If my LL is being sued for breach of contract and we have a court date am I allowed to with hold the rent?

by **khalid** » Tue Jul 10, 2012 12:15 pm

Our LL was given a LOD ( letter of demand) to pay out the amount of 12 000 rand in the form of lease amount and deposit for breach of contract. Our court date is in 3 weeks and they are asking for the rent money. Am I allowed to with hold the rent until the court proceedings are over. The charges are misrepresentation of the property, concealment of information, with holding my copy of lease agreement, unethical and dishonest behaviour, breach of tenants rights, the LL said if we do not pay the rent we must move immediately leave the premises. Breach of consumer protection act sec. 14, We wanted to move out with in the first 7 days after finding out all the information that was with held and her reply was "you signed a 6 month contract which you will have to pay" not completing all the financial documents. and again concealing all the financial obligation regarding the property. Am I in my rights or what am I to do.

by **varik** » Tue Jul 10, 2012 12:16 pm

In most states you can withheld the rent in similar cases, however, you must deposit that money in a savings account and not use it, make sure to keep the copy of your deposits, and bank statements and produce it to court, and if he has told you to pay or move out, you need to go to nearest sheriff's office and file form, that allows you to remain in the building till the court date (I can't recall the name of the form).

by **khalid** » Tue Jul 10, 2012 12:22 pm

In most states you can withheld the rent in similar cases, however, you must deposit that money in a savings account and not use it, make sure to keep the copy of your deposits, and bank statements and produce it to court, and if he has told you to pay or move out, you need to go to nearest sheriff's office and file form, that allows you to remain in the building till the court date (I can't recall the name of the form).

You must pay rent. Until you actually win the court case, you owe the rent. If you withhold, he can evict you.

What do you mean by "concealing all the financial obligation regarding the property".

Advertisments:

Useful Links: