South African Tenant Laws
If there is no damage for which the tenant is responsible, the landlord must refund the deposit within seven days of the end of the lease. The first course of action should be to contact the landlord and submit the complaint in writing. If the landlord ignores the complaint or resolves the issue to the tenant`s satisfaction, the tenant can appeal to the Rental Housing Tribunal. The arbitral tribunal adjudicates claims through procedures such as mediation and arbitration; and provides advice on rental and rental housing issues. Not only does the court have the power to summon both the tenant and the landlord to a hearing, but its decisions also have the same effect as those of a Magistrates Court. • The tenant is entitled to a rental invoice that breaks down the various costs: basic rent, electricity, water, etc. If the cancellation is based on the breach, the tenant must generally give the landlord an opportunity to remedy the situation within a certain period of time, and if they still do not comply, they can terminate the contract. The landlord can also terminate the agreement if the tenant violates the contract. The tenant is required to make a full and timely payment to the landlord in order to ensure and build a positive credit profile. This will help him when it`s time to move rental properties or open new credit accounts. Rents in South Africa tend to be higher in larger cities, with returns of 5-9% for savvy landlords investing in apartments. Cape Town has some of the highest rental prices, where you can find apartments over $1,700 per month for an average 120sqm apartment, compared to around $1,400 in Johannesburg.
For renters looking for single-family homes, an average 300m² property in Cape Town cost the equivalent of around $3,500 per month in 2015. My tenant had another family of 5 who regularly lived on the rented property for several days without our knowledge or consent. When we discovered this by chance, we called a meeting to say that it is not allowed and unfair to the other tenants of the property because the water is shared proportionally. They agreed and said they wouldn`t let her stay anymore. A few weeks later, they had the same family again for several days without our knowledge. Also this other family comes during the day when no one is there and uses the facilities without our knowledge. We had another meeting and now our tenant wants to terminate his lease with us early because he is unhappy. They owe us rent for several months before – they lost their jobs, so we helped them stay on condition that they pay us back the unpaid rent. When they started working, they paid off part of the balance, but they owe us much more.
Now they refuse to pay us the outstanding balance before they leave. Can advise you without legal drama as it will cost them much more money and their debts will be larger than what is due. We have a signed lease and an acknowledgment of debt. Our lease also states that all costs incurred to recover our money will be borne by the tenant. They also lose their deposit if the lease is terminated prematurely. Hello, I really hope you are able to advise. We rent a house and for a few months we have received court orders for the landlord to owe money for it. We gave it to him and he just said, don`t worry, my lawyer will take care of it. Today, another notice was given indicating that the house will be auctioned on September 19, 2013. What right do we have as tenants? Fortunately I found another place, but my rent will be R2000 more per month.thank you • The tenant has the right to dispute any inaccurate information that a credit reference agency may have on his credit profile Thank you for this informative article. I am an owner selling my property.
I have remained transparent with my tenants, but I find it impossible to try to make a deal so that a potential buyer can see the premises. My tenant is not receptive and avoids my calls. What are my rights? www.lessor.co.za After reviewing the fundamental laws for landlords and tenants, let`s focus on a few aspects of the relationship that are particularly noteworthy: I rented my property for almost 2 years. Stocks of feet. The tenant took notes on possible problems that were not of great importance. However, most of the house was in good condition. During the final inspection, a number of issues were raised and approved. 2 months after returning to my house, I found that one of the interior doors was badly damaged and secretly repaired by the tenant, which was not noticed during the final inspection. Do I have the right to assert rights? My agent still holds the deposit. If the tenant refuses to vacate the property after the lease expires, the landlord must get a court summons. If the tenant decides to respond to a subpoena, he or his lawyer must file the “Notice of Intent to Defend” printed on the back of the summons within three days. A hearing is held.
The court can then make a deportation order. The landlord must supplement this with a court-stamped eviction order. According to the law, the termination must be given two weeks in advance before the eviction of the tenant. However, this is often not the case, especially with private landlords, who often ignore this obligation and the loss of interest can be a considerable sum, especially if a tenant stays in the property for several years. If the tenant poses an immediate threat to the landlord, the landlord can apply for a “summary judgment.” A summary decision allows the sheriff to evict the tenant, even if the case is still heard by the court. Tenants and landlords must carry out joint entry and exit control. The purpose of the entrance inspection is to record the condition of the property when the tenant has made the reference, and the outgoing inspection is to determine if any damage has been caused by the tenant. I have a tenant who has been in my house since March 2009. The tenant hasn`t paid me rent since January 2010. The agent who rents the property for me didn`t tell me until I checked my bank account and had to contact him.
He explained that the teen had lost his job and that he (the agent) was trying to negotiate some sort of repayment plan with the tenant. None of this has been communicated to me and I believe that the officer has failed in his duty. I pay him 15% of the rental income every month and now I am in a situation where I am late with my other obligation and I have not been informed by the agent in any way if this situation will be resolved or not. I am in the UK and my home is in Kwa-zulu Natal. I wonder if you could tell me the name of someone who could advise me, or if you could tell me what my rights are as an owner. Thank you nice landlords need to know the rights of tenants in South Africa and not just the rights and obligations of the landlord, because: Hello, We have just vacated an apartment that we rented from October 1, 2009 to September 30, 2010. Then the owners did their inspection themselves and came up with the following results, which we want to dispute: 1. Paint all the walls with 2 markings. Clean the device 3. Steam cleaning of carpet 4. Paint the bathroom ceiling and clean the other covers 5. Replace 7 globes The only comment with which we agree with the number 2, but we will deny the rest.
1. The painting of the walls must be done by the owner, as we have not left any marks on the walls. 2. We cleaned the carpets and made sure the carpet was in the same condition we found it in. 3. The owner used watercolor to paint the ceiling of the bathroom, the watercolor does not protect the ceiling from moisture and we advised the owners to tell the owner to use PVA for the ceilings, otherwise all tenants who will occupy this apartment will be victims of their deposit will be withheld or a strong deduction due to moisture on the ceiling of the bathroom. 4. We have left the globes in working conditions, we have actually replaced the globes with one that has a long life and saves electricity with our own money, so we do not agree with the inspection report.
How can we refuse this if we need our deposit so that we can pay for the apartment we want to rent on November 1, 2010? Unlawful Eviction and Occupation of Property (PIE Act): This law applies when a landlord wishes to evict a tenant. • The tenant must continue to pay their rent and utilities and not deduct the security deposit from their rent.