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Landlord Advice
The Rental Housing Act recognises the right of property owners to receive a reasonable return on their investment, but obliges them to look after their properties and advises landlords to treat tenants fairly.
The law imposes the following obligations on landlords:In advertising a dwelling for purpose of leasing it, or in negotiating a lease with a prospective tenant, or during the term of a lease, a landlord may not unfairly discriminate against such prospective tenant/s, or members of such tenant’s household, visitors or family members, on one or more grounds, including race, gender, sex, pregnancy, marital status, sexual orientation, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, language or birth.
A landlord is free to charge any rent he/she wishes, keeping in mind that it should be reasonable. A lease between a landlord and tenant need not be in writing, however, if a tenant insists that it is the landlord must comply with it.
The landlord must issue the tenant with a written receipt for every payment received. If the tenant pays a deposit, the landlord must invest it in an interest bearing bank account, and a written statement should be available of the interest earned whenever the tenant ask for one.
The landlord has the right to prompt the regular payment of rental. If the rent is not received on time the landlord reserves the right to sue the tenant for dept or obtain a court order to evict him/her from the property.
Our most important piece of landlord advice is to get a comprehensive lease agreement that will protect you in the event of future misunderstandings. Get more information on what is involved in a lease agreement .
When renting your property you, as the owner, have the choice between managing the property yourself or employing an estate agency to manage the property for you.
Letting (renting) a property requires compliance with many legal obligations in terms of the Rental Housing Act and the landlord advice and help from an estate agency can reduce risks and will avoid unnecessary stress and anxiety.
If you decide to let the property privately, keep in mind our landlord advice that a private rental agreement requires considerable effort and there are some hidden pitfalls you should be aware of.
When renting out your property, our landlord advice is to first decide how much rent you want to charge.
Unless your property is rent-controlled (which very few are nowadays), you are free to charge any rent you wish. However, you need to be realistic and charge a rent that a tenant is willing to pay. This is usually influenced by the rents being charged for other properties in the neighbourhood, and by the condition and features of the property.
Your second step will be to find a tenant.
The best landlord advice that we can offer is to advertise in the newspaper and/or the Internet. Alternatively you can display a “to let” sign outside your property.
If someone wants to rent your property, our advice for renting your home is that you do a credit reference and ask for proof of the applicant’s income.
However, if you decide to use the services of an estate agency, the incumbent will have the following obligations:
advise you on a market-related rental for your property;
show and advertise your property;
receive offers from prospective tenants;
check their credit records and other references;
present the applications to you for a decision;
draw up a lease agreement between yourself and the successful applicant;
inspect the property with the tenant prior to the tenant moving in;
collect the tenant’s deposit and keep it in an interest-bearing trust account;
receive the rent each month, and pay it over to you;
handle all complaints and inspect the property regularly to ensure that the property is being maintained.
If you use an estate agency, you will have to pay commission for the services rendered. There is no fixed commission rate in South Africa and commission is therefore negotiable. You are free to “shop around” for the best price, but make sure that you get the service and support you want.
If there is a dispute between a tenant and a landlord, either or both of them can refer it to the Rental Housing Tribunal for the province in which the property is situated. The tribunal has the power to take evidence, hold hearings, make decisions, and issue orders.
Contact the provincial government for details.
Please note: We have compiled this information in good faith, but we accept no liability for any errors, or for any use that is made of it, or for any problems or damage that may arise as a result of using or acting upon this information.
The law imposes the following obligations on landlords:
Our most important piece of landlord advice is to get a comprehensive lease agreement that will protect you in the event of future misunderstandings. Get more information on what is involved in a lease agreement .
Advice For Renting Your Home
When renting your property you, as the owner, have the choice between managing the property yourself or employing an estate agency to manage the property for you.
Letting (renting) a property requires compliance with many legal obligations in terms of the Rental Housing Act and the landlord advice and help from an estate agency can reduce risks and will avoid unnecessary stress and anxiety.
If you decide to let the property privately, keep in mind our landlord advice that a private rental agreement requires considerable effort and there are some hidden pitfalls you should be aware of.
Landlord Advice for Charging Rent
When renting out your property, our landlord advice is to first decide how much rent you want to charge.
Unless your property is rent-controlled (which very few are nowadays), you are free to charge any rent you wish. However, you need to be realistic and charge a rent that a tenant is willing to pay. This is usually influenced by the rents being charged for other properties in the neighbourhood, and by the condition and features of the property.
Landlord Advice for Finding Tenants
Your second step will be to find a tenant.
The best landlord advice that we can offer is to advertise in the newspaper and/or the Internet. Alternatively you can display a “to let” sign outside your property.
If someone wants to rent your property, our advice for renting your home is that you do a credit reference and ask for proof of the applicant’s income.
However, if you decide to use the services of an estate agency, the incumbent will have the following obligations:
If you use an estate agency, you will have to pay commission for the services rendered. There is no fixed commission rate in South Africa and commission is therefore negotiable. You are free to “shop around” for the best price, but make sure that you get the service and support you want.
Landlord Advice in the Event of Disputes
If there is a dispute between a tenant and a landlord, either or both of them can refer it to the Rental Housing Tribunal for the province in which the property is situated. The tribunal has the power to take evidence, hold hearings, make decisions, and issue orders.
Contact the provincial government for details.
Please note: We have compiled this information in good faith, but we accept no liability for any errors, or for any use that is made of it, or for any problems or damage that may arise as a result of using or acting upon this information.
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