Lease agreement generator

A residential lease that includes everything section 5 of the Rental Housing Act requires, plus the Consumer Protection Act notice rules. Fill in the form, read the lease, then download it as PDF or Word.

Source: LawLibrary, South African Government, Government Gazette (dtic)Last checked 30 October 2026Some points still being verified

Sources and notes

Rental Housing Act: deemed lease terms and deposit deadlines — effective 13 May 2008
- Rental Housing Act 50 of 1999 (as amended by Act 43 of 2007), ss 4, 5, 13 and 16 (consolidated text, version of 13 May 2008) (LawLibrary)
- Rental Housing Amendment Act 35 of 2014: commencement to be proclaimed (South African Government)
- Still to verify: The Estate Agency Affairs Act 112 of 1976 referred to in s5(3)(d) was replaced by the Property Practitioners Act 22 of 2019. Confirm the trust-account interest rules for deposits held by property practitioners against the PPA and its regulations.
Consumer Protection Act s14: fixed-term agreements (leases) — effective 1 April 2011 (some points still being verified)
- Consumer Protection Act 68 of 2008, ss 2(6), 5 and 14 (consolidated text, version of 13 March 2015) (LawLibrary)
- Consumer Protection Act Regulations, GN R293 of 1 April 2011 (Government Gazette 34180), regulation 5 (Government Gazette (dtic))
- Still to verify: The CPA applies only where the landlord lets 'in the ordinary course of business'. Whether a private owner letting one property is covered has been argued both ways; confirm against current case law before stating it as settled.
- Still to verify: There is no official formula for the cancellation penalty. The calculator lets the user enter an amount and lists the reg 5(2) factors; do not present any penalty figure as the legal amount.
- Still to verify: Confirm the juristic-person threshold currently set under CPA s6 (GN 294 of 2011 set R2 million asset value or turnover).

The terms in s5(3) are deemed part of every residential lease and cannot be waived by either party (s5(4)).
The deposit must be invested in an interest-bearing account with a bank, at no less than the bank's savings rate, and the interest belongs to the tenant (s5(3)(d)). Deposits held by an estate agent (now a property practitioner) are governed by the estate agency legislation instead.
If the landlord does not do the move-in or move-out inspection with the tenant, the dwelling is deemed to be in good repair and the full deposit plus interest must be refunded (s5(3)(j)).
The Rental Housing Amendment Act 35 of 2014 has not commenced. When it does, written leases become compulsory and some section numbers change.
Business days exclude the day of the first event, include the last day, and skip Saturdays, Sundays and public holidays (CPA s2(6)).
On early cancellation the tenant still owes amounts due up to the cancellation date, and the landlord may charge a reasonable cancellation penalty (s14(3)), judged by the factors in regulation 5(2). The penalty may not be so high that it cancels out the right to cancel (reg 5(3)).
At the end of the fixed term the lease continues month to month unless the tenant ends it or agrees to renew (s14(2)(d)).
Section 14 does not apply where both parties are juristic persons (s14(1)), and the CPA as a whole does not apply where the tenant is a juristic person at or above the Minister's size threshold (s5(2)(b)).

Lease details

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Landlord

Tenant

The dwelling

Period and rent

Charges and rules

Add the full names of the landlord and the tenant (Rental Housing Act s5(6)(a)).
Add the landlord's address in South Africa for formal notices (s5(6)(a)). If you leave the tenant's blank, the dwelling is used.
Describe the dwelling being let (s5(6)(b)).
Choose the date the lease starts.
Choose the date the fixed term ends, or switch to a month-to-month lease (s5(6)(f)).

Residential lease agreement (fixed term)

1. The parties

Landlord: ____________________. Address for formal notices: ____________________.

Tenant: ____________________. Address for formal notices: the dwelling described in clause 2.

Both parties choose these addresses for formal notices. Either party may change its address by written notice to the other.

2. The dwelling

The Landlord lets to the Tenant the dwelling at ____________________ ("the dwelling"), for use as a home.

The dwelling is let unfurnished.

3. Lease period

This lease starts on ____________________ and ends on ____________________ (fixed term).

The Tenant may cancel this lease at any time by giving the Landlord 20 business days' notice in writing (Consumer Protection Act s14(2)(b)(i)). The Tenant remains liable for amounts owed up to the date of cancellation, and the Landlord may charge a reasonable cancellation penalty as allowed by s14(3) and regulation 5 of the Consumer Protection Act Regulations.

