Properly executed, joint tenant and landlord incoming and outgoing inspections are essential, says Dexter Leite, Pam Golding Properties Western Cape Rentals Manager.
Inspection reports are the only means of accurately comparing the state of the premises at the start and end of a lease.
This information is crucial because most disputes between landlords and tenants concern the return of tenant deposits once the lease has been terminated or come to an end and the tenant has vacated.
With an incoming report as firm evidence of the condition of the premises at the start of the lease, there can be no disagreements about perceived damage caused during the tenancy.
What the law says
The Rental Housing Act (no 50 of 1999) (RHA) prescribes that incoming and outgoing inspections are to be carried out for residential leases. The incoming inspection must be done jointly by the tenants and landlord before the tenants take occupation, to determine the state of the premises and to record any existing defects or damage to the premises.
The Rental Housing Act further states that the landlord and tenants are obliged to do a joint outgoing inspection of the premises within three days before the lease terminates or the tenants vacate the premises. This is done to determine the extent of any damages the tenants may have caused for which they may be held liable.
If the landlord doesn’t attend either of the inspections with the tenants, the landlord is deemed to acknowledge that the premises is in a good state, in which case the landlord cannot apply the tenants’ deposit to alleged damages caused to the premises.
Detailed information
Regardless of how trivial a defect may be, it is necessary to note it to avoid a dispute when the lease terminates or the tenants vacate,
says Leite.
“The inspection report must include a list of the defects in the premises. Both parties should sign the incoming inspection report and each party should keep a copy of the report for comparison purposes when the time comes to carry out the joint outgoing inspection.”
A complete inspection report should document the following;
Any nails, screws, or picture hooks in walls.
Any marks or stains on walls and floors.
Defects such as chipped and stained floor or wall tiles, worn carpeting, and ill-fitting carpet strips.
Defective window catches, door locks, and stair rails.
Broken windows and doors.
Leaking or dysfunctional taps.
Note the condition of particular fittings or features like ovens and hobs, built-in cupboards, braais, and fireplaces.
Leite says good photographs are essential tools for documenting evidence of any faults, as well as the general state of the entire property.
“Photographs accompanying written descriptions of any defects will make it virtually impossible for either party to dispute the condition of a rental property. But the photos must be clear,” says Leite.
Tenant obligations
Tenants need to be made aware that landlords are not obliged to make cosmetic repairs to a rental property. Tenants may be obliged to accept small faults if they don’t materially affect their use of the property.
Tenants usually have seven working days after accepting the keys of a rental property, to inform the landlord or managing agent of repairs needed at the property or of anything that was not noted in the incoming inspection report.
Any changes must then be added to the inspection report and must be signed by both parties.
Comprehensive inspection reports protect both landlords and tenants, and their importance cannot be overemphasised, says Leite.
