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Landlord and tenant law in Johannesburg, South Africa is a subdivision of property law. Such laws protect both landlords and tenants to ensure fairness and justice in the rental process. They govern concerns like rental agreements, evictions, deposit refunds, and rental increases. It sets the obligations, rights and remedies of parties involved in the tenancy agreement.
You may need a lawyer if you face eviction, repairs and maintenance issues, increase in rent, or refund disputes regarding deposits. A landlord might also need assistance in drafting and reviewing lease agreements, eviction procedures, collection of unpaid rents, and dealing with problematic tenants. A legal professional can also offer valuable advice when laws governing landlord-tenant relations become complex.
The Rental Housing Act has the basis of landlord and tenant laws in South Africa. Among its focus on fairness, tenants have a right to habitable living conditions and landlords bear a right to reasonable earnings. A landlord must provide written rental agreements, cannot discriminate against a tenant and evict them without a court order. Tenants are required to pay their rent on time and maintain the property properly. In Johannesburg, the Gauteng Rental Housing Tribunal can adjudicate unresolved rental disputes.
Can a landlord increase rent without notice? No, the landlord must provide a written notice before increasing the rent, usually 2 months in advance.
How can I terminate my lease agreement early? Early termination of lease agreements can result in a penalty. Specific details should be in your lease agreement.
Can a landlord evict a tenant without a court order? No, a court order is necessary for eviction. Evicting a tenant without court order is considered illegal.
What can I do if the landlord does not return my deposit? You can approach the Gauteng Rental Housing Tribunal disorder, as they mediate and adjudicate such matters.
What are the tenant's responsibilities regarding property maintenance? Tenants are required to keep the condition of the property clean and sanitary, and not to cause any intentional damage.
The Gauteng Rental Housing Tribunal, Legal Aid South Africa and Community Law and Rural Development Centre are helpful resources. They can provide information, support and mediate or adjudicate disputes regarding rental housing in Johannesburg.
If you need legal assistance, find a lawyer who specializes in landlord and tenant laws. Schedule a consultation to discuss your case, learn about possible legal remedies and arrange representation, if needed.
