Reinstatement of premises after lease.
I have been leasing current premises for the last 9 years from Sanlam Business Properties via GENSEC who has now been changed to JHI Investments. When I took occupancy of the unit, the floors were covered with carpets. I am now being told to reinstate the floors to a bare screed condition, as that is in the lease agreement. My question is; Why did my landlord not enforce this on the previous tenant, who left these premises in the condition it was leased to me in? I am prepared to reinstate the premises to the condition that I received it in. I feel this is fair. Why must I be held liable for what they failed to recover from the previous tenant. I trust I have given you enough information.
What would you advise me to do in this case please? Financially I/we are not by the means to afford an attorney, hence my reason for having to vacate the premises by end of December 2017.
Regards – Glynn Burgess
Dear Glynn B, what exactly does the lease contract say. It appears from your submissions that the bare screed condition of the floors were part of the then lease contract. When you moved into the premises 9 years ago did GENSEC investigate the premises with you and did you do a diligent check that the property was in the condition of the lease agreement you signed. In law it is called caveat subscriptorveat hence you can be held responsible if this was in the GENSEC lease agreement that you signed. Check your lease agreement. However you have obviously not signed any agreement with JHI Investments who are now a new party to the lease and i suggest that they cannot hold you to something other than you suggest so I submit that you put the matter clearly to them that you will leave the premises in the condition you found it and was accepted by the original lessor GENSEC.