I have the following problem. We signed a one year lease in a townhouse. Due to unforeseen circumstances my son inlaw took ill, and we were unable to pay our rent for one month. We contacted the owner and explained the reason, and we requested her to use our deposit to cover the months rental. She refused to do so, and so we agreed to pay back the arrears over threee installments over and above our monthly rental.
The following problems are now experienced.
1. In our original contract there was no clause regarding a penalty charge on unpaid rental. She then produced a page which had been altered afterwards and written in BLUE INK which she added stating that there will be a 10% penalty charged on outstanding rental.
Q
What are our rights on this? - and is this contract still legal and binding?)
2. She has added the 10% penalty, but has done it as follows:
10% on R3500 (which is the rental)and then furthermore added on 10% on the balance outstanding for the following two months, but calculating interest on interest.
Q: Is this legal, and considerating the above alteration, can she hold us to this penalty clause?
3. With the changes on the lease, and the fact that it was not written in black, and neither was it initialled by the Lessee, is this contract still binding?
Q: Should the contract not be binding, what are our rights regarding tenancy?
Your assistance will be appreciated.
The following problems are now experienced.
1. In our original contract there was no clause regarding a penalty charge on unpaid rental. She then produced a page which had been altered afterwards and written in BLUE INK which she added stating that there will be a 10% penalty charged on outstanding rental.
Q
What are our rights on this? - and is this contract still legal and binding?)2. She has added the 10% penalty, but has done it as follows:
10% on R3500 (which is the rental)and then furthermore added on 10% on the balance outstanding for the following two months, but calculating interest on interest.
Q: Is this legal, and considerating the above alteration, can she hold us to this penalty clause?
3. With the changes on the lease, and the fact that it was not written in black, and neither was it initialled by the Lessee, is this contract still binding?
Q: Should the contract not be binding, what are our rights regarding tenancy?
Your assistance will be appreciated.
