What Every Renter Should Know
Renting a home comes with responsibilities, but it also comes with rights.
Whether you are renting your first apartment, moving into a family home or simply renewing your lease, understanding the basics of South African rental law can help you avoid unnecessary costs, disputes and stress.
The Rental Housing Act sets out important rights and responsibilities for both landlords and tenants. Here are some key things every tenant should know.
1. Inspect the property before you move in
Before moving into your new home, make sure you and the landlord or managing agent conduct a joint inspection.
Take photographs or videos of any existing damage or defects and make sure these are recorded in the inspection report.
If you notice something that was missed during the inspection, report it in writing as soon as possible and keep a record of your communication.
Why does this matter? Because the condition of the property when you move in can be compared with its condition when you leave — helping to prevent disputes about damage.
2. Understand your deposit
A rental deposit is normally paid before you move into the property and must be handled in accordance with the Rental Housing Act.
The deposit must be kept in an interest-bearing account, with the applicable interest benefiting the tenant. A tenant can also request written proof of the interest accrued.
At the end of the lease, legitimate deductions may be made where applicable, such as for damage beyond normal wear and tear or other amounts owed under the lease. Landlords should keep the relevant receipts for costs deducted from the deposit.
Keep your own records too. Your lease, inspection report, photographs and payment records can all be important if a dispute arises.
3. Attend the final inspection
Moving day can be hectic, but don’t skip the outgoing inspection.
The condition of the property should be assessed together with the landlord or managing agent and compared with the original inspection report.
This gives you an opportunity to identify and discuss any issues before the property is handed back.
A few extra minutes spent checking everything properly could save you considerable time and money later.
4. Know who is responsible for repairs
Your lease should clearly explain who is responsible for maintenance and repairs.
Landlords are generally responsible for maintaining the property, while tenants are responsible for taking reasonable care of the property and dealing with matters assigned to them under the lease.
If something needs attention, report it promptly and in writing.
Ignoring a small problem can allow it to become a much bigger — and potentially more expensive — problem.
5. Keep your rental records
Don’t rely only on verbal conversations.
Keep copies of:
- Your signed lease agreement
- Proof of rental payments
- Deposit information
- Inspection reports
- Photographs of the property
- Maintenance requests
- Emails and messages with your landlord or agent
Good record-keeping protects both you and the landlord if questions arise later.
6. Thinking about leaving before your lease ends?
Breaking a fixed-term lease can have financial consequences.
The Consumer Protection Act may allow a tenant to cancel a fixed-term agreement with 20 business days’ notice, but a reasonable cancellation penalty may apply. Your specific lease and circumstances should therefore be considered before you make a decision.
Don’t simply move out and assume the matter is finished. Check your agreement and understand your obligations first.
Learn more: Cancelling a lease before moving in
Know your rights. Know your responsibilities
Being a good tenant is about more than paying your rent on time. It is also about understanding your lease, looking after the property, and communicating when something goes wrong.
At the same time, knowing your rights can help you avoid paying for damage or costs that are not your responsibility.
Learn more: Avoid these sophisticated scams targeting prospective tenants
Article courtesy of Lexis Digest and property24