Information on the rights and obligations of landlords renting out residential property to tenants.
A verbal agreement is as binding as a written lease, but if your tenant insists on having something in writing, you must comply. It is, however, better for both of you to have your agreement in writing to set out the terms and conditions agreed upon. This will go a long way to preventing later disputes, when it is your word against your tenant's.
Speak to the tenant's current landlord for a reference. It's also a good idea to speak to previous landlords, as the current landlord may give a good reference as a way to get rid of an unwanted tenant, and to get a letter from your tenant's employer to verify his permanent position and income.
You can also do an ITC credit check (call TransUnion ITC on 0861 482 482 or visit www.transunion.co.za).
Yes, it's a good idea to put it in the lease. Remember that the deposit must be put in an interest-bearing account for the duration of the lease and given back to your tenant, plus the interest it has earned, when the tenant moves out.
If, however, your tenant still owes you money on moving out, or if the property has been damaged beyond normal wear and tear, you can use the deposit to pay for repairs or to cover the money owed to you.
See WHAT CAN I DO IF THE TENANT HAS DAMAGED THE PROPERTY? for more on deposits.
It depends on what your lease says. Usually, a landlord maintains the outside of the property and a tenant the inside.
Not unless your lease agreement specifically says you can. If you want, you can add a clause to the initial agreement listing specific reasons that would allow you to increase the rent (for example, if the rates increase).
It depends on what it says in your contract. If your contract doesn't specify a reasonable escalation, you will have to negotiate an acceptable rent with the tenant.
Technically, your tenant is in breach of contract. Refer to the breach clause of your contract (or, in the case of a verbal agreement, the agreed on terms for termination) and act on it.
If you don't have a cancellation agreement, it is good practice to write a letter giving your tenant seven days to pay, failing which you will cancel the lease.
It is your tenant's responsibility to make sure that you receive the rent, so your tenant will have to show you proof of payment (for example, a bank-deposit slip). If your tenant can't do so, you can give your tenant notice in terms of your agreement and seek a court order for eviction.
If you are satisfied that payment has, indeed, been made, you are then obliged in terms of the Rental Housing Act (Act 50 of 1999) to provide you tenant with a receipt.
A receipt must contain the following information:
You will have to obtain a court order first. The Sheriff of the Court will then attach your tenant's property to the amount of the money due to you. If you take your tenant's possessions without a court order, it's theft.
Check your previous lease for a renewal clause that outlines how much notice you must give in such a situation.
If there is no such clause, then the two of you have, through your actions, effectively renewed the previous lease, on the same terms and conditions, and for the full period stated in the original agreement. This means that you will have to invoke the cancellation clause of the original lease, if there is one, in order to get out of the agreement.
Without a cancellation clause, the best way to get out of the contract would have been to give your tenant one month's notice, in writing, before the lease expired. (So if you were nearing the end of a 12-month lease, you should have let your tenant know, in writing, at the end of the eleventh month.)
You can never evict a tenant yourself. You can only seek a court order to evict a tenant if your tenant is in breach of contract.
To find out if your tenant is in breach of contract, check your agreement. There should be a clause saying what constitutes a breach of contract (for example, not paying the rent on time) and what your rights would be in such a case (in other words, cancel the lease without further notice).
If your tenant is indeed in breach of contract, take steps to strongly urge your tenant to rectify the breach. If this does not work, take legal action - lodge a complaint with the Rental Housing Tribunal or seek the help of a competent attorney.
You have a right to enter the property to perform routine inspections and so on, but only after arranging with your tenant to do so at a reasonable time, and with reasonable notice. Your tenant does not have the right to deny you reasonable access.
No. That would be an illegal eviction. If you change the locks, you have to give spare keys to the tenant.
Check if the tenant's behaviour is in violation of the House rules. If so, you may be able to invoke your lease's cancellation clause and give your tenant notice. Keep a paper trail of complaints and your actions as proof.
Report your suspicions to South African Police Services. It is also a good idea to add a clause to your lease stating that no illegal activities are to be conducted on the property, which would give you grounds to cancel the lease immediately.
If you asked for a deposit, you can use the money to repair damages attributed to the tenant beyond normal wear and tear when the tenant moves out. Be sure to follow these steps:
Contact the Rental Housing Tribunal if you have problems.
Fill in the complaint form on the site and deliver it by fax, mail or hand to the Tribunal.
Every lease agreement and rental situation is different. If you need help managing your tenant, contact the Western Cape Rental Housing Tribunal or a competent attorney for advice.
The office hours are from 08:30 am to 15:00, Monday to Friday.
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|Department of Human Settlements
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