Agents are quoting clause not on lease

I AM currently renting a two-bedroom loft apartment in Marshalltown in the Johannesburg CBD.

I signed my lease with Molten Black properties in July last year. I paid a deposit of R3150.

Recently, I have been going through serious financial difficulties so I notified them of this as I am in arrears.

I requested to cancel my lease with them in March and the lady in accounts called me so as to retain me as a tenant.

Because my partner had just been employed and the lady had promised not to take any drastic measures against us, I decided to stay until the end of my lease and to make a payment arrangement, which the accounts lady agreed to.

In the morning my electricity was turned off once again, and because of the hassles I have endured with them in the past, I asked to cancel the lease because I cannot keep missing work because they have either turned off my electricity or locked me out and taken my keys, leaving me homeless with a baby that is barely even a year old.

They are refusing to cancel my lease and are quoting a clause that is not listed on the agreement I signed with them.

They are also not refunding the deposit if we cancel the lease before the 12-month period is up.

Please help me. Nosipho Gogoba

Georgie: Landlords and agents are not allowed to cut tenants’ services or lock them out – it’s illegal and tantamount to an illegal eviction.

Tenants are allowed to cancel their leases before the end of the term but agents/ landlords are entitled to charge a reasonable cancellation fee.

Depending on what the lease says, they might also be allowed to deduct outstanding rental, damages and utilities. I contacted the agents, Framework Property Services, who said: “The tenant has full access to her unit and has never been denied occupation. “The tenant has given notice, which we have accepted.

“The tenant is currently in arrears of R4 359.67 which we hope will be paid without further excuse.

“Once the tenant vacates, her deposit less arrears and damages will be refunded.”

They failed to respond to questions about cutting her services.