Conversation with Merlin [email protected] · Thu Nov 30 2023

What if the landlord failed to do maintenance before we moved in and is now infringing on our right to peace and privacy as they are constantly bothering us about attending to the maintenance?

In South Africa, landlords are required to ensure that the property is in a habitable condition and to perform basic maintenance and repairs before a tenant moves in. Failure to do so can lead to legal issues and disputes between the landlord and tenant. If the landlord failed to address maintenance issues prior to your move-in and is now infringing on your right to peace and privacy by constantly bothering you about attending to the maintenance, there are steps you can take to address the situation:

  1. Review the Lease Agreement: First, review your lease agreement to understand your rights and responsibilities as a tenant and the obligations of the landlord. This will provide clarity on the maintenance responsibilities and the proper procedures for requesting maintenance.

  2. Communicate with the Landlord: It's important to communicate your concerns with the landlord in a clear, respectful, and documented manner. Inform the landlord of the maintenance issues that were not addressed before your move-in and provide a formal request for the necessary repairs. Keep records of all communication with the landlord.

  3. Seek Legal Advice: If the landlord continues to infringe on your right to peace and privacy by constantly bothering you about maintenance, consider seeking legal advice from a qualified attorney who specializes in landlord-tenant law. They can provide guidance on your rights and legal options.

  4. Consider Mediation: If communication with the landlord has been challenging, you may consider mediation as a way to resolve the dispute amicably. Mediation can help facilitate a constructive dialogue between you and the landlord to reach a mutually acceptable resolution.

  5. Document Everything: It's essential to document all the maintenance issues, communication with the landlord, and any disturbances to your right to peace and privacy. This documentation can serve as evidence if the matter escalates and legal action becomes necessary.

As a tenant, it's important to know your rights and to take appropriate steps to address any breaches of the landlord's responsibilities. Seeking legal advice and maintaining clear communication with the landlord can help in resolving the situation effectively.