Not more than 80 and not less than 40 business days before the lease ends, the Landlord will notify the Tenant in writing of the end date, any material changes for a renewal, and the Tenant's options (s14(2)(c)).

If the Tenant stays on after the end date with the Landlord's consent and no new written lease is signed, the lease continues month to month on the same terms, and either party may end it on at least 1 month's written notice (Rental Housing Act s5(5); CPA s14(2)(d)).

4. Rent

The rent is R8 500.00 a month, payable in advance on or before the 1st day of each month, without deduction.

Rent is paid by electronic transfer into the bank account the Landlord gives the Tenant in writing.

The rent increases by 6% on each anniversary of the start date that falls within the lease period.

5. Receipts

The Landlord will give the Tenant a dated written receipt for every payment. Each receipt will show the address of the dwelling, whether the payment is for rent, arrears, deposit or something else, and the period it covers (Rental Housing Act s5(3)(a) and (b)).

6. Deposit

Before moving in, the Tenant pays a deposit of R8 500.00 (s5(3)(c)).

The Landlord will invest the deposit in an interest-bearing account with a bank, at a rate not less than that bank's savings account rate. The interest belongs to the Tenant. During the lease the Tenant may ask for written proof of the interest earned, and the Landlord must provide it (s5(3)(d)). If the Landlord is a registered property practitioner (estate agent), the deposit and interest are held in terms of the law that governs property practitioners.

If nothing is owed when the lease ends, the Landlord refunds the deposit and all interest, without any deduction, within 7 days of the end of the lease (s5(3)(i)).

If amounts are owed, the Landlord may use the deposit and interest to pay amounts the Tenant owes under this lease, including the reasonable cost of repairing damage caused during the lease (not fair wear and tear) and of replacing lost keys. The balance is refunded within 14 days of the dwelling being returned to the Landlord, and the receipts for those costs must be available for the Tenant to inspect (s5(3)(g) and (h)).

If the Tenant does not respond to the request for an outgoing inspection, the Landlord inspects the dwelling within 7 days after the lease ends and refunds any balance within 21 days after the lease ends, with receipts available for inspection (s5(3)(k) to (n)).

7. Inspections

Before the Tenant moves in, the Landlord and Tenant will inspect the dwelling together and list any defects or damage. The list is signed by both and attached to this lease as Annexure A (s5(3)(e) and s5(7)).

Within 3 days before the lease ends, the parties will arrange a joint inspection at a time convenient to both, to check for damage caused during the tenancy (s5(3)(f)).

If the Landlord does not do these inspections with the Tenant, the Landlord is deemed to accept that the dwelling is in a good and proper state of repair and must refund the full deposit plus interest (s5(3)(j)).

8. Utilities and other charges

Electricity is supplied through a prepaid meter and the Tenant buys their own electricity. Water is included in the rent unless stated under other charges.

Other charges payable in addition to the rent: none.

Any cost relating to this lease is only payable by the Tenant on proof of actual expenditure by the Landlord (s5(3)(p)).

9. Use of the dwelling

The dwelling may be used only as a home, by no more than 2 people, unless the Landlord agrees otherwise in writing.

The Tenant may not sublet the dwelling or give up possession of it without the Landlord's written consent, which will not be unreasonably withheld.

No pets may be kept without the Landlord's written consent.

The Tenant will not cause a nuisance to neighbours and will comply with the by-laws that apply to the dwelling.

10. Maintenance and repairs

The Landlord keeps the dwelling, including its roof, walls, plumbing, wiring and fixtures supplied by the Landlord, in a good state of repair and fit to live in, and fixes defects within a reasonable time after being told about them.

The Tenant keeps the inside of the dwelling clean and in good order, reports defects promptly in writing, and pays for damage caused by the Tenant, the Tenant's household or visitors, other than fair wear and tear (s4(5)(d) and (e)).

The Tenant may not make alterations or additions without the Landlord's written consent.

11. Privacy and access

The Tenant has the right to privacy. The Landlord may inspect the dwelling only in a reasonable manner, at reasonable times, after reasonable notice to the Tenant, except in an emergency (s4(2)).

The Landlord may not search the Tenant, the Tenant's home or possessions, or seize the Tenant's possessions except under a law of general application after first obtaining a ruling of the Rental Housing Tribunal or an order of court (s4(3)).

12. Breach and cancellation

If the Tenant materially breaches this lease (for example, does not pay the rent on time), the Landlord may give the Tenant written notice of the breach. If the Tenant has not fixed the breach within 20 business days, the Landlord may cancel the lease (Consumer Protection Act s14(2)(b)(ii)).

Cancellation does not entitle the Landlord to remove the Tenant. The Landlord may only repossess the dwelling after obtaining an order of court (Rental Housing Act s4(5)(d)(ii); Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998). Locking the Tenant out or cutting off utilities without a court order is a criminal offence (s16(hA)).

If the Tenant moves out before the lease ends without notice, the lease is deemed to have ended on the date the Landlord establishes that the Tenant has moved out, and the Landlord keeps all rights arising from the breach (s5(3)(o)).

13. Disputes

Either party may lodge a complaint about an unfair practice with the Rental Housing Tribunal of the province in which the dwelling is situated. The Tribunal's services are free (Rental Housing Act s13).

The Landlord may not unfairly discriminate against the Tenant, the Tenant's household or visitors on any ground, including race, gender, pregnancy, marital status, sexual orientation, age, disability, religion, culture or language (s4(1)).

14. General

The terms that the Rental Housing Act deems to be part of every lease apply to this lease and cannot be waived by either party (s5(3) and (4)). If anything in this lease conflicts with the Rental Housing Act or the Consumer Protection Act, the Act applies.

There are no House Rules for this dwelling.

This document is the whole agreement. Any change must be in writing and signed by both parties. Each party keeps a signed copy.

Signed by the Landlord: ______________________________ Date: ____________ Place: ____________

Signed by the Tenant: ______________________________ Date: ____________ Place: ____________

Witness 1: ______________________________ Witness 2: ______________________________

Annexure A: Incoming inspection report and list of defects (signed by both parties).

General information, not legal advice. KayaPact gives general information and document templates based on the Rental Housing Act, the Consumer Protection Act and related laws. It is not legal advice and does not create a lawyer-client relationship. Laws and your lease may change the answer for your situation: for disputes, speak to the Rental Housing Tribunal in your province, a Rental Housing Information Office, Legal Aid South Africa or an attorney. Your names, ID numbers and bank details stay in your browser and are not put in the page address.

What this lease covers

Everything s5(6) requires: parties and addresses, the dwelling, rent and escalation, deposit, period or notice, obligations and other charges.
Deposit rules (s5(3)(c) to (n)): an interest-bearing account, interest to the tenant, and refunds within 7, 14 or 21 days.
Joint inspections at move-in and within 3 days before the end, with the defects list as Annexure A. Use the inspection checklist for it.
Consumer Protection Act s14: the tenant's right to cancel on 20 business days' notice, the landlord's 20 business days for breach, and the expiry reminder.
Both sides' rights: privacy and reasonable notice for inspections, no lockouts, eviction only by court order, and the free Rental Housing Tribunal for disputes.

Before you sign

Do the joint move-in inspection and attach the signed defects list.
Attach any House Rules (for example, a sectional title complex's conduct rules).
Both parties initial every page and sign the last page, ideally with two witnesses. Each keeps a signed copy.

Frequently asked questions

Does a lease in South Africa have to be in writing?

Under the Rental Housing Act as it stands, a lease does not have to be in writing, but the landlord must put it in writing if the tenant asks (s5(1) and (2)). A written lease is strongly recommended for both sides. The Rental Housing Amendment Act of 2014 will make written leases compulsory once it comes into force; its commencement date has not been proclaimed.

What must a written lease include?

Section 5(6) of the Rental Housing Act lists 8 items: the names and South African addresses of both parties, a description of the dwelling, the rent and any reasonable escalation, how often rent is paid if not monthly, the deposit, the lease period or notice period, the obligations of both parties, and any other charges. This generator includes all of them.

Can a lease take away the tenant's rights under the Act?

No. The deposit, receipt and inspection terms in s5(3) are deemed to be part of every lease and cannot be waived by either party (s5(4)). If a clause conflicts with them, the Act applies.

Can the tenant cancel a fixed-term lease early?

Where the Consumer Protection Act applies, yes: the tenant may cancel at any time on 20 business days' written notice, remains liable for rent up to the cancellation date, and the landlord may charge a reasonable cancellation penalty (s14). Use the notice period calculator to find the dates.

Is this lease legal advice?

No. It is a template that follows the Acts, to help you start. Read every clause and change it to fit your arrangement. For complex situations, such as commercial premises, sectional title rules or shared ownership, ask an attorney.