Return of excess rent paid
I leased an apartment for 10 months, but I canceled the lease after only staying for 2 months. The problem now is that my bursary was contributing towards my rent and by the time I canceled the lease, they had already paid for the entire 10 months. Now the landlord refuses to refund us the money we paid for the months I did not stay there. There is a clause in the lease agreement that says I should pay for lost rent if I cancel the lease. I however do not think it would amount to the entire years rent as I believe they found someone to move into my place as soon as I moved out, I am still trying to speak to my ex flatmates to ensure that there really was someone who moved in. Do we have a strong case here?
Dear Mtunzi F, according to your submission in respect of the contractual clause and your diligent search for the allegations that new tenants moved in when you moved out (and please take note that not having seen the contract and in what terms this penalty is couched) it seems your submission is correct and it would be unreasonable for the landlord to be unduly enriched. I submit your conclusion in respect of the matter is thus correct. In other words, you do have a strong case.