Misunderstandings around maintenance responsibilities are one of the leading causes of conflict in rental agreements, and in some cases lead to nasty disputes or even early lease terminations.
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The golden rule of rental maintenance
In general terms, landlords are responsible for structural and essential maintenance, while tenants are responsible for day-to-day upkeep and minor wear-and-tear.
“Think of it like this,” says Jacqui Savage, National Rentals Business Development Manager for the Rawson Property Group. “If it’s something that would affect the property’s value or safety, it’s usually the landlord’s responsibility. If it’s something related to living comfortably and looking after the space, it’s on the tenant.”
That means landlords should handle big-ticket items like:
- Structural repairs (cracks in walls, roof leaks)
- Plumbing and electrical systems
- The geyser (yes, even when tenants wish they could fix it themselves!)
- Pest control (provided the problem isn’t caused by tenant negligence)
Tenants, on the other hand, are expected to:
- Keep the place clean and tidy
- Replace consumables like light bulbs and tap washers
- Maintain the garden or pool, if applicable
- Report issues early – before they become disasters
Of course, says Savage, every lease is different. "Some landlords might include pool servicing or garden maintenance in the rent, for instance but if it’s not in the agreement, don’t assume!".
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The legal bit
According to South Africa’s Rental Housing Act, a landlord is legally obligated to provide a property that is “habitable and safe.” That includes all the basic amenities – working plumbing, functioning electricals, and structural stability. Tenants, on the other hand, are required to use the property in a “reasonable manner” and return it in the same condition it was received – minus fair wear and tear, of course.
“These legal definitions can seem a bit vague. That’s why it’s so important for both parties to be crystal clear about maintenance responsibilities from day one. A good lease agreement will spell this out in detail, ideally with examples," she says.
What counts as “fair wear and tear”?
Fair wear and tear refers to the natural deterioration that happens with normal, everyday use: things like faded paint, lightly scuffed floors, or a slightly worn carpet in high-traffic areas.
It doesn’t include broken windows, holes punched in the wall, or a garden turned into a jungle. Basically, if it looks like something that would’ve happened anyway over time, it’s wear and tear,” says Savage.
“If it looks like something that could’ve been prevented, it’s damage – and that can cost a tenant their deposit. This is also where entry and exit inspections come in handy. They create a clear record of the property's condition, making it easier to assess wear and tear fairly at the end of the lease," she adds.
Communication is everything
Whether you’re a landlord or a tenant, communication is your best maintenance tool. Tenants should report issues as soon as they arise, even if they seem minor. That buzzing light fixture? It could be a sign of a bigger electrical fault. A sticking door? Maybe the frame is warping from damp. Early reporting means early intervention and that saves everyone money and stress.
And don’t forget: emergency issues – like a burst pipe, major electrical fault, or broken security gate – should be reported immediately. These typically fall under landlord responsibilities, but fast communication is key to preventing further damage. Landlords, meanwhile, should make it easy for tenants to log maintenance requests. Whether it’s a WhatsApp message, an email, or an online system, the key is to have a clear and consistent process in place.
“Some of our landlords use professional property managers to handle this side of things. It helps keep things efficient and professional. But even if you're managing the property yourself, a bit of organisation goes a long way," says Savage.
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The cost of getting it wrong
Skipping maintenance, or trying to dodge responsibility can have expensive consequences for both landlords and tenants.
For landlords, unresolved issues can escalate into major repairs, lower the property’s value, and make it harder to attract quality tenants. There’s also the risk of legal trouble if the property becomes unsafe or uninhabitable. For tenants, failing to report damage or neglecting basic upkeep can result in deposit deductions, negative references, or even legal action in more serious cases.
“Maintenance is one of the most underrated parts of property investment. A well-maintained home attracts better tenants, gets better rental returns, and gives everyone peace of mind. It’s not a chore – it’s part of building long-term value," says Savage.
When everyone does their bit
Maintenance doesn’t have to be a drama. With clear expectations, good communication, and a little common sense, both landlords and tenants can avoid unnecessary stress and keep things running smoothly. For landlords, that might mean staying proactive about inspections and repairs. For tenants, it’s about speaking up early and taking care of the place as if it were their own.
At the end of the day, rental success is a shared effort – and when everyone does their bit, the result is a better experience for all involved. Most maintenance issues can be avoided with a bit of collaboration and clarity,” says Savage. “It really just comes down to good teamwork," says Savage.
Morné Prinsloo, local agent for REMAX Town and Country Roodepoort and Krugersdorp, says the Rental Housing Act draws a reasonably clear line here, even though in practice, disputes still arise when a lease has not spelled things out properly.
"As a general principle, your landlord is legally responsible for delivering and maintaining a property that is safe and habitable. That means the structural elements, the roof, the walls, and the essential services, plumbing, electrical wiring, heating and, where installed, air conditioning systems, must be kept in proper working order throughout your tenancy. If something breaks down through normal wear and tear, a geyser that fails after years of use, a roof that starts leaking in a storm, or ageing wiring that trips repeatedly, that repair is your landlord's responsibility, not yours," he says.
As a tenant, Prinsloo says you are responsible for keeping the property clean, orderly, and in good condition, using fittings and appliances reasonably, and reporting any problems to your landlord promptly and in writing. If damage occurs because of something you did, whether that is negligence, misuse, or simply failing to report a small problem until it became a much bigger and more expensive one, you can be held liable for the cost of that repair.
"There is a useful, practical test that property professionals apply here. If there is evidence that damage was caused intentionally or negligently by the tenant, the tenant is responsible for the repair cost, including any call-out fee. If the damage results from normal use over time, with no evidence of tenant negligence, it falls to the landlord. Even in situations where a tenant is ultimately liable, the landlord is typically expected to pay the contractor first and then recover the cost from the tenant, rather than leaving the tenant to arrange and pay for repairs directly," he explains .
Prinsloo says timelines matter too. Under the Rental Housing Act's Unfair Practice Regulations, once a landlord becomes aware of a repair that is their responsibility, whether through an inspection or a tenant's written notice, they are expected to attend to it within 14 days, or within whatever reasonable timeframe has been agreed between the parties.
"My advice to tenants is to always report problems in writing, even a simple message or email, rather than only mentioning it verbally, because a paper trail protects you if a dispute ever arises about when an issue was first raised. My advice to landlords is the same in reverse: respond to maintenance requests promptly and keep records of what was reported and when it was fixed, because delayed repairs on something you are responsible for can themselves become a breach of the Rental Housing Act.
"A clear, specific maintenance clause in your lease, spelling out who handles the garden, the pool, and any shared or unusual features of the property, prevents the vast majority of the disputes I see between landlords and tenants in Roodepoort and Krugersdorp," he says.
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