Question:
I am in a situation where I have moved into a rental property for a week, paid the deposit and first month’s rent, but have not yet signed the lease as it has clauses that are biased to the landlord. I compared the agent’s lease to standard contracts and identified the differences and those clauses that are not mutually beneficial.

The agent is adamant that the lease is fair.

What are my options to resolve this in the most amicable way? Is it possible for them to ask me to vacate the premises if I do not sign the lease in its current form?

Answer:
I am sure that I don’t have to tell you that you should not have paid any money or moved in until you signed the lease. Usually one reads the conditions of the lease first and if they are suitable you sign and pay the deposit.

Technically, if you don’t have a lease the owner can ask you to leave. This option is, however, probably not attractive because he or she will have to pay back the deposit and the unused portion of your rental. The owner will also have to incur the cost of looking for another tenant.

Try to negotiate with the owner about the rules in the lease agreement and meet them halfway. If you cannot come to an amicable arrangement you will have to move out.

If you are dealing directly with the owner you could be in for a fight to get your deposit back. However, possession is nine-tenths of the law. The owner is vulnerable and will need an eviction order if you dig your heels in. This could take as long as eight months and about R50 000 in legal fees to resolve.

It is in both of your interests to resolve this amicably so call in a third party like a trusted agent to help you arbitrate.

If there is an agent involved they need a rap on the knuckles because he or she should not have allowed this to happen. Get the agency principal involved because agents tend to become very uncooperative when their commission is at stake.