Question 1

Do I need a written lease agreement?

Accepted Answer

A written lease is strongly recommended and legally required for leases over R500 000 (though most residential leases are below this). It should cover rent, deposit, duration, maintenance, cancellation and dispute resolution.

Question 2

How much rental deposit can a landlord charge?

Accepted Answer

There is no fixed legal cap for residential deposits in most cases, but it must be held in an interest-bearing account and refunded with interest minus legitimate deductions. Typically one to two months' rent.

Question 3

How do I evict a tenant in South Africa?

Accepted Answer

Eviction must follow the Prevention of Illegal Eviction Act (PIE Act). You cannot lock out a tenant or cut utilities. Obtain a court order through proper legal process. Self-help eviction is illegal.

Question 4

What can I do if my tenant stops paying rent?

Accepted Answer

Send formal breach notice as per the lease, attempt resolution, and if unpaid, pursue legal action including cancellation and eviction through the courts. Keep all communication documented.

Question 5

Can I sell a property with a sitting tenant?

Accepted Answer

Yes, but the lease may survive transfer — the new owner steps into the landlord's shoes. Disclose the lease to buyers. The OTP should address tenant occupation, notice periods and rental deposits.

Question 6

Who is responsible for maintenance in a rental property?

Accepted Answer

Landlords typically handle structural repairs, major systems and compliance. Tenants handle day-to-day upkeep unless the lease states otherwise. Define responsibilities clearly in the lease.

Question 7

When can a landlord deduct from the rental deposit?

Accepted Answer

Only for legitimate damages beyond fair wear and tear, unpaid rent or utilities, and cleaning if the property was left unreasonably dirty. Provide itemised deductions with quotes or invoices. Normal wear and tear cannot be deducted.

Question 8

Can I increase rent every year?

Accepted Answer

Increases must follow the lease agreement. Month-to-month leases require proper notice. There is no fixed national cap for private residential leases, but increases must be reasonable. Communicate increases in writing per lease terms.

Question 9

Can my tenant buy the property they are renting?

Accepted Answer

Yes — tenant buyers can simplify occupation and viewings. The lease must be addressed in the OTP (cancellation or transfer to new owner). Deposit handling and notice periods should be agreed upfront.

Rentals & Landlords Questions