YOU (South Africa)

Rights of tenants & landlords

What can a lessee do if a lessor takes their rent money but doesn’t respond when something needs fixing?

- By LETITIA WATSON Send suggestion­s for topics and requests for info to yourmoney@you.co.za. We may answer your questions in this column but won’t reply personally.

YOUoften hear horror stories about unruly or difficult tenants, but landlords can also be a thorn in a tenant’s flesh. We debunk a few myths about the rights and responsibi­lities of both tenants and landlords.

MYTH

The tenant is responsibl­e for maintenanc­e of the rental property.

FACT

Most rental agreements have terms and conditions stipulatin­g who’s responsibl­e for what in terms of maintenanc­e and repairs. If not, the Rental Housing Act states that it’s the property owner’s responsibi­lity to ensure the rental property is maintained in a manner suitable to the purposes for which it’s being let.

That means the owner has to perform any maintenanc­e necessary to ensure the property can be lived in – for example, replacing broken roof tiles or repairing damp in the walls. The owner is also responsibl­e for electric wiring (such as the alarm system) and plumbing (geyser and so forth).

But the tenant is responsibl­e for taking good care of and not damaging the property. For example, if the tenant breaks a window they’re responsibl­e for paying for the repair. If there’s any uncertaint­y about who’s responsibl­e for what, or one of the parties neglects their responsibi­lity, contact the Rental Housing Tribunal (see “Get help here”).

MYTH

The owner can visit the property at any time without the tenant’s permission.

FACT

No. Although the owner has the right to visit the property, for example to check if repairs are necessary, they have to notify the tenant in advance.

The visit also has to take place at a time that suits the tenant. But the tenant isn't allowed to refuse the owner access to the property.

MYTH

The owner can refuse to return a deposit.

FACT

The tenant is entitled to get the deposit back with interest (the Rental Housing Act stipulates that the deposit should be kept in an interest-bearing account) – provided they didn’t damage the property.

Remember, tenants are required to leave the property in the same condition it was when they moved in. So if the tenant, for example, broke a bathroom mirror or burnt a carpet with cigarettes, the owner is entitled to use part – or all – of the deposit for repairs.

If the tenant damaged the paint on the walls, the deposit can pay for having it repainted. That’s why it’s important for the owner and the tenant to inspect the property together, both before moving in and before moving out. Whatever’s left of the deposit after damages have been covered is due to the tenant.

If there’s no damage to the property, the deposit usually has to be returned to the tenant within seven days after they’ve done an exit inspection together.

In other words, the owner isn’t allowed to use the tenant’s deposit to upgrade the property after the tenant leaves, but it can be used to pay any outstandin­g debt such as a utility bill the tenant neglected to take care of.

MYTH

The deposit can substitute rent once the tenant gives notice.

FACT

No. The owner isn’t allowed to use the deposit as rent money while the tenant still occupies the property and the tenant isn’t allowed to ask that it be used that way.

The deposit has to be set aside to cover any damages or debt, as explained in the previous section.

MYTH

The owner doesn’t have to provide invoices.

FACT

If the owner doesn’t provide an invoice for rent paid, the tenant has the right to ask for one. It must contain informatio­n such as the date of issue, address of the property and reason for payment.

If the owner refuses to issue an invoice, the tenant has the right to contact the Rental Housing Tribunal.

MYTH

The owner can attach the tenant’s property if rent isn’t paid.

FACT

The owner may attach the tenant’s property (such as furniture) to sell in order to make up for unpaid rent, but a court order has to be obtained. Once it’s been issued, the sheriff of the court can confiscate property to the same value as the rental money owed.

But if the owner confiscate­s the tenant’s property without a court order, it’s theft and the tenant can lay a criminal charge.

MYTH

If the property is sold, the tenant has to move out immediatel­y.

FACT

No. Even if the owner sells the property, the rental agreement takes precedence. It’s the tenant’s legal right to live in the property until the rental contract expires.

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