Hi,
I have just signed a rental agreement without properly reading through it.
Now I have the problem that there is burgular bars broken in the new place. The previous tenant hid that from both me and the rental agent and upon day of final inspection after I paid over the deposit and signed the contract they only showed me the broken burgular bars.
What can I do to get out of this contract?
This is not the only thing wrong with the place though. They left the place in a complete mess and because of me being in a rush, I didn't notice all of it.
They clearly stated in the contract:
1. The Lessee acknowledges that he/she has inspected the premises thoroughly and that it is suitable for the purpose for which it is let as set out in Clause D hereof and is in good order and condition except for the defects listed in Annexure 3 / Inspection list (This problem is mentioned in the inspection list)
2. If the Lessee fails to comply punctually with any of his obligations in terms of this Lease, the parties agree with regards to each obligation, time is of the essence, and that a breach thereof goes to the root of this Lease. The lessor shall in addition to any rights which he may have in terms hereof or in law be entitled to claim compliance by the Lessee of his obligations in terms of this lease, including interest on arrear rentals; or by notice to the Lessee, place this Leans on a monthly basis to the exclusive advantage of the Lessor, in that the Lessor only may terminate this lease by giving the Lessee one month's notice - such notice shall not be in any way prejudice or influence the lessor's other rights in ters of this Lease, or cancel this Lease immediately by giving the Lessee notice thereof, which cancellation shall be effective from the date on which the notice is received or deemed to be received, whichever event takes place first, immediately repossess the premises, and claim and amount equivalent to the total of the rent in arrear and a sum equal to 2 (two) times the monthly rental payable at the time of the breach by the Lessee, as being the amount which the parties agree will be the prejudice suffered by the Lessor with regards to his proprietary and every other rightful interest in this Lease which will be prejudiced by the aforesaid contractual breach; or claim damages from the Lessee suffered as a result of the aforesaid contractual breach; and claim from the Lessee and cost incurred by the Lessor in regards to any aspect of the aforementioned, including costs on an Attorney and client scale, and collection commission in terms of the recognized tariff.
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