Document text
BY HAND / BY REGISTERED POST [COPY ALSO BY E-MAIL]
Date: [DD/MM/YYYY]
From:
[TENANT'S FULL NAME]
ID number: [ID NUMBER]
[ADDRESS FOR REPLIES]
[E-MAIL] · [MOBILE]
To:
[LANDLORD'S FULL NAME / NAME OF LETTING AGENCY]
[ADDRESS OF LANDLORD OR AGENCY]
[E-MAIL OF LANDLORD OR AGENCY]
Re: Letter of demand — refund of deposit and interest for [FULL ADDRESS OF THE PROPERTY]
Dear [MR / MS / MRS SURNAME, OR "SIR / MADAM"],
1. I was your tenant at the property above. The details of the lease are:
Item Details
Property [FULL ADDRESS, INCLUDING UNIT NUMBER]
Lease period [START DATE] to [END DATE]
Date the lease expired [DD/MM/YYYY]
Date I vacated and returned the keys [DD/MM/YYYY]
Deposit paid R[AMOUNT], paid on [DD/MM/YYYY]
Monthly rental R[AMOUNT]
Rent and other charges Paid in full up to [DD/MM/YYYY] / [DETAILS OF ANY AMOUNT STILL IN DISPUTE]
2. The lease expired on [DD/MM/YYYY]. I vacated the property and returned all keys to [YOU / YOUR AGENT, NAME] on [DD/MM/YYYY].
3. Inspection. [CHOOSE ONE AND DELETE THE OTHERS:]
(a) We inspected the property together on [DD/MM/YYYY]. No damage beyond fair wear and tear was recorded. / The following items were recorded: [LIST].
(b) You did not arrange or attend a joint inspection with me, as required by section 5(3)(f) of the Rental Housing Act 50 of 1999. In terms of section 5(3)(j), your failure to inspect the dwelling in my presence is deemed to be an acknowledgement that the dwelling is in a good and proper state of repair, and the full deposit plus interest must be refunded to me.
4. The law. Under section 5(3) of the Rental Housing Act, 1999, which applies to every lease and cannot be waived (section 5(4)):
the deposit must be invested in an interest-bearing account, and the interest belongs to the tenant (section 5(3)(d));
where no amounts are owed to the landlord, the deposit and accrued interest must be refunded without any deduction or set-off, within seven days of expiration of the lease (section 5(3)(i));
where amounts are lawfully deducted, the balance of the deposit and interest must be refunded not later than 14 days of restoration of the dwelling to the landlord, and the receipts for the costs must be available to the tenant for inspection (section 5(3)(g) and (h)).
5. As at the date of this letter, [I HAVE RECEIVED NO REFUND / I HAVE RECEIVED ONLY R[AMOUNT] ON [DD/MM/YYYY], WITHOUT ANY RECEIPTS OR ITEMISED LIST OF DEDUCTIONS]. The period allowed by the Act ended on [DD/MM/YYYY].
6. I hereby demand that you pay me R[TOTAL AMOUNT], made up of:
Item Amount
Deposit R[AMOUNT]
Interest accrued from [DATE PAID] to [DATE OF REFUND] R[AMOUNT / "AS PER BANK STATEMENT OF THE DEPOSIT ACCOUNT"]
Less: amounts refunded so far – R[AMOUNT OR 0]
Total due R[TOTAL AMOUNT]
within 14 (fourteen) days of your receipt of this letter, into the following account:
Account holder: [NAME] · Bank: [BANK] · Account number: [NUMBER] · Branch code: [CODE]
7. If you say that any deduction is due, please send me, within the same period, an itemised list of each deduction together with copies of the receipts or invoices for the costs actually incurred, and written proof of the interest earned on the deposit.
8. If payment is not made within that time, I intend, without further notice to you, to lodge a complaint with the [PROVINCE] Rental Housing Tribunal under section 13 of the Rental Housing Act and/or to institute action against you in the [SMALL CLAIMS COURT / MAGISTRATE'S COURT] for [DISTRICT] for the amount due, plus interest and costs. This letter is the written demand contemplated in section 29(1)(a) of the Small Claims Courts Act 61 of 1984.
9. All my rights are reserved.
Yours faithfully,
______________________________
[TENANT'S FULL NAME]
[MOBILE] · [E-MAIL]
Enclosures (copies):
1. Lease agreement dated [DD/MM/YYYY]
2. Proof of payment of the deposit
3. Inspection report(s) and photographs at move-in and move-out [IF ANY]
4. Proof of return of the keys / handover [IF ANY]
5. Earlier correspondence about the deposit [IF ANY]
NOTES BEFORE SENDING — delete this part
Landlord's deadlines (Rental Housing Act, s.5(3)): 7 days after the lease expires if nothing is owed (s.5(3)(i)); 14 days after you hand the property back if there are lawful deductions (s.5(3)(g)); 21 days after the lease expires if you did not respond to the landlord's request for an inspection (s.5(3)(m)).
No joint inspection? If the landlord did not inspect in your presence, s.5(3)(j) treats the property as returned in good repair — use option 3(b).
Delivery: send the letter by hand (ask for a signed and dated copy) or by registered post, and keep the proof. For the Small Claims Court the demand must be delivered by hand or by registered post and must give at least 14 days from receipt (Small Claims Courts Act, s.29(1)(a)). E-mail is a useful extra copy, not a substitute.
Next step: a complaint to the Rental Housing Tribunal of your province (no fee stated by the Western Cape tribunal; forms differ by province) or a claim in the Small Claims Court.
If the landlord is a letting agent, address the letter to the agency and copy the owner.
Keep the deposit amount and the interest on separate lines; ask for the bank statement of the deposit account if you do not know the interest.
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