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I couldn’t take the rental, landlord is keeping my deposit - is this legal?
A Property24 reader asks:
On the 13 of June I paid a deposit on a rental property for occupation on 1 July, but due to unforeseen circumstances I am no longer able to take the unit. I have not signed any lease agreement, we had all our communications via SMS. I have told the landlord I'm not expecting the full deposit back and I can assist with getting a new tenant, but he refuses and is not willing to refund a cent of my deposit. Is this legal?

Kim Bam (LLB), Candidate attorney at Alan Levy Attorneys responds:
Verbal agreements are contracts that have been agreed upon by means of spoken communication. Despite it not being in writing, a verbal agreement still counts as an enforceable contract, legally binding on all parties involved.
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“The rate cut will leave homeowners with some surplus cash, providing some much-needed relief, given the economic constraints caused by Covid-19,” he says. “But while the additional cash may come in handy during these tough times, homeowners need to consider maintaining their home loan repayments at pre-rate cut levels. Depending on how long you maintain the additional payments, doing this could significantly reduce the total interest you pay and shorten the loan repayment term.”
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