Renting a Home
Updated: 4 days ago
Understand what to look out for in a lease, how rental deposits work and what to do when a dispute arises.
You have found a place you would like to rent. The monthly rental seems affordable, the location suits you, and you are ready to move in. Before you pay a deposit or sign a lease, it is worth understanding what you are agreeing to and what your rights and responsibilities will be.
South Africa’s Rental Housing Act 50 of 1999 regulates important aspects of the relationship between landlords and tenants, including leases, deposits and inspections.
What should you check before signing a lease?
A lease is an agreement under which a landlord allows a tenant to occupy a property in exchange for rent. Read it carefully and make sure you understand:
Who you are renting from. Check the landlord’s or rental agent’s name and contact details. Confirm who you must contact about payments, repairs and other concerns.
What you will pay. Check the monthly rental, deposit, payment date, annual rental increases and any additional charges, such as electricity, water or parking.
How long you may stay. Check the start and end dates, whether the lease may be renewed and what notice is required if you want to leave.
Who is responsible for what. Look for terms about repairs, maintenance, damage, house rules and the use of the property.
How the lease may end. Check the cancellation and notice provisions, including whether any charges may apply if you leave before the agreed end date.
Under the Rental Housing Act, a residential lease does not generally have to be in writing to be valid, but a landlord must put it in writing if the tenant requests this. A written lease makes it easier for both parties to check what they agreed to. Ask for a copy and keep it somewhere safe.
What should you do before moving in?
Inspect the property together with the landlord before you move in. Look for cracked windows, leaking taps, damaged fittings, marks on walls and anything else that is not in good condition.
The Rental Housing Act requires a joint inspection at the start of the tenancy to identify existing defects or damage. The list of defects must be attached to the written lease. It is also useful to take dated photographs and keep a copy of the inspection record. These records can help if there is a disagreement about damage when you move out.
How does a rental deposit work?
A landlord may ask you to pay a deposit before moving in. The amount should be agreed upon, and the Rental Housing Act requires the deposit to be invested in an interest-bearing account. You may request written proof of the interest earned during the lease. Where a rental agent holds the deposit, the rules governing the agent’s handling of that money also apply.
A deposit is not automatically the landlord’s money when you move out. Depending on the circumstances, the landlord may use it to cover amounts you owe under the lease, including the reasonable cost of repairing damage you caused or replacing lost keys. The landlord must make the relevant receipts available for you to inspect. Fair wear and tear is different from damage caused by a tenant.
When should you get your deposit back?
The Rental Housing Act sets different time periods depending on what happens at the end of the lease:
Within seven days after the lease expires. If you owe nothing under the lease, the landlord must return the deposit and accrued interest without deductions.
Within 14 days after you return the property. If the landlord makes permitted deductions, the remaining deposit and interest must be refunded within this period.
Within 21 days after the lease expires. A different period applies where the tenant does not respond to the landlord’s request for a joint outgoing inspection and the landlord conducts the inspection in the manner required by the Act.
Before moving out, arrange the joint outgoing inspection with the landlord. The Act provides for this inspection to take place at a mutually convenient time within the three days before the lease expires. Compare the property’s condition with your original inspection record and keep photographs and correspondence.
What are your responsibilities while renting?
As a tenant, you must pay the rent and other amounts properly due under the lease, take reasonable care of the property and comply with lawful lease terms. Tell the landlord about problems that need attention and keep a record of repair requests.
You also have a right to privacy. A landlord may inspect the property during the lease, but must do so reasonably and after giving you reasonable notice. A landlord cannot simply treat the rented home as though the tenant has no right to privacy.
Can your landlord make you leave immediately?
A landlord cannot lawfully evict you simply by changing the locks, removing your belongings or telling you to leave. Ending a lease and evicting someone are not the same thing. Where an eviction is required, the landlord must obtain a court order, and the applicable legal process must be followed.
If you receive a notice cancelling your lease or court papers relating to an eviction, do not ignore them. Seek legal assistance promptly so that you understand the deadlines and your options.
What if you and your landlord have a dispute?
Disagreements can arise about deposits, repairs, rent, inspections or the condition of the property. Start by checking your lease and gathering the relevant records. Explain the problem to the landlord or agent in writing, state what outcome you are requesting and keep copies of the response.
If the matter remains unresolved, you can contact the Rental Housing Tribunal in your province. Tribunals provide a free service for qualifying disputes between residential landlords and tenants. The appropriate complaint process and required documents may differ by province. A Tribunal can deal with rental-related unfair practices, but an application for an eviction order must go through a court.
Before you rent, remember:
Read the lease. Record the property’s condition. Keep your documents.
Official Resources and Further Reading
Rental Housing Act 50 of 1999: Read the legislation governing residential leases, deposits and inspections.
Department of Human Settlements: Rental Housing Tribunal : Learn what Rental Housing Tribunals do and how to lodge a complaint.
Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998: Read the legislation governing unlawful eviction and the court process.
Disclaimer: This article provides general information about South African law and does not constitute legal advice. The information may not apply to your particular circumstances. If you need advice about your situation, consult a qualified legal practitioner or an appropriate legal advice service.
Very insightful, needed this information thank you!