Tenant

Must I pay a deposit?

Yes, if the landlord asks for one and it is stipulated in the lease. If the terms of your original agreement, whether oral or written, did not include a deposit, you need not pay one if the landlord asks you to do so later. Changes to an agreement are only valid if both you and your landlord agree to it.

What happens to my deposit while I am living in the property?

The landlord or his agent must keep your deposit in an interest-bearing account (or trust account, in the case of an agent) for the time you are living on the property. The full deposit amount, plus the interest earned, must then be returned to you when you move out less the costs of damages caused by you and any monies you may still owe to the landlord in terms of the lease.

What maintenance must the landlord perform?

It depends on what your lease says. Usually, a landlord maintains the outside of the property and a tenant the inside.

What can I do if the landlord refuses to maintain the things he said he would?

Lodge a complaint with the Rental Housing Tribunal.

Can the landlord enter the property without my permission?

Your landlord has a right to enter the property to perform routine inspections and so on, but only after letting you know well in advance to arrange a time that suits you. You do not have the right to deny him reasonable access.

Can the landlord increase my rent when he wants to?

No, the lease or verbal agreement determines when, and by how much, your rent can be increased. If the agreement does not specify an amount or date for an increase, the landlord has to negotiate the increase with you. Neither you nor your landlord can make changes to your original agreement without checking with the other party first.

Can my landlord take my possessions if I fall behind on rent?

He has to obtain a court order first. Then the Sheriff of the Court will attach your property to the amount of the money you owe. If your landlord takes your possessions without a court order, it's theft and you should contact the South African Police and lodge a complaint with the Rental Housing Tribunal.