What rights do tenants have in South Africa?
The tenant is obliged to: Pay the proper amount of rent in the proper commodity at the proper place and time. Take good care of the property and not use it for other purposes than for which it was let. Restore it to the same condition that he received it at the termination of the lease.
What is the rental act?
This Act regulates the relationship between landlords and tenants and it provides for dispute resolution by the Rental Housing Tribunal. It was brought about to protect the rights of the landlord and the tenants alike.
Can a landlord evict you during lockdown in South Africa?
Can a landlord terminate services during the period of lockdown? No. Irrespective of the lockdown, a landlord is not entitled to terminate services without a Court Order. As a landlord will not be able to obtain such an Order during the period of lockdown, any termination of services will be unlawful.
How much notice must a landlord give a tenant South Africa?
Both the landlord and tenant must give at least one month’s notice to the other party when wanting to cancel the lease. (See Rental Housing Act 1999.) The Consumer Protection Act (CPA) gives additional rights to the tenant by allowing them to cancel the lease provided 20 business days’ notice is given.
How long notice must a landlord give?
Lease agreements usually provide for notice periods, prior to cancelling of the lease. The notice period given by your landlord can not be shorter than the one provided in the lease agreement. It normally ranges from 20 to 30 days. At times the lease agreement may provide for longer periods of more than 30 days.
Can’t pay rent What are my rights South Africa?
Failure to pay rental promptly and in full will usually constitute a breach of the lease, which in turn could entitle the landowner to cancel the lease, evict the tenant and claim arrear rental and damages from the tenant.
What are my rights as a landlord in South Africa?
In terms of the Rental Housing Act, a landlord has the right to use a tenant’s damage deposit to repair any damage caused by the tenant and this can delay the refund of the balance of the deposit. “If there is no damage to repair, the landlord has seven days or a calendar week in which to refund the deposit.
How long does it take to evict a tenant in South Africa?
The Tenant Eviction Process in South Africa: The court issues the “Tenant eviction order” 14 days before the court hearing to the Tenant and the municipality that has jurisdiction in the area. Court hearing occurs where Tenants just need to prove that they have a valid defense.