Outlining four important rights and responsibilities of tenants in SA

In South Africa, millions of people rent accommodation from month to month. The amounts charged vary depending on where they live and what type of building they live in. However, when it comes to tenants’ rights and obligations, there are some universal rules to follow, which are laid out through statutory and non-statutory laws. The former is based on the passing of official acts, while the latter is based on tradition.

These laws explain what is expected of tenants and what tenants are entitled to from landlords. Navigating housing laws that regulate renting can be complex if you don’t fully understand them, so we wrote this blog to clarify what the main ones entail.

1. In terms of the deposit

The rights - the deposit money paid by a tenant must be invested and repaid with interest at the end of the lease.

The responsibilities - the tenant must keep the property in a reasonable condition and avoid causing damage to it. Failure to do so will result in the partial or complete loss of the deposit.

2. In terms of paying rent

The rights - tenants are entitled to receive detailed invoices and receipts relating to each rental payment. Also, the rental amount must stay the same during a fixed term that has been agreed upon.

The responsibilities - the full rental amount must be paid on time, as stipulated in the contract.

3. In terms of paying for electricity and water

The rights - tenants are entitled to review the landlord’s municipal statement to determine the payable amount.

The responsibilities - the tenant must use water and electricity sustainably and make payments on time.

4. In terms of cancelling your lease

The rights - a tenant can cancel a lease before it expires, as long as they officially inform the landlord 20 business days in advance, with the understanding that a reasonable penalty fee may be applied.

The responsibilities - the tenant must settle all outstanding payments before the cancellation becomes final.
For every right, there is an obligation that tenants must adhere to. Failing to keep your end of the bargain could result in losing money or, worse, expansive legal proceedings.   Make sure you understand the legal implications of signing a lease agreement by consulting with a reputable real estate professional.

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