Landlord and tenant rights in South Africa

Tenants' rights

• No unfair discrimination when the dwelling is advertised, during negotiation, or during the lease (s4(1)).
• Privacy: the landlord may inspect only reasonably and after reasonable notice. The tenant's person, home and possessions may not be searched, and possessions may not be seized without a Tribunal ruling or court order (s4(2) to (4)). These rights also protect the household and visitors.
• A written lease on request: leases need not be in writing, but the landlord must put it in writing if the tenant asks (s5(2)).
• Receipts for every payment, dated and showing what the payment was for (s5(3)(a) and (b)).
• Deposit protection: the deposit earns interest for the tenant and must be refunded on time (s5(3)(c) to (n)). See the deposits guide.
• Joint inspections at the start and end of the lease (s5(3)(e) and (f)).
• No lockouts: locking a tenant out or cutting off utilities without a court order is a criminal offence (s16(hA)).
• A free Tribunal for disputes about unfair practices (s13).

Landlords' rights

• Prompt and regular payment of rent and agreed charges (s4(5)(a)).
• Recovering unpaid rent after obtaining a Tribunal ruling or a court order (s4(5)(b)).
• Ending the lease on grounds that are not an unfair practice and are set out in the lease (s4(5)(c)).
• Getting the dwelling back in good repair, apart from fair wear and tear, and repossessing it after obtaining a court order (s4(5)(d)).
• Compensation for damage caused by the tenant, their household or visitors (s4(5)(e)).
• Inspecting the property at reasonable times after reasonable notice (s4(2)).

What every lease includes

Whatever the paperwork says, the terms in s5(3) about receipts, the deposit and inspections are part of every lease and cannot be waived (s5(4)). A written lease must also contain:

1. Names of the tenant and landlord and their addresses in South Africa for formal communication
2. Description of the dwelling
3. The rent and any reasonable escalation
4. How often rent is paid, if not monthly
5. The deposit, if any
6. The lease period, or the notice period if there is no fixed period
7. Obligations of the tenant and the landlord
8. The rent and any other charges payable in addition to rent

A list of defects found at the move-in inspection, and any House Rules, must be attached (s5(7) and (8)). Our lease agreement generator includes all of this.

Ending a lease

• Fixed-term lease, tenant cancels early: where the Consumer Protection Act applies, 20 business days' written notice, with rent payable up to that date and possibly a reasonable cancellation penalty (CPA s14).
• Tenant breaches the lease: the landlord gives written notice, and may cancel if the breach is not fixed within 20 business days (CPA s14(2)(b)(ii)).
• Month-to-month lease (including a fixed lease that has run out while the tenant stays on): at least 1 month's written notice by either side (RHA s5(5)).
• After cancellation, a tenant who does not leave can only be removed by a court order. See the eviction process.