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Subject: Urgent: Outstanding Rental Deposit Refund Good day Sir/Madam, I trust this message finds you well. I am writing in my capacity as the mother of the tenant regarding the outstanding amount of R7110.22 plus applicable interest, which remains due to her by Open Realty Port Elizabeth. This amount pertains to the refund of her rental deposit following the termination of the lease agreement as of 31 March 2025. It is with regret that I must escalate this matter and include your office in the correspondence. However, due to continued delays and the lack of a detailed breakdown of deductions from Bernadette Krebs, it has become necessary to seek your urgent intervention. ________________________________________ Background of the Matter 1. Lease Cancellation by the Owner On 3 February 2025, Bernadette informed the tenant via email that the owner required her to vacate the property by 31 March 2025. According to the lease agreement, the landlord may only cancel the lease with two (2) months’ written notice, and only under the following conditions: • The landlord intends to move into the premises; or • The landlord intends to sell the premises. Neither condition was met. In fact, it was not the landlord but her son who moved into the premises, which constitutes a breach of the lease agreement. 2. Vacating and Condition of the Property The tenant vacated the property on 31 March 2025. A professional cleaning service was hired and paid R950 to ensure the unit was spotless—this included cleaning of all surfaces, windows, walls, and floors. An invoice has been submitted to Bernadette as proof of this. All furniture was removed on the 31st. On 1 April, some remaining black bags and items awaiting collection were still outside due to a third party not showing up as arranged. During this time, the owner appeared at the property and behaved in an aggressive and unprofessional manner, swearing at the tenant and the inspector, and making unfounded accusations regarding the property's condition. I was present and can confirm the property was left in good condition. Additionally, we were informed of concerns about a cupboard left outside. This cupboard was never listed in the lease agreement, and the tenant was under the impression it was left by a previous tenant, as no kitchen cupboards were provided apart from those in the main bedroom. It is also important to note that several issues existed in the property from the time the tenant moved in—these included damaged walls, faulty plugs, and a persistent water leak. These issues were reported to Bernadette Krebs and left unresolved. We have supporting photographs and documentation to this effect. ________________________________________ Request for Financial Clarity We hereby request a comprehensive breakdown of any deductions made from the deposit amount. As the property was returned in good condition and no valid reasons for deductions have been presented, we expect the full amount of R7110.22 plus interest to be refunded without further delay. ________________________________________ Communication Protocol Going forward, all communication related to this matter must be conducted exclusively via email. Kindly direct all correspondence to rene@maxibond.co.za, on every exchange. No WhatsApp messages or phone calls should be made regarding this matter. This is to ensure a clear and legally documented trail of communication. ________________________________________ Timeline for Resolution and Legal Recourse We request a formal response confirming when the outstanding balance will be paid in full within three (3) business days of 11 April 2025. If no satisfactory resolution is reached within this timeframe, please be advised that Shaune reserves the right to pursue legal remedies under the following legislation, among others: • Common Law of Contract • The Constitution of the Republic of South Africa (Section 34) • Consumer Protection Act, 68 of 2008 • Electronic Communications and Transactions Act, 25 of 2002 • Companies Act, 71 of 2008 • Competition Act, 89 of 1998 • Magistrates’ Courts Act, 32 of 1944 • Small Claims Courts Act, 61 of 1984 ________________________________________ I trust that your office will treat this matter with the urgency and seriousness it deserves. We sincerely hope to avoid legal escalation and would prefer to resolve this matter amicably and professionally. Thank you for your immediate attention. I look forward to your prompt response and confirmation of payment. I am waiting on a response from the Directors, Sophia Matthews, Thomas Lawrence and Darryl Vorster.
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