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Browse our 5 legal questions about Landlord & Tenant in South Africa and the lawyer answers, or ask your own questions for free.
Landlord and Tenant Law in Durban, South Africa, is primarily governed by the Rental Housing Act of 1999, as amended. The legislation was specifically designed to regulate the relationship between tenants and landlords, and to provide mechanisms for conflict resolution. The law strives to balance the rights and responsibilities of landlords and tenants, protect both parties from unfair practices, and promote a stable and thriving rental housing market.
In situations where there is a dispute between the tenant and landlord on matters such as eviction, rent increases, damage to rental property, failure to refund a deposit, it often becomes necessary to seek legal advice. A lawyer can provide guidance and advice, represent you in the Rental Housing Tribunal or in court, and ensure that your rights are protected under the law.
Among the key aspects of the local laws, the Rental Housing Act stipulates that a lease agreement needs not to be in writing, but it is in the interests of both tenants and landlords to have a written agreement. The Act also states that a landlord cannot unlawfully evict a tenant - a court order is necessary. Landlords cannot arbitrarily increase rent; any increases must be stipulated in the lease agreement. Landlords are required to refund the deposit with accrued interest at the end of the lease.
If the landlord fails to maintain the property, the tenant can approach the Rental Housing Tribunal, which can make a ruling on the matter.
A tenant can terminate a lease early in terms of the lease agreement or with the written agreement of the landlord. If a tenant does this without the landlord’s consent, they could be held liable for the remaining rent.
No, it is illegal for a landlord to evict a tenant without a court order.
No, any rent increases must be stipulated in the lease agreement, and they cannot be arbitrary or unfair.
No, it is not legally advisable to withhold rent. It's better to report the issue to the Rental Housing Tribunal.
The Rental Housing Tribunal is a useful resource, providing free services to tenants and landlords, including mediating disputes. Other organisations, such as the Legal Resources Centre and ProBono.Org, can also provide free legal advice and services in certain circumstances.
If you need legal assistance in a landlord and tenant issue, it is advisable to first seek advice from the organisations mentioned above or a legal practitioner. Remember, always ensure that you have a well-drafted lease agreement, understand your rights and responsibilities, and keep all communication with your landlord in writing to avoid disputes.
