Joint inspections at the start and end of the lease are required by law. This helps avoid disputes regarding damages and allows landlords to use deposits only for actual damages. Here's a checklist to guide both landlords and tenants through the process:
Pre-Occupancy Inspection Checklist:
- Schedule a joint inspection: Arrange a pre-occupancy inspection before the tenant moves in, as required by South African rental law.
- Create a written report: Document the condition of every aspect of the property, including walls, floors, appliances, fixtures, and exterior features like gardens or driveways.
- Sign the report: Ensure both parties (landlord and tenant) sign the inspection report. Keep a copy for reference.
- Take date-stamped photos: Capture comprehensive, date-stamped photos of the property to create a visual record. Focus on any pre-existing damage or defects.
- Store documents safely: Keep copies of the signed inspection report and photos for the entire lease duration, and share them with both parties.
Final Inspection Checklist:
- Schedule the inspection: Conduct the final joint inspection within three days before the lease expiration.
- Bring the initial report: Use the pre-occupancy report as a reference to compare the property’s condition at the end of the lease.
- Document changes: Note any damages beyond normal wear and tear, such as broken fixtures or excessive staining. Minor wear and tear should not result in deductions.
- Take final photos: Use date-stamped photos during the final inspection to document the property’s condition at the end of the lease.
- Sign off on the report: Both parties should sign the final inspection report and agree on any damages or deductions.
Using Date-Stamped Photos to Avoid Disputes:
- Ensure all areas are photographed: Take photos of all rooms, appliances, floors, walls, and even outdoor areas during both inspections.
- Use date stamps: Ensure your camera or phone is set to display the date on each photo to provide proof of when the images were taken.
- Keep copies of photos: Store these photos along with the inspection reports to avoid disputes when the lease ends.
Following these steps ensures that both landlords and tenants protect their interests and remain compliant with South African law, particularly regarding the handling of rental deposits and potential damage disputes.
You can read more about the legal requirements in the Rental Housing Act (RHA) here.
