Discrimination in lease agreement?

[tec0]

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!

[tec0]

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.

[Dave A]

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?

[green door]

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

[BBBEE_CompSpec]

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.

[tec0]

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!

[BBBEE_CompSpec]

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.

[tec0]

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.

[BBBEE_CompSpec]

Now you're learning.

You have rights. Don't take it out on the caretaker. He is only an employee.

[tec0]

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!!!

[desA]

Will these help?

[tec0]

Nope, try sleeping with them and you tell me... I dislike the fact that these people get so aggressive and there is really no telling what they will do to my family if I am not at home. I am angry as hell because of this problem.

See this is not a new problem and I am at the point where I am going to enlist a lawyer: My complaints will be as follow:

a>> my family’s security (violation of contract) security was part of the agreement.
b>> disturbing the peace (violation of contract) it is stated in contract that it will not be tolerated
c>> failing to fix light fixtures (Health and Safety) & (Violation of contract) maintenance is stipulated
d>> not fixing the front gate (violation of contract) maintenance is stipulated
e>> main power box exploded damaging my TV (what the hell is going on here!!!)
f>> I had to stay with friends or a F1 hotel on every single weekend!!!! (BS I am paying for a home)

This is only a few problems I am having. And they are NOT “new” problems. All of them are well-documented. Now I am expected to pay for a deposit and hold up my end of the agreement if not there will be legal implications. However they can do whatever and I must just be happy with it!

Nope not going to happen! I am enlisting the big guns! The contract was violated and is being violated on every weekend, public holiday and lately every bloody week day! I am done... I want my money back or some kind of compensation. And trust me on this one I am not the only unhappy camper at the moment there is about 10 of us!!! {Documented} Yes count them 10 households!

[wynn]

Move on, I am sure that if they try to sue you for the lease, any judge will throw the case out with costs in your favour.

In fact move on and sue them for the costs of doing that, use small claims court to save your expenses.

[tec0]

There is a lot of trouble here at the moment. We have tried to contact the owner and basically it is impossible to do at this point. Secondly the caretakers are reluctant to take any action full knowing that more people started to complain. There are now about 15 of us. “15 households”

Just moving out sounds like an option but again there is a reason why I need my “Deposit back” Placing down a R8000 deposit is a lot of money. Now I need my money back so that I can move out. Now I am in the process of enlisting legal help.

In short “they know what we want, they know they are in the wrong... So right now they are playing the dodging game. Only with a formal summons will they show up and then only can we start negotiations.

Still they will stretch it out and make the process “legal process” as costly as possible for us. This is what “land lords” do; they know how to play the game. However “if” the charges are criminal in nature the dynamics change... this is why I am going for legal advice first.

[twinscythe12332]

have you looked up information on the properties online? if you're part of a secure complex, there will probably be some history / ownership details online.