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South Africa: Landlord and Tenant

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Last Updated: Jul 03, 2006

Pro-landlord laws

Rent: Can landlord and tenant freely agree rents in South Africa?

Rents can be freely negotiated in South Africa.

However, the tenant can file a complaint with the Rental Housing Tribunal if the landlord is charging too much rent for poor-quality accommodation. The tribunal can order the landlord to reduce the rent if the building is not well maintained.

Deposits

There is no restriction on the size of deposit, but it must be stated in the contract.

The landlord must invest the money in an interest-bearing account, and the interest rate must not be lower than the rate applicable to a savings account. Within 14 to 21 days of the end of the lease, the landlord must return the security deposit, with interest.

What rights do landlords and tenants have in South Africa, especially as to duration of contract, and eviction?

The landlord cannot prematurely end a fixed-term lease.

If the tenant remains in the unit after the end of the fixed term with the express or tacit consent of the landlord, the lease is deemed to be a periodic lease. Periodic leases can be terminated by giving a month’s written notice.

If the tenant refuses to vacate the property after the expiration of the lease, the landlord must obtain a summons from the court. If the tenant decides to respond to a summons, he or his lawyer must file within three days the “Notice of intention to defend” printed at the back of the summons. A hearing will take place. The court may then issue an eviction order. The landlord must supplement this with a warrant of eviction, stamped by the court. Under the law, notice must be given two weeks in advance before the tenant is evicted.

If the tenant poses an immediate threat to the landlord, then the landlord can file for a “summary judgment.” A summary judgment allows the sheriff to evict the tenant even if the case is still being heard in the court.

To fight off an eviction, the tenant can claim a right of retention, a right to stay in the house until the landlord compensates the tenant for any improvements made on the house.

The Sheriff with the help of the police carries out the eviction. If the tenant owes rent, the court can order the sheriff to attach the tenant’s properties to the house. It means the sheriff can take the tenant’s properties and sell them to compensate the landlord. A landlord can also file for an “interdict,” preventing the tenant from taking his things as long as the arrears are not paid.

EVICTION FOR NON-PAYMENT OF RENT
Duration until completion of service of process 10
Duration of trial 189
Duration of enforcement 10
Total Days to Evict Tenant 209
Courts: The Lex Mundi Project

How effective is the South African legal system?

The Rental Housing Act [No.50 of 1999] provides for the establishment of Rental Housing Tribunals in all provinces of South Africa and grants them the authority to settle disputes between tenants and landlords. So far only three of the nine provinces have created housing tribunals, Gauteng, Western Cape, and North West.

Rental Housing Tribunals use the same procedures as a Labor Court and give rulings with the same power as those of a magistrate’s court. The tribunal has 30 days to help the parties reach a solution. If any party is not satisfied with the proceedings of the tribunal, he may take the case to the High Court.

Recent changes in African landlord and tenant law

Rental Housing Act [No.50 of 1999] repealed rent control which had been in place since 1976. It governs the relationship between the landlord and the tenant and applies to all written and verbal agreements made, effective August 1, 2000.

 

South Africa - more data and information

Your Comments

posted by Mmateka Chuene | 2007-06-20

Strategist, Berea in Johannesburg

I've signed a lease form for the flat on April 2007 and it expires on September 2007, but now I want to move out of the flat and the landlord says I can't get my deposit back even though he already found someone to occupy the flat. Is this right accoding to the law?

posted by Marc Lunau | 2007-08-09

Cape Town

Hi Mmateka I am not a legal expert, but I would say it depends on what notice period is stipulated in your lease. Otherwise I would generally agree that you have to stick to the lease period you signed. If you do that and the property is handed back in the same condition in which you received it I cannot see that you can't get your deposit back.

posted by cindy bradford | 2007-10-23

Investor

I have Purchased a Building with a tenant who has an expired lease from 6 months ago. The Building is divided into part Commercial and Residential. The Tenant who is in the Commercial side and has had 10 Months to decide if he will Sign our Contract . But to no avail . He wants to submit his own Contract that he had with the previous owner which has expired. What is the correct procedure. Thank you Cindy Bradford

posted by AMANDA STEYN | 2007-10-29

secretary, krugersdorp

i need to find out what the limit in rental increase are and were to find contracts we have been living on the same property for moe than 10 years without a contract what are our right or were will i be able to get information on our rights as tennants and as land lords

posted by Pietro guerrini | 2008-01-11

quantity surveyor, cape town

I am entering into lease agreements with tenants. Is stamp duty still applicable and where is the site that shows the formula. Thank YouPietro

posted by our Editor: Matthew Pollock | 2008-01-11

I am afraid you will have to do your own research on this.

posted by Noel Koert | 2008-01-14

Cad draughtsman, Cape Town

I paid a deposit of R3400 for a flat in Belville, Cape Town. The owner said that i could move in on the the 7th, but then he kept on changing the dates until he said on the 1st of February. He advertised it as available immediataly, although someone still occupied the flat. That forced me to look for another place, which i found, but now the guy says he cannot give my money back, because i signed a year contract. Help! What must i do to get my money back?

posted by Cassidy Dodgen | 2008-01-18

Manager, plumstead cape town

HiI have been living in the same flat for two years now> i've never had any problems up until now. Another gay white couple has move in downstairs a couple of months ago. THey are racist. He even told me that he wants to keep the blacks and foreigners out of the complex. I am coloured. He always complains when the coloured folks in the complex have ppl over. Im a female and live on my own. Can somebody pls advise me.

posted by d smith | 2008-02-14

cape town

Is there a % limit to how much ones rent can be increased by?

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