The Rental Housing Act 50 of 1999, as amended by the Rental Housing Amendment Act 35 of 2014, is the primary legislation governing the relationship between landlords and tenants in South Africa. It sets out the rights and obligations of both parties and establishes the Rental Housing Tribunal as a dispute resolution body.
Written lease agreements
A lease does not have to be in writing to be valid, but a written agreement is strongly recommended. If a tenant requests a written lease, the landlord is legally required to provide one. The lease must include the rental amount, payment date, lease duration, deposit amount and the obligations of both parties.
Rental Housing Tribunal
Each province has a Rental Housing Tribunal that handles disputes between landlords and tenants at no cost. Either party can approach the Tribunal for matters such as unfair lease clauses, deposit disputes, illegal eviction threats and failure to maintain the property.
Rental increases
Rental increases must be agreed upon in the lease or notified in writing with the appropriate notice period. A landlord cannot increase rent mid-lease unless the lease explicitly allows for it. For month-to-month tenancies, one month's written notice is generally required before a rental increase takes effect.
Both landlords and tenants have obligations regarding the condition of the property.
Landlord obligations
The landlord is responsible for ensuring the property is in a habitable condition when the tenant moves in and for maintaining it in that condition throughout the lease. This includes the roof, plumbing, electrical systems and structural elements.
Tenant obligations
The tenant is responsible for keeping the property clean and in good order. The tenant must report defects to the landlord promptly and is responsible for damage caused by their own negligence or misuse.
Fair wear and tear
Normal deterioration from reasonable use, such as faded paint or worn carpets over several years, is considered fair wear and tear and cannot be deducted from the deposit. Damage resulting from negligence or misuse can be deducted.
The Consumer Protection Act 68 of 2008 applies to residential lease agreements where the landlord is acting in the ordinary course of business (e.g., professional landlords and property managers). It provides tenants with additional protections.
Right to cancel a fixed-term lease
Under the CPA, a tenant may cancel a fixed-term lease before its expiry by giving 20 business days' written notice. The landlord may charge a reasonable cancellation penalty but cannot insist the tenant remain in the property or pay the full remaining rent.
Plain language requirement
Lease agreements must be written in plain and understandable language. Clauses that are excessively one-sided, misleading or that waive the tenant's statutory rights may be found to be unfair under the CPA.
Application to private landlords
Private landlords who rent out property only occasionally may not be subject to the CPA, but they remain subject to the Rental Housing Act. The CPA is most clearly applicable to property management companies and landlords with multiple rental units.
The Rental Housing Tribunal handles disputes between landlords and tenants at no cost. Contact your provincial tribunal to lodge a complaint or seek guidance.
Western Cape: 021 483 5158
Gauteng: 011 355 4000
Contact your provincial government for local tribunal details.