The Landlord & Tenant Relationship: Rights & Responsibilities

The Rental Housing Act, Act 50 of 1999 (herein after referred to as the "Act") sets out the various rights and responsibilities of both the Landlord and the Tenant when there is a lease agreement.

It is important to note that, in terms of Section 5 of the Act, a lease agreement need not be in writing unless the Tenant expressly requests the Landlord to reduce the agreement to writing.

It is however advisable to always reduce a lease agreement to writing to ensure that both parties are aware of their respective rights and responsibilities in terms thereof.

One of the Tenant's right is the right to privacy. This entails that the Landlord may only exercise his right of inspection of the property in a reasonable manner after reasonable notice have been given to the Tenant.

Failure