Landlord Rights
If you have never rented out a property before, you need to know your rights as a landlord, and your obligations to the tenant.
In terms of the law, under which there are a number of Acts to protect landlords and tenants, you should be aware of what you can and cannot do, and how you manage your property. Elize le Roux, CEO of Xpello, a breach management and eviction solutions company, guides you through the law in simple terms.
What are the basic rights and obligations of a landlord?
The rights and obligations are set out in the Rental Housing Act (RHA).
- Landlord Rights:
- To receive rent and remuneration in terms of the lease in full and on time.
- The tenant has to look after the property.
- Landlord Obligations:
- The property should be maintained.
- To keep the deposit in an interest-bearing account.
- Provide tenants with invoices of rent due and receipts of money paid.
- Respect the tenant’s right to privacy.
How important is it for tenants to understand those?
Today, many tenants know their rights; however, these are not always clearly defined. For example, some misunderstandings include:
- Responsibility for maintenance or repairs.
- The process to address grievances, such as sending a Letter of Demand before withholding rent.
Should landlord rights be outlined in a lease agreement?
Essential clauses such as rent amount and payment schedules should be standard in lease agreements. Even if not explicitly included, landlords can rely on legislation to enforce their rights.
It is vital for landlords to understand how to enforce their rights and follow correct processes.
Do these rights and obligations inform tenancy management?
Both landlords’ and tenants’ rights and obligations contribute to a harmonious relationship. Modern lease agreements increasingly include tenant rights and landlord obligations.
Can a landlord modify tenant rights through a clause?
A landlord cannot take away a tenant's rights. Poorly drafted agreements risk being invalid. For example, inspection clauses should be reasonable and agreed upon by both parties to avoid disputes.
Are new landlords adequately informed?
Many landlords lack proper education on their obligations, which could impact their rights. Regular training and staying updated on laws, such as the RHA and Consumer Protection Act, are crucial.
Should landlords employ managing agents?
Hiring managing agents can save time and ensure impartial decision-making. This is especially beneficial for landlords unfamiliar with the processes.
Foremost considerations for new landlords
- Account for maintenance costs.
- Evaluate the property's suitability for renting.
- Choose experienced agencies with reliable management systems.
- Follow legal processes to avoid prejudice.
