The Rights and Responsibilities of Renting

Do you rent a property?
Have you got a formal rental agreement or is it simply a verbal agreement?

Themba has agreed to first rent a property before buying one. He has already been paying Baba some rent for staying in his house, but he realises that it’s different when you have to rent from a stranger.

Themba’s rental agreement with Baba is a verbal one. This is fine, as Baba is family and it is unlikely that there will be disputes. It is much better to have a written lease agreement, though, when entering into a formal lease.

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Leases

Although South African common law accepts verbal leases, these are seen as only month-to-month leases and provide only the most basic of protection should things go wrong.

If a landlord (the owner of the property) doesn’t want a written lease agreement, you can insist on one. The landlord will then need, by law, to supply you with one.

There are many free lease agreement templates available on the internet which contain many of the standard clauses. But be careful before you sign one; you will need to read it through thoroughly to make sure that the landlord hasn’t put in any terms that you don’t agree with.

The lease agreement contains the rights and responsibilities of both the tenant (the person renting the property) and the landlord.

The standard terms that a lease agreement should cover are:

● Parties to the agreement
● Full details of tenant/s and landlord/s
● The property to be rented (usually the address)
● The amount of rent that will be charged
● The dates on which the rent needs to be paid
● How the rent is to be paid (into a bank account/cash etc.)
● Any other additional charges (such as electricity/water)
● The rental period (six months/one year)
● Terms of renewal of the lease
● The amount the rent will increase by annually should you continue to rent the property
● The rights and responsibilities of the tenant and the landlord

Deposits

Before you move into a rental property you will need to pay a deposit. This is an amount of money that you have to pay upfront to the landlord or rental agency before you move into the property. This is usually either one or two months of the agreed rent. If you have agreed on R4,000 per month, then you will pay either R4,000 (one month) or R8,000 (two months) as a deposit. You will still need to pay the actual rent itself as well as the deposit.

This money, by law, has to be kept in an interest-bearing account and it should be returned to you in full and with interest when the lease agreement ends.

If there is damage to the property, then the landlord may claim the cost of the repairs from the deposit.

If you disagree with the landlord about this, you will need to put your complaint in writing and, if it is not resolved, you can then approach the Rental Housing Tribunal (more on this below) to resolve the dispute.

You can also approach the Rental Housing Tribunal if the landlord does not return your deposit with interest at the end of the lease period.

Renter and landlord responsibilities

Property inspection
You and the landlord need to inspect the property before you move in as well as when you move out.

Put anything wrong with the property in writing (and take photographs if you want to). For example, if there is a cracked window in the lounge, then you need to put this on a written list.

Once you have listed everything that isn’t perfect about the property, then you and the landlord need to agree that these defects were there when you moved in. Keep a copy of this list!

When you leave the property, this inspection takes place again. The landlord cannot deduct money from your deposit to fix the cracked window in the lounge as the damage did not happen while you were staying in the house (and it was on your original list).

However, if you did not note it on the list, he may use the deposit to repair the damage. Similarly, if you have caused damage to the property, such as a cupboard door that was broken while you were staying there, then your deposit money can be used to fix it.

Having a list prevents disputes arising between you and the landlord but should one occur, then you can go to the Rental Housing Tribunal.

Once you are living in the house, you have a responsibility to look after it and to ‘return’ it to the landlord in the same condition in which he rented it to you. You are responsible for what is considered normal wear and tear.

What are you responsible for?
● Replacing light bulbs, broken door handles, locks and taps
● Fixing anything broken during your stay in the house (broken window, cupboard doors etc.)
● Looking after the garden
● Keeping the property clean

What is the landlord responsible for?
The landlord is responsible for any structural damage to the property unless the tenant caused the damage. This includes:

● The structure of the building (a leaking roof)
● The geyser (if it bursts and needs replacing)
● Electrical or plumbing issues

The landlord has to fix these things within fourteen days of your request. You aren’t allowed, by law, not to pay your rent and use the money to fix these things (unless that is what the landlord says you should do).

You can go to court or the Rental Housing Tribunal in order to force the landlord to repair the property. You can also, in some special cases, cancel your contract with the landlord.

What happens if you can’t afford to pay the rent anymore?

This often depends on what was in your original lease agreement. There may be a clause that allows you to get out of the contract or you might be tied up in knots with penalties for leaving early. Read and understand your contract before you sign it.

If you’re breaking your lease agreement before the set time, then you will need to approach your landlord. If the landlord can replace you with another tenant, then it may well be possible for you to break your lease.

However, the Consumer Protection Act does protect landlords should they not be able to replace you with another tenant. You may then have to pay a financial penalty for leaving early as well as the rent owed and the utility bills.

If you want to leave the property after the fixed time is up, you need to give the landlord one month’s written notice. If you plan to leave as soon as the lease period is up, then provide that one month written notice, a month before the end of the period – otherwise you’ll have to pay an additional month’s rent!

The Rental Housing Tribunal

South African law protects the rights of tenants in the Rental Housing Act. This is to try and make sure that there are as few disputes between tenants and landlords as possible. The law makes it clear what the rules are for everyone involved in renting properties.

However, disputes do still regularly arise and this, as you’ve probably gathered by now, is why the Rental Housing Tribunal was set up. If you have put your complaint in writing to your landlord and he still doesn’t do what he is supposed to, then you can contact the Rental Housing Tribunal to try and help you resolve the matter.

This tribunal has the legal power to force either a landlord or a tenant to attend a hearing about the matter in dispute. Its rulings can be enforced in the same way as a ruling from a magistrate’s court.

Each province in South Africa has a different Rental Housing Tribunal. Search the internet to find the one in your area.

Sadly, sometimes even the Rental Housing Tribunal can’t sort things out as tenants or landlords duck the law but that’s another matter! As long as you have a good lease agreement and a proper list of the defects in the house, then you have the law on your side in a time of possible turmoil and upset.

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Even renting a property can be a big step for a young couple to take. This is why it’s important for Themba and Lerato to budget for this in advance before moving out of Baba’s house.

Once you have decided to rent, you will need to search through properties – probably online first – and then arrange to view those that you think might be suitable. Once you’ve found the right one, read, agree on and sign a lease agreement and create your inspection list. Only then are you ready, once you’ve paid the deposit, to move in.