When renting a property, tenants should be in a position where they have knowledge about what to do if something goes wrong during their tenancy, what laws protect them, and what you can expect from signing the lease agreement. Rowan Terry, Senior Legal Counsel at TPN from MRI Software, responds to the most frequently asked questions by tenants.
Q: What is meant by tenant rights and obligations?
Tenant rights refer to the legal protections tenants have while renting a property, including the right to a safe and habitable living environment, privacy, and protection from unlawful eviction.
Obligations, on the other hand, are the responsibilities a tenant agrees to when entering into a lease agreement, such as paying rent, taking care of the property, and complying with the terms of the lease.
Tenant rights in a nutshell
Right to privacy:
Tenants have the right to privacy in their rented property. The landlord may only enter the property for inspections or repairs with reasonable notice and at a reasonable time. (Rental Housing Act, section 4(2))Right to a habitable dwelling:
Tenants are entitled to a property that is safe, structurally sound, and fit for living. The landlord must ensure that the property meets basic standards for health and safety. (Rental Housing Act, section 5(3)(a))Right to fair treatment:
Tenants have the right not to be unfairly discriminated against by the landlord on grounds such as race, gender, religion, or other protected characteristics. (Rental Housing Act, section 4(1))Right to have a lease agreement in writing:
If requested by the tenant, the landlord must provide a written lease agreement. This helps to clarify the rights and obligations of both parties. (Rental Housing Act, section 5(2))Right to get their deposit back with interest:
Tenants are entitled to the return of their deposit, with interest, within a specified time after vacating the property, provided there are no damages beyond normal wear and tear. (Rental Housing Act, section 5(3)(g))
These rights help protect tenants and ensure they have a fair, safe, and respectful rental experience.
Q: What law protects tenants and their rights?
Several laws in South Africa protect tenants:
Rental Housing Act (RHA): The RHA specifically governs the relationship between landlords and tenants, ensuring fair practices and resolving disputes. It set outs the rights and obligations of both parties to a lease agreement.
Consumer Protection Act (CPA): This Act protects tenants in terms of fixed term lease agreements and unfair terms.
Constitution of South Africa: South Africa’s Constitution provides basic rights, including protection against unlawful eviction.
Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE): This is a vital Act in South Africa as this ensures tenants cannot be evicted without following the correct legal process.
Q: What are a tenant's obligations?
Pay rent on time:
If tenants fail to pay rent on time, the landlord can take legal action to recover unpaid rent, potentially leading to eviction. Tenants may also be responsible for any legal costs incurred. (Rental Housing Act, section 4(5)(b))Take care of the property:
Tenants who damage the property beyond normal wear and tear can be held liable for repair costs. The landlord may deduct these costs from the tenant's deposit or seek additional compensation. (Rental Housing Act, section 4(5)(e)(ii))Allow inspections:
If tenants prevent reasonable access for inspections or maintenance, they may be in breach of the lease agreement. This can lead to penalties or even termination of the lease if the issue is severe. (Rental Housing Act, section 4(2))Follow house rules:
Failing to follow house rules can result in a breach of the lease. This may lead to warnings, penalties, or, in extreme cases, eviction if the tenant’s actions significantly disturb others or damage the property. (Rental Housing Act, section 5(8))Avoid illegal activities:
Engaging in illegal activities can result in immediate lease termination and eviction. The tenant may also face criminal charges, depending on the severity of the offense. (Rental Housing Act, section 4(3))Report issues promptly:
If tenants fail to report necessary repairs or hazards, they may be held liable for any resulting damages. For example, neglecting to inform the landlord of a leak could lead to additional repair costs for which the tenant might be responsible. (Rental Housing Act, section 5(3)(e))Pay deposits and handle appropriately:
Tenants are required to pay a deposit as specified in the lease agreement.At the end of the lease, any damages beyond normal wear and tear can be deducted from this deposit. The landlord must return the remaining deposit with interest within a stipulated time frame. (Rental Housing Act, section 5(3)(c) and section 5(3)(g))
Q: Additional rights, such as being able to escalate disputes?
Tenants have the right to escalate disputes, such as unfair rental increases or maintenance issues, to the Rental Housing Tribunal, which provides mediation and legal rulings without needing a court process. Tenants also have the right to privacy, and landlords must give reasonable notice before entering the property.
Q: Can a tenant refuse to be evicted without due procedure and who protects them?
Yes, a tenant can refuse eviction if it is not carried out through the proper legal process. The PIE Act protects tenants, requiring landlords to follow the legal eviction process through the courts. Any eviction without a court order is regarded as unlawful, and tenants can appeal such illegal actions.
Q: If a tenant wishes to exit from a lease agreement early, under what circumstances can they do so?
Tenants may exit a lease early under specific conditions:
Consumer Protection Act (CPA): Section 14 of the CPA specifically allows a tenant to cancel the lease early by providing 20 business days' notice, but the landlord may charge reasonable penalties if no replacement tenant is found within the 20 business days. Tenants must be careful and aware of these penalties before effecting their early cancellation. The penalties must be stipulated in the lease agreement.
Mutual agreement: If both tenant and landlord agree to end the lease early.
Material breach: If the landlord fails to meet their obligations (e.g., maintaining a habitable property), the tenant may be entitled to cancel the lease without after the landlord has failed to remedy the breach after receiving written notice to do so.
