Legal Articles

Renting a property in South Africa comes with specific rights and responsibilities for both tenants and landlords. While landlords hold legal ownership of the property, there are limits to their authority. Understanding what a landlord cannot do helps tenants ensure that they are treated fairly, while landlords can avoid overstepping their legal boundaries. This guide covers the legal protections in place for tenants, including landlord access, tenant rights without a lease, and how to handle disputes.

Can a Landlord Enter Without Permission in South Africa?

A fundamental tenant right in South Africa is the right to peaceful occupation. This means that a landlord cannot enter your home without permission or appropriate notice. The Rental Housing Act ensures that tenants have the right to live in their rented space without unwarranted interference.

When Can a Landlord Enter the Property?

There are circumstances in which a landlord can enter the property, but they are strictly regulated:

• Emergency Situations: If there is an emergency, such as a fire or gas leak, a landlord can enter the premises without prior notice.
• Routine Maintenance and Inspections: For non-emergency situations like property inspections or repairs, the landlord must give reasonable notice. Typically, this notice period is 24 to 48 hours. The tenant must grant access unless there are valid reasons to refuse. However, failure to provide reasonable notice can be considered landlord harassment.

Entering the property without permission or sufficient notice constitutes a breach of tenant rights and is grounds for filing a complaint with the appropriate authorities.

What is Considered Landlord Harassment in South Africa?

Landlord harassment occurs when a landlord behaves in a way that interferes with the tenant’s ability to peacefully enjoy the rental property. This can include aggressive behavior, threats, or unnecessary disruption. In South Africa, harassment is illegal and can take various forms:

• Illegal Entry: Entering the property without permission or proper notice.
• Intimidation: Using threats or aggressive language to force a tenant into compliance with demands, such as forcing them to vacate the property early.
• Cutting Off Essential Services: Disrupting services like electricity, water, or gas as a form of coercion is strictly prohibited.
• Unfair Treatment or Discrimination: A landlord cannot treat a tenant unfairly based on race, gender, religion, or any other discriminatory factor.

Tenants subjected to such harassment can seek recourse through the Rental Housing Tribunal or consult our attorneys in Johannesburg and Cape Town who specialize in rental disputes.

How Much Notice Must a Landlord Give a Tenant?

The notice period a landlord must give a tenant before requesting them to vacate depends on the type of lease agreement in place.

Month-to-Month Lease

For tenants on a month-to-month lease, the landlord must provide at least one calendar month's notice to terminate the rental agreement. This is the minimum period required under the Rental Housing Act unless the lease agreement specifies otherwise.

Fixed-Term Lease

If a tenant is on a fixed-term lease, the notice period is usually defined in the lease agreement. However, under the Consumer Protection Act (CPA), tenants have the right to terminate a fixed-term lease early by giving 20 business days' notice, though the landlord may charge a reasonable penalty.

Notice for Eviction

In cases where a tenant has breached the lease agreement, such as failing to pay rent, the landlord must still follow legal eviction procedures. The Prevention of Illegal Eviction from Unlawful Occupation of Land Act (PIE) governs eviction processes in South Africa. Before eviction, landlords must provide formal notice and obtain a court order.

Tenants' Rights Without a Lease

Even if a tenant does not have a written lease, they still have legal protections under South African law. Tenants without a lease are still covered by the Rental Housing Act, which defines the rights and responsibilities of tenants and landlords. Some of these rights include:

• Reasonable Notice: As with tenants on a formal lease, landlords must provide one month's notice before terminating the tenancy if no lease agreement is in place.
• Right to Peaceful Occupation: Just like tenants with a lease, those without a lease have the right to live in the property without unlawful entry or harassment from the landlord.
• Rent Increases: Without a written lease agreement, landlords must provide written notice of any rent increase and ensure the increase is fair and in line with market rates.

Where Can I Report My Landlord in South Africa?

If a tenant believes that their landlord is acting illegally—whether through harassment, unfair eviction, or unlawful entry—they have several options to report the behavior and seek redress.

1. Rental Housing Tribunal

The Rental Housing Tribunal is a free service provided by the South African government to help resolve disputes between landlords and tenants. The Tribunal has the authority to:

• Investigate complaints.
• Mediate disputes.
• Issue binding rulings, including orders for landlords to cease harassment or return unlawfully withheld deposits.

Tenants can lodge complaints with the Tribunal in their province.

2. Consulting Legal Assistance

In cases where disputes cannot be easily resolved, or the tenant feels that legal representation is necessary, it is advised to consult with Van Deventer and Van Deventer Inc. Our attorneys in Johannesburg and Cape Town have vast experience in landlord-tenant law and can offer guidance on dealing with unlawful eviction, landlord harassment, and other legal issues.

Unlawful Deductions from Deposit

Landlords often collect a deposit at the beginning of a tenancy to cover potential damages. However, there are limits to what a landlord can deduct from this deposit when the lease ends. Unlawful deductions include:

• Normal Wear and Tear: A landlord cannot deduct from a deposit for normal wear and tear, such as minor scuff marks on walls or wear on carpets.
• Unexplained Costs: If a landlord deducts for damages or other costs, they must provide the tenant with a detailed breakdown of the deductions, supported by invoices or receipts.

If the landlord makes unlawful deductions, tenants can approach the Rental Housing Tribunal to recover the unlawfully withheld portion of their deposit.

Illegal Eviction

Evicting a tenant without following the correct legal process is illegal in South Africa. Landlords cannot:

• Evict without a Court Order: An eviction can only take place with a valid court order. The PIE Act protects tenants from being unlawfully evicted, and any eviction without a court order is considered illegal.
• Remove Belongings: A landlord cannot forcefully remove a tenant's belongings from the property without legal permission.

If faced with an illegal eviction, tenants should immediately seek legal assistance or contact the Rental Housing Tribunal.

Van Deventer and Van Deventer Inc. - Attorneys in Johanneburg and Cape Town

Navigating the rental landscape can be challenging, but knowing what a landlord cannot do in South Africa is vital for protecting your rights as a tenant. From unlawful entry to harassment and unfair evictions, tenants are protected under South African law. If you are facing issues with your landlord, it is important to seek legal guidance to resolve disputes effectively.

At Van Deventer and Van Deventer Inc., our team of experienced attorneys in Johannesburg and Cape Town is here to assist you with rental disputes, landlord-tenant issues, and more. Contact us and ensure that your rights are upheld and any legal challenges are addressed. We are committed to protecting your interests and ensuring a fair resolution for all parties involved.