Renting a home or business space can be both exciting and stressful. As a tenant, you have legal rights and protections that ensure you are treated fairly. However, many tenants are unaware of these rights, leaving them vulnerable to unlawful eviction, unfair rental increases, and poor maintenance of the premises.
1. The Right to a Written Lease Agreement
A written lease is always endorsed. It clearly outlines your obligations and those of the landlord, reducing the risk of disputes.
Scenario:
Lebo agrees to rent an apartment from Mr. Moyo for R7,500 per month. Everything is agreed verbally, but months later, Mr Moyo suddenly increases the rent to R9,000, claiming it was always the agreed price. Without a written lease, Lebo struggles to prove her case.
Always insist on a written lease agreement. Under the Rental Housing Act, you have the right to request one.
2. The Right to a Cooling-Off Period (Under the Consumer Protection Act )
Suppose you enter into a lease agreement due to direct marketing (e.g., responding to a spontaneous advert or sales pitch). In that case, the Consumer Protection Act (CPA) gives you the right to cancel the lease within five business days without penalty.
Scenario:
David is approached at a shopping mall by an estate agent offering him a “limited-time deal” on a rental apartment. He signs the lease on the spot but later realises the location does not suit his work commute.
Since David signed the lease due to direct marketing, he can cancel it within five business days without paying penalties, as per the CPA.
3. The Right to a Habitable and Clean Property
A landlord is legally required to provide a habitable, clean, and safe property. This includes ensuring the premises are structurally sound, have adequate sanitation, and are free from infestations or serious health hazards.
Sipho moves into a rental house and immediately notices that the plumbing is faulty—his toilet won’t flush, and the kitchen sink constantly leaks. He reports the issue to his landlord, who keeps making excuses and delays fixing it. A few weeks later, the blocked drains led to a sewage backup, making the home unliveable.
The landlord is responsible for ensuring that the property remains safe and sanitary. Sipho has the right to demand urgent repairs, and if ignored, he can report the matter to the Rental Housing Tribunal or withhold a portion of the rent until the issue is resolved. The landlord must ensure the property remains fit for human habitation.
4. The Right to Fair Rental Increases
A landlord cannot increase your rent arbitrarily. The increase must be reasonable and in line with market rates and/or pre-agreed in the lease agreement. Most lease agreements specify how rental increases are determined.
Scenario:
Fatima has been leasing her shop for R12,000 per month. Without notice, her landlord informs her that rent will increase by 25% the following month.
Rental increases must be fair and based on market conditions. Fatima can challenge the increase at the Rental Housing Tribunal if she believes it is excessive.
5. The Right to Receive Your Deposit Back
At the start of a lease, landlords typically require a deposit, which must be held in an interest-bearing account. When the lease ends, the landlord must return the deposit with interest, minus any reasonable deductions for damages.
Scenario:
Kabelo moves out of his rental apartment in Johannesburg. The landlord refuses to return his deposit, claiming vague “cleaning costs.” Kabelo never received a breakdown of damages or repair invoices.
The landlord must provide a written statement detailing any deductions. If the deposit is unfairly withheld, Kabelo can take the matter to the Rental Housing Tribunal.
6. The Right to Exercise a Renewal Term (If Included in the Lease)
If your lease agreement includes an option to renew, you have the right to exercise it—provided it is not at the landlord’s sole discretion. Be cautious of lease agreements that state the landlord “may” renew the lease at their discretion, as this gives them the right to refuse renewal without reason.
Scenario:
Samantha has a one-year lease for her apartment with an option to renew for another year. She informs her landlord in writing that she wants to exercise her renewal option, but he refuses, saying he has found a new tenant. Upon reviewing her lease, she realised the renewal clause stated it was “subject to the landlord’s discretion.”
If a renewal option is included in your lease, it should be clear and binding, stating that the tenant has the right to renew the lease, not just that the landlord may allow it at their discretion. If the wording is unclear, seek legal advice before signing.
7. The Right to Not Be Evicted Without Due Process
A landlord cannot simply lock you out or remove your belongings without following legal eviction procedures. If a landlord wants to evict a tenant, they must obtain a court order under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act).
Scenario:
Nonhle falls behind on rent. One morning, she comes home to find the locks changed and her belongings outside. To make matters worse, her landlord has disconnected her water and electricity, claiming it’s a way to “encourage” her to leave.
This is an illegal eviction. A landlord may not disconnect your water, electricity, or other utilities as a means of forcing you out. Nonhle can approach the courts to be reinstated into the property and claim damages. She can also report the utility disconnection to the Rental Housing Tribunal, which can order the landlord to restore services immediately.
Tenants have strong legal protections, but these rights mean little if you’re not aware of them. If you ever find yourself in a rental dispute, it’s crucial to get the right legal support. At A de Bruyn Attorneys, we specialise in tenant rights and rental disputes, ensuring that you are treated fairly and lawfully.
Contact A de Bruyn Attorneys today for expert legal assistance and let us help you navigate your rental concerns with confidence.
By knowing and asserting your rights, you can enjoy a fair and secure rental experience.