Tenants’ rights and obligations

The rights and obligations of tenants are covered in both statutory and non-statutory (common) law. They are also set out in Housing Act.

In terms of the law, a tenant is obliged to:

  • Make prompt and regular payment of rent and other charges payable in terms of the lease.
  • Take good care of the property and not use it for other purposes than for which it was let.
  • Restore it to the same condition that he/she received it when the lease ends.
  • Pay a deposit, the amount of which should be agreed upfront between the landlord and tenant.
  • Have a joint incoming and outgoing inspection of the premises with the landlord.

 

Other rights and obligations

Deposit

  1. If a landlord is holding the deposit, it must be refunded with interest. The interest may not be less than the rate applicable to a savings account with a financial institution. You may during the lease period request the landlord to provide written proof in respect of the interest that accrues on the deposit. If the landlord is a registered estate agent, the deposit and interest are dealt with as specified in the Estate Agency Affairs Act, 1976.
  2. A landlord cannot use the deposit to upgrade the property when the tenant leaves.
  3. A tenant may not view the deposit as rent at any time during the lease, including in the last month of the agreement.
  4. If the tenant remains in the premises after the lease expires with the landlord’s express or tacit consent, in the absence of a further written lease the same terms and conditions of the expired lease apply, except that one month’s written notice must be given by either party of their intention to terminate the lease.

 

Deposit refund

  1. A tenant must attend the incoming and outgoing inspections.
  2. A tenant should take care of the premises during the rental term and return the premises in the same good order as it was given to him/her.
  3. If it is determined at the outgoing inspection that there is no damage to the premises, the deposit must be refunded to a tenant within seven days. As a landlord may also use the deposit to cover any amount a tenant owes, including utilities, the balance of the deposit may only be returned after a landlord receives the final electricity and/or water account. This may be up to a month after a tenant moves out.
  4. At the expiry of the lease, the landlord may apply the deposit and interest towards the payment of all amounts for which the tenant is liable under the lease, including the reasonable cost of repairing damage to the dwelling durng the lease period and the cost of replacing lost keys. The balance of the deposit and interest must be refunded to the tenant within 14 days of the repairs.
  5. If a tenant does not respond to the landlord’s request for an inspection, the landlord must inspect the dwelling within seven days of the lease expiry to assess any damages or loss which occurred during the tenancy.
  6. attend the outgoing inspection, the landlord must refund the deposit with 21 days of termination of the lease.
  7. If the landlord does not conduct an outgoing inspection, this is deemed to be an acknowledgement by the landlord that the premises is in a good and proper state of repair and the landlord will have no further claim against the tenant who must then be refunded the deposit and interest.

 
Rent

  • A tenant has a right to receive a receipt for all monies paid to the landlord.
  • A tenant can request a rental invoice that sets out the individual costs such as basic rent, electricity, water and parking.
  • A landlord may not increase the rent during the fixed term period, unless this is indicated in the lease (eg an annual increase in rent).
  • A tenant must pay the full amount of rent and all additional charges on the due date to the landlord’s specified account.

 
Utilities

  1. A tenant has a right to inspect the landlord’s municipal account to check the accuracy of the charges passed on to him.
  2. A tenant is expected to use utilities responsibly and understand that he/she is obliged to pay for his/her usage of these.
  3. A landlord can only pass on to a tenant an increase in levies or rates and taxes if the lease makes provision for this.

 
Early cancellation of a lease agreement

  1. A tenant can cancel a lease early by giving the landlord 20 business days’ notice, but the tenant will be liable for a reasonable cancellation penalty.
  2. A tenant remains responsible for the full payment of rent and utilities on the date they fall due.
  3. A tenant may not ask the landlord to use the deposit for rent during the cancellation period.

 
Maintenance

  1. A tenant is responsible for maintaining the property in the good condition it was given to him/her. It is to be returned to the landlord in a good state of repair, save for fair wear and tear.

 

Tenant’s credit profile

  1. A tenant has the right to accurate information in terms of his/her credit profile with the credit bureaus.
  2. A tenant has the right to dispute any inaccurate information that a credit bureau may hold on his/her credit profile.
  3. A tenant must make full and timeous payment to the landlord to ensure and build a positive credit profile. This will assist the tenant if he/she wants to rent again in future.

Knowing your rights and obligations as a tenant go a long way to enjoying a good relationship with your landlord, so ensure you read the lease carefully and understand your responsibilities.