South Africa Rental Laws: Pro-landlord, Neutral or Pro-tenant?

South Africa's landlord and tenant laws are judged by the Global Property Guide to be Pro-Tenant between landlord and tenant. South African rental law strikes a balance between the rights of tenants and landlords, but it generally tends to be more pro-tenant in terms of protecting tenants from unfair practices.

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

Rents can be freely negotiated in South Africa. While the Rental Housing Act doesn’t enforce strict rent control, it does require that any rent increases be fair and in line with market conditions.

In practice, this means landlords aren’t allowed to impose excessive or arbitrary rent hikes—especially if similar properties in the area don’t justify such an increase. Tenants who believe a proposed rent increase is unreasonable have the right to dispute it by bringing the matter before the Rent Tribunal.

Deposits

At the start of the lease, landlords typically require a security deposit from the tenant—usually no more than the equivalent of two months’ rent. According to the Rental Housing Act, the following conditions apply:

• The deposit must be held in an interest-bearing account.

• Tenants are entitled to receive documentation of any interest earned during the lease term.

• Any deductions from the deposit—such as for damages or unpaid rent—must be clearly justified with receipts or invoices.

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

Under the Act, tenants are entitled to request a written lease agreement. While verbal agreements are legally valid, having a written document provides stronger protection for both parties, clearly outlining and agreeing to all terms.

Landlords must adhere to fair rental practices and are prohibited from engaging in the following:

• Imposing unjustified or excessive rent increases without proper notice.

• Discriminatory actions when selecting tenants.

• Neglecting to maintain the property in a habitable condition.

• Tenants have the right to peacefully enjoy their rented property. The landlord must give proper notice—typically 24 hours—before entering the premises, except in cases of emergency.

The Rental Housing Tribunal plays a key role in resolving disputes between tenants and landlords. This body offers an accessible alternative to expensive court proceedings, ensuring that cases are addressed fairly and efficiently. Common disputes handled by the Tribunal include:

• Unlawful evictions.

• Unfair rent increases.

• Failure to return security deposits.

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.