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Browse our 3 legal questions about Landlord & Tenant in South Africa and the lawyer answers, or ask your own questions for free.
Landlord and tenant law in Bloemfontein, as in the rest of South Africa, governs the rental relationship between property owners (landlords) and individuals or businesses renting that property (tenants). These laws are designed to provide clear guidelines on the rights and responsibilities of both parties, ensure fair treatment, and maintain a balance in the property rental market. The primary legislation governing these relationships includes the Rental Housing Act, the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act), and various local municipal by-laws.
There are many situations in which either a landlord or a tenant in Bloemfontein may benefit from legal advice or representation. Common scenarios include:
Engaging a lawyer can help ensure your rights are protected, prevent costly mistakes, and guide you through the complexities of local legislation.
Several key pieces of legislation shape landlord and tenant relationships in Bloemfontein:
Understanding these laws is essential for both landlords and tenants to avoid disputes and ensure compliance.
While a verbal lease agreement is generally valid for leases less than 20 years, a written lease is strongly recommended to avoid disputes and is a legal requirement if the tenant requests it.
There is no fixed amount in law, but deposits typically amount to one or two months' rent. Landlords must keep deposits in interest-bearing accounts and provide statements on request.
Rent increases may only occur as stipulated in the lease agreement, usually with one or two months’ written notice. Increases should be fair and market-related.
Evictions must follow the process set out in the PIE Act, which involves giving notice, obtaining a court order, and following due process. Unlawful evictions are punishable by law.
Landlords are obligated to ensure the property is habitable and to perform necessary repairs. Tenants must maintain the property in a reasonable state and report problems promptly.
This depends on the lease agreement. Tenants generally need written permission from the landlord to sublet or allow others to reside in the property.
If the deposit is not refunded within 14 days of lease termination (or 21 days if repairs are done), tenants can approach the Rental Housing Tribunal or take legal action in the Small Claims Court.
Yes, the CPA allows tenants to cancel leases with 20 business days’ notice, but landlords may claim reasonable penalties as stipulated in the contract.
Disputes may be resolved through negotiation, mediation, or by approaching the Free State Rental Housing Tribunal, which offers free dispute resolution services.
Tenants’ rights remain protected even if the property is sold; the new owner must honour the existing lease agreement (a principle known as "huur gaat voor koop").
Bloemfontein residents can turn to the following for additional support and guidance:
If you require legal assistance regarding a landlord and tenant matter in Bloemfontein, consider these steps:
Understanding your rights and responsibilities as a landlord or tenant is essential. If in doubt, don't hesitate to seek professional legal advice to protect your interests and resolve disputes effectively.
