Navigating a rental agreement can be overwhelming, but understanding the essentials can help protect your rights and ensure a smooth rental experience. In case you didn’t know, in South Africa, rental contracts are governed by the Rental Housing Act. The intention is to promote fairness and transparency between tenants and landlords. 

To make sure that your experience as a tenant doesn’t become one of those tales of woe, it’s important that you understand your rights and what you can do to manage your rental relationship effectively. 

The Importance Of A Written Lease 

We should start by stating that verbal lease agreements are legally recognised in South Africa. However, even though this is the case, written leases offer clearer protection – for both parties. With a written agreement in place, the expectations and responsibilities of both parties are made clear, and the chances of misunderstandings or disputes are greatly reduced.  

Generally speaking, it is recommended that your lease includes key details such as rental amounts, payment dates, and deposit terms. The kind of details that will help you to avoid ambiguity later on. 

Security Deposits Are Real 

For the uninitiated, tenants are typically required to pay a security deposit. This isn’t just an extra fee to make money off of you, in fact, it serves a very important role. The role of the security deposit is to safeguard the property against damages. According to the Rental Housing Act, landlords must place this deposit in an interest-bearing account. Upon lease termination, the tenant is entitled to a refund of the deposit, plus any interest earned, provided the property is returned in good condition. Landlords can only deduct proven costs for damages beyond normal wear and tear. 

Rent Increases and Utility Charges 

Landlords are legally required to give one month’s written notice before implementing a rent increase. Furthermore, these increases must be market-related and cannot occur more than once within a 12-month period. The only exception is if additional increases are specified in the lease.  

We also need to add here that tenants have the right to request a breakdown of utility charges, such as water and electricity. We would say that this should be requested in order to make sure that there is transparency in billing. 

Maintenance Responsibilities 

Both parties are responsible for the property, but there’s a difference in the level of accountability that has to be taken. Typically, the landlord is responsible for making sure that the property remains in a habitable condition. They would need to address issues, such as plumbing or electrical faults. The tenant, on the other hand, is expected to keep the property in good condition and report any necessary repairs promptly.  

Now, if a landlord fails to address maintenance issues within a reasonable timeframe, the tenant can escalate the matter to the Rental Housing Tribunal for a resolution. 

Termination And Eviction Procedures 

More often than not, when it comes to the termination of a lease or an eviction, the situation is fraught with emotion. Tensions can rise, so it’s really important to fall back on the terms outlined in the rental agreement.  

For instance, tenants who want to terminate their leases must provide 20 business days’ notice for early cancellation under the Consumer Protection Act (CPA). It is possible, though, that landlords may charge a reasonable cancellation fee. When it comes to evictions, landlords must adhere to the Prevention of Illegal Eviction Act (PIE), which requires the provision of a written notice as well as a court order for lawful eviction. 

The Rental Housing Tribunal 

Things go wrong, people don’t honour their rental agreements, tenants lose their jobs, and all sorts of other unfortunate situations arise. If disputes arise, either party can lodge a complaint with the Rental Housing Tribunal. This is a government body that offers mediation and adjudication services at no cost. It might seem like a scary route to take, but this process provides an accessible way to resolve conflicts, ensuring that both tenants and landlords comply with their legal obligations. 

Feeling Informed? 

Understanding your rights as a tenant and the responsibilities of your landlord is crucial to fostering a positive rental experience. It all starts with making sure that you are familiar with your rental agreement. With the right knowledge, tenants can confidently navigate their rental relationships and safeguard their housing rights. 

Don’t forget that in addition to helpful information like this, AA Inform also offers a variety of property tools and resources, including our home affordability calculator and free property valuation reports. Tools like these can help you to assess your home’s worth accurately and get true insights into properties of interest to you.