owner and make sure to point ALL my problems and give him 2 weeks to take action. I will send him a registered letter and if need be hand the letter over personally.

    Thank all of you... for helping us.
    peace is a state of mind
    Disclaimer: everything written by me can be considered as fictional.

  14. #9
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    Now you're learning.

    You have rights. Don't take it out on the caretaker. He is only an employee.
    Last edited by Dave A; 15-Dec-09 at 03:41 PM.

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    Diamond Member tec0's Avatar
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    Well it is back. Yes the noise the bloody parties and everything else and this time when you try and talk to them they get aggressive and say stuff like “we will kill your family” Now I have witnesses, I have grievances and testimony of the local security!!!

    Right now I want to move out and break the agreement without paying a penalty, more importantly I want ALL my money BACK! First of the agreement was NEVER honoured by the land lord. Secondly NOTHING got fixed within the time line. And the warning letters just added to the aggression of neighbours in question.

    So is there a legal path that I can follow and force the land lord to give me my money back and or pay for the move because I will NOT stay for another two months. These people want to hurt my family and they want to be aggressive all the time. NOW I have spoken to the police and they are YET to show up!!! “useless!!!!!”

    So to all the legal brains what do I need to do??? I am NOT cutting my losses on this one!!!
    peace is a state of mind
    Disclaimer: everything written by me can be considered as fictional.

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