KNOW YOUR RENTAL RIGHTS AND RESPONSIBILITIES

Renting a property is a shared responsibility between landlords and tenants, and knowing the rules can help maintain a positive relationship. In South Africa, laws like the Rental Housing Act and Consumer Protection Act ensure both parties’ rights are protected. Here’s what landlords need to understand about handling tenant issues and the steps they can legally take in challenging situations.

What Landlords Cannot Do

1. Landlords cannot shut off utilities like water or electricity, even if a tenant hasn’t paid rent.
2. Rent increases must align with the lease agreement and cannot be imposed arbitrarily to cover unexpected costs.
3. Landlords must seek permission before entering a rental property, except in emergencies or when following legal notice requirements.
4. Neglecting necessary repairs could lead to legal action from tenants.
5. Locking tenants out or forcing them to leave without a court order is illegal and can result in fines or other penalties. If a landlord unlawfully locks out a tenant, courts may issue a spoliation order to restore the tenant’s access, even if they owe rent.
6. Landlords cannot cancel leases early unless the tenant breaches the terms, and even then, they must follow legal procedures.

It is wise to handle tenants legally and the easiest way to maintain a landlord-tenant relationship, is to start with communication before you send a formal letter to the tenant indicating their breach of the lease agreement. Furthermore, a Landlord should at all costs avoid lockouts without a court order.

In South Africa a formal Eviction process exist, and it starts with the service of a notice of eviction whereafter the application for a formal eviction order follows if the tenant fail to adhere to the terms of the lease agreement. If the application for an eviction order is successful, the court will order that the tenant/s must vacate by a specified date. If not, a court sheriff enforces the eviction.

The Eviction process must be done according to the South African court’s rules and legislation which makes the process complex. The law requires landlords to follow proper procedures to address unpaid rent, which could lead to legal action or eviction.

In order to avoid mistakes that might result in delays, costs, or legal repercussions, we suggest that you consult a lawyer to ensure the proper handling of any disputes.