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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 deals with issues related to rental properties and tenant rights in Sandton, South Africa. It involves a balance between a landlord's rights to earn a reasonable amount from their properties and a tenant's rights to a safe and suitable living space. The local law incorporates provisions from the Rental Housing Act 50 of 1999 and the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (the PIE Act).
While some tenant-landlord disputes can be resolved amicably, others may require legal representation. Common situations include eviction notices, deposit disputes, repair and maintenance issues and rental agreement disputes. A lawyer can provide much-needed advice, help navigate complex legal systems, and represent your interests in court if necessary.
Local laws in Sandton stress both landlord and tenant obligations. Landlords must provide a safe, habitable environment and cannot discriminate based on race, gender or religion. Tenants must pay rent on time and maintain the property. It's essential for both parties to understand their rights under the Rental Housing Act and the PIE Act, which provide specific provisions relating to issues such as evictions, unpaid rent, and property damage.
As a tenant, you have the right to a safe and habitable living space, and to be given notice before a landlord enters your property. You have the right to a transparent lease agreement, setting out terms including rental amount, due dates and details of the property.
A landlord is obliged to provide a safe, clean and habitable property. They have the right to receive rent and can evict a tenant for not paying, although this must be done in accordance with the PIE Act.
Fair eviction follows the PIE Act process. This includes giving the tenant notice, applying to a court for eviction, and only evicting a tenant with assistance from the Sheriff.
According by the Rental Housing Act, a tenant's deposit should be returned, less any deductions for damages above fair wear and tear, within seven days of the lease ending.
All changes to the lease, including rental price increases, should be in line with what's outlined in the contract. If not specified, a landlord is typically not allowed to increase the rent during the lease period.
Several resources are available to aid landlords and tenants in understanding their rights and obligations. These include the Rental Housing Tribunal, which offers free services for rental disputes, and the Department of Human Settlements, which provides valuable information on housing laws and policies.
If any legal matters arise, one should consider hiring a lawyer. Start by researching and selecting a lawyer who specializes in landlord and tenant law. It can be beneficial to prepare a clear account of your situation, including any relevant documents, to assist the lawyer in supporting your case.
