Renting & Letting · 2026

Leasing 101

Renting a home is a legal relationship, not just a handshake. In South Africa it is governed mainly by the Rental Housing Act 50 of 1999 and the common law — and where a landlord lets in the ordinary course of business, the Consumer Protection Act too. This is the plain-language guide to the essentials for both sides of the lease.

Written & verified by

Cara Hendricks

Conveyancing Attorney

Cara is a conveyancing attorney who helps buyers, sellers and agents understand the legal side of property in plain language.

For landlords and tenants alike. Each section below sets out what the law expects of both sides, so you know your rights — and your obligations — before anyone signs.

1Always put it in writing

A verbal lease is legally valid in South Africa, but it is a bad idea for everyone. Under the Rental Housing Act, if the tenant asks for a written lease, the landlord must provide one. In practice, no lease should ever start without a signed document.

Why writing matters

Certainty: Prevents “he said, she said” disputes over rent, escalations, notice periods and who fixes what.
Proof: The Rental Housing Tribunal and the courts decide disputes on evidence. A signed lease is your best evidence.
Protection of the deposit: The incoming inspection defect list must be attached to the lease — without a written lease there is nothing to attach it to.
Completeness: The lease should record the rent, escalation, deposit, duration, notice periods, house rules, and who pays which charges.

2The deposit and the interest on it

The deposit is security for damage to the property and unpaid amounts at the end of the lease. It is not the last month’s rent, and the tenant may not “live out” the deposit.

The landlord

May require a deposit before the tenant moves in — commonly one to two months’ rent, with the amount agreed in the lease.
Must invest the deposit in an interest-bearing account with a financial institution, at a rate not less than that on a savings account.
Must give the tenant a written receipt, and proof of the interest earned if the tenant asks for it.
May only deduct the reasonable cost of repairing damage recorded at the outgoing inspection, and amounts lawfully owed (e.g. arrear rent).
Must refund the deposit plus interest: within 7 days of the lease ending if there are no deductions; within 14 days of restoring the property if there are deductions (with receipts/invoices available for inspection); within 21 days if the tenant failed to attend the outgoing inspection.

The tenant

Must pay the deposit as agreed before or on occupation.
May request written proof of the interest accrued on the deposit at any time during the lease.
Is entitled to the deposit plus interest back, less only lawful, documented deductions.
May not set the deposit off against the final month’s rent unless the landlord agrees in writing.
Should attend the outgoing inspection — failing to attend weakens the tenant’s position and extends the refund period.
May ask to see the receipts and invoices for any repair costs deducted.

3Incoming and outgoing inspections

Joint inspections are the single most important deposit-protection mechanism in the Rental Housing Act — and the step most often skipped.

If the landlord fails to inspect, the law deems the landlord to acknowledge that the property is in good order, and the right to deduct for damage from the deposit is effectively forfeited.

The landlord

Must jointly inspect the property with the tenant before the tenant moves in, and record all existing defects in a list attached to the lease.
Must arrange a joint outgoing inspection at a mutually convenient time within the 3 days before the lease ends.

The tenant

Should insist on the incoming inspection and make sure every defect — every mark, crack and broken fitting — is written down, signed and photographed.
Must return the property in the condition received, fair wear and tear excepted.
Should attend the outgoing inspection; if the tenant refuses or fails to attend, the landlord may inspect alone and the tenant loses the chance to contest findings on the spot.

4Maintenance — who fixes what

The general rule: the landlord maintains the structure and keeps the property fit to live in; the tenant looks after day-to-day upkeep and repairs damage the tenant causes. The lease can refine this, but it cannot make the tenant responsible for keeping the property habitable.

The landlord

Must deliver and maintain the property in a condition reasonably fit for the purpose it is let — habitable, safe and weatherproof.
Structural repairs: roof, walls, foundations, damp, plumbing and electrical systems, geysers, and fair wear and tear over time.
Compliance items: electrical certificate of compliance, and anything required by municipal by-laws.
May enter to inspect or repair, but only at reasonable times and by prior arrangement — not unannounced.

The tenant

Day-to-day care: keeping the property clean, replacing light bulbs, garden upkeep (if agreed), pest control arising from the tenant’s living habits.
Must repair (or pay for) damage caused by the tenant, household members or guests — negligence is not “wear and tear”.
Must report defects and maintenance problems to the landlord promptly, in writing. Silence that lets a small leak become rot can make the tenant liable.
May not alter, renovate or repaint without written consent.

5You may not withhold rent because you are unhappy

This is the rule tenants most often get wrong. If the landlord fails to repair something, the tenant may not simply stop paying rent. Withholding rent is itself a breach of the lease, and it hands the landlord a lawful ground to cancel and evict — even if the original complaint was justified.

What the tenant should do instead

Step 1

Report the problem in writing and keep proof (email, WhatsApp, letter).

Step 2

Give the landlord a reasonable written deadline to fix it.

Step 3

If nothing happens, lodge a complaint with the Rental Housing Tribunal (free) or take legal advice on remedies such as an order compelling repairs.

Only in narrow circumstances, on proper legal advice, may a tenant repair and deduct or claim a rent reduction — never as unilateral self-help. Landlords, equally, may not resort to self-help: no changing locks, no cutting water or electricity, no seizing the tenant’s goods, and no eviction without a court order under the PIE Act. These are unfair practices (and in some cases criminal offences).

6Utilities, rates and taxes — who pays

The lease must spell this out. This is the default position in practice — but always check what your own lease says.

The landlord

Pays municipal property rates and taxes — these are levied on the owner.
Pays levies to the body corporate or homeowners’ association (sectional title / estates).
Pays for the availability of services where agreed (e.g. fixed sewerage/refuse charges are often carried by the owner, but this varies — check the lease).
Should ensure municipal accounts stay paid where the account is in the owner’s name, and pass on consumption charges with supporting statements.

The tenant

Pays for own consumption: electricity, water usage, gas — either on a prepaid meter, own municipal account, or as recharged by the landlord.
Pays for own services: internet, DSTV, telephone.
Is entitled to see the underlying municipal invoice or meter readings when the landlord recharges consumption.
Should take meter readings (with photos) at move-in and move-out to avoid paying for someone else’s consumption.

7Early cancellation of a fixed-term lease

A fixed-term lease binds both parties for its full duration — but the Consumer Protection Act (CPA) creates an important escape hatch, with conditions.

When the CPA applies

(Landlord lets property in the ordinary course of business, and the tenant is a natural person.) The tenant may cancel a fixed-term lease early on 20 business days’ written notice, at any time and for any reason. The landlord may then charge a reasonable cancellation penalty — reasonable means it must reflect actual loss (e.g. rent lost while re-letting, advertising costs), not a punitive figure like all remaining months’ rent.

When the CPA does not apply

(Private, once-off landlord not letting in the ordinary course of business; or the tenant is a company/trust.) The common law governs. The tenant has no automatic right to cancel early, and leaving before the end of the term is a breach — the tenant remains liable for the landlord’s damages, though the landlord has a duty to mitigate by trying to re-let.

Other cancellation points worth knowing

A landlord under the CPA may only cancel for a material breach, after giving the tenant 20 business days’ written notice to remedy it — and even then, eviction still requires a court order.
On expiry of a CPA fixed-term lease, if neither party acts, the lease continues automatically month-to-month on the same terms.
Month-to-month leases are terminated on notice — at least one full calendar month’s written notice under the Rental Housing Act.

8Disputes: the Rental Housing Tribunal

Every province has a Rental Housing Tribunal. It is free, no lawyer is required, and its rulings have the force of a magistrate’s court order. Either party — landlord or tenant — may lodge a complaint about an “unfair practice”.

Typical complaints the Tribunal handles

Deposits not refunded, or refunded without proof of deductions.
Failure to maintain the property / unacceptable living conditions.
Unlawful lockouts, disconnection of water or electricity, or seizure of the tenant’s goods.
Exploitative rentals or unlawful rent increases.
Non-payment of rent and tenants overholding (landlord complaints).

While the Tribunal is considering a complaint, the landlord may not evict the tenant, and the tenant must keep paying rent. Complaints are lodged with the provincial Tribunal (contact details available from your municipality’s Rental Housing Information Office or the provincial Department of Human Settlements).

Quick-reference summary

Topic	Landlord	Tenant
Lease	Must give a written lease if the tenant requests one.	Always insist on a written, signed lease.
Deposit	Invest in interest-bearing account; refund with interest in 7 / 14 / 21 days.	Entitled to interest; may not “live out” the deposit.
Inspections	Joint in-going and out-going inspection or forfeit damage deductions.	Attend both; record and photograph everything.
Maintenance	Structure, habitability, systems, wear and tear.	Day-to-day care; damage caused by tenant; report defects in writing.
Rent	May not cut services, lock out or evict without a court order.	May never withhold rent as a protest — use the Tribunal.
Utilities & rates	Rates, taxes and levies.	Own consumption: electricity, water, gas, internet.
Early exit	Reasonable cancellation penalty only (CPA); duty to mitigate.	20 business days’ notice if CPA applies; otherwise liable for damages.
Disputes	Rental Housing Tribunal — free, binding, no lawyer needed.	Rental Housing Tribunal — free, binding, no lawyer needed.

This guide is general information on South African residential letting, current as at mid-2026, and is not legal advice. The Rental Housing Amendment Act 35 of 2014 (which will, among other things, make written leases compulsory) has been signed but is not yet in force. For advice on a specific lease or dispute, consult an attorney or your provincial Rental Housing Tribunal.

Still have questions?

This guide is general information on residential letting — it isn’t legal advice. For anything specific to your lease or dispute, ask our resident attorney Cara — or get an instant answer from our assistant.

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