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With renting an important part of South Africa’s residential property landscape, many property owners may consider buy-to-let opportunities. For first-time landlords in particular, renting out a property comes with a number of legal responsibilities and regulations that may not always be immediately apparent.
According to the Seeff Property Group, it is important to know that all residential rentals, from houses, apartments, garden cottages, backyard dwellings to hostel rooms are strictly regulated by the Rental Housing Act (RHA). This includes first-time landlords.
The RHA governs the relationship between landlords and tenants, and renting out residential property comes with strict legal obligations and responsibilities.
Neglecting these responsibilities can pose risks for landlords. Even routine tasks such as billing require strict adherence, according to rental agents from Seeff. Some landlords may be under the impression that if a tenant pays directly into their bank or bond account, there is no need to provide a monthly invoice.
(Landlords are required to provide tenants with a monthly invoice) All landlords must produce a monthly invoice for tenants showing the rent due, along with invoices and receipts for other monthly or incidental expenses, even if they are private individuals renting out a single property. While the law applies to both written and verbal lease agreement, it also important in protecting the landlord's interest according to Seeff.
Landlords must ensure the property is completely fit for purpose at the start of the lease and maintain its structure, plumbing, electrical systems, and fixtures throughout the tenancy. They must also conduct joint incoming and outgoing inspections, accompanied by a detailed condition report. These are vital to help ensure there are no misunderstandings about the condition of the property when the tenant moves in or vacates.
The tenant’s deposit must be placed in an interest-bearing account. This money may not be used for any maintenance (during the tenancy). Any deductions may only be made at the end of the lease, and must be lawful and (should be supported by receipts) backed by receipts.
READ: Rental inspections: protecting landlords and avoiding disputes
Any maintenance or repairs (that are the landlords responsibility must be addressed within a reasonable timeframe) required from the landlord must be resolved within a reasonable timeframe. Failing to do so (may constitute) constitutes an unfair practice, under the Rental Housing Act.
According to the Department of Human Settlements, a Rental Housing Tribunal has the authority to deal with disputes, complaints or problems between tenants and landlords in the rental housing, including:
- Non-payment of rent
- Failure to refund a deposit
- Invasion of a tenant’s privacy, including that of family members and visitors
- Unlawful seizure of a tenant’s goods
- Discrimination by a landlord against prospective tenants
- Changing of locks
- Lack of maintenance and repairs
- Illegal evictions
- Illegal lockout or illegal disconnection of services
- Damage to property
- Demolition and conversion
- Forced entry
- House rules
- Intimidation
- Issuing of receipts
- Municipal services
- Nuisance
- Overcrowding and health matters
In terms of section 13(13) of the Rental Housing Act 50 of 1999, a ruling of the Tribunal is deemed to be an order of a Magistrate's Court in terms of the Magistrate's Court Act, 1994.
Landlords must respect the tenant’s rights to privacy and undisturbed enjoyment of the property. Unlawful actions such as cutting off utilities, locking a tenant out, or carrying out an illegal eviction can have serious legal consequences.
If disputes arise over breaches (of the lease) or deductions from a tenant’s deposit both parties have free access to the Rental Housing Tribunal to help resolve the matter without havin g to pursue costly court proceedings.
Misunderstandings (around these responsibilities can) often lead to disputes, says Jacqui Savage, National Rentals Manager for the Rawson Property Group.
“It’s not about landlords versus tenants,” Savage explains. “It’s about making sure everyone understands their rights and responsibilities. When you get that right, the rental process runs far more smoothly for both sides.”
Here’s a practical guide to some of the key rental considerations landlords and tenants should know:
Lease agreements
The Rental Housing Act allows leases to be verbal or written, but having a written agreement is far safer. A written lease clearly outlines rent, payment terms, maintenance responsibilities, duration, and renewal or termination processes.
READ: Evictions in South Africa: How landlords can protect themselves
“Skipping this step is one of the quickest ways to end up in a dispute,” says Savage. “A written lease doesn’t just protect you legally; it provides a shared reference point if questions arise.”
Deposits
Security deposits are common in South African rentals, and are often equal to one or two months’ rent. By law, landlords must place deposits in an interest-bearing account and return them, with interest, at the end of the lease, minus any legitimate costs for damages beyond normal wear and tear. “ Tenants are entitled to see proof of where their deposit is held and how much interest it has earned,” Savage notes. Documenting the property with photos helps ensure a full refund.
Entry and exit inspections
Landlords and tenants must conduct joint inspections when moving in and out. These inspections document the property’s condition and protect both parties. “If you skip the inspection, you’re essentially giving up your legal safety net,” warns Savage. Photos or videos provide extra protection and clarity if disputes arise.
Maintenance and repairs
The law distinguishes between a landlord’s responsibility to maintain habitable conditions and a tenant’s duty to handle daily upkeep. “If the roof leaks or the geyser bursts, that’s the landlord’s responsibility. If a lightbulb blows or the garden needs weeding, that’s on the tenant,” Savage explains. A detailed lease clarifies these responsibilities and helps avoid conflict.
Rent increases
While there is no national limit on rent increases, increases should be reasonable and take market conditions into account. Increases should be agreed upon at the lease signing and communicated in writing 40 to 80 days before taking effect. “A sudden, unreasonable hike is a quick way to lose a good tenant,” says Savage. “Base increases on realistic market data and inflation, not just what you’d like to earn.”
Evictions
Even if a tenant stops paying rent or breaches the lease, landlords cannot take matters into their own hands. The Prevention of Illegal Eviction (PIE) Act requires all evictions to go through the courts, with proper notice and a judge’s order. Failing to follow these steps can lead to fines, compensation claims, or criminal charges.
Early termination
Under the Consumer Protection Act, tenants can cancel a fixed-term lease early with 20 business days’ written notice. Landlords may charge a reasonable penalty covering actual losses but cannot demand punitive fees. “This is often misunderstood,” Savage says. “Tenants think they can leave for free, and landlords sometimes try to claim the full remaining rent. Both are wrong.”
READ: 4 tips for first-time landlords and property investors
Communication is key
While the law provides the framework, good communication keeps rental relationships running smoothly. Problems often escalate when one party remains silent or makes assumptions. “Legal knowledge is essential, but so is mutual respect,” Savage notes. “Raise issues early. A willing conversation can solve what a courtroom cannot.” Documenting communications in writing, and following up with calls or meetings, ensures clarity and faster resolutions.
A fair and stress-free rental experience
Understanding rental laws isn’t about memorising legal jargon - it’s about knowing the basics that can help make rental relationships fair, professional, and hassle-free. As Savage puts it:
“The law isn’t there to favour landlords or tenants. It ensures both sides are treated fairly. When everyone plays by the same rules, renting becomes simpler and more pleasant.”
Whether you’re handing over keys or unpacking boxes, knowing your rights and responsibilities reduces disputes, speeds up problem-solving, and makes renting a positive experience for all.
Samuel Seeff, chairman of the Seeff Property Group says utilising a specialist rental agency can minimise the financial and legal risks by ensuring compliance with the RHA, and correctly managing the day-to-day operations of the tenancy.
By handling tenant screening, legal documentation, and maintenance, rental specialists protect your investment, enabling landlords to leverage maximum financial benefits from their property investments.
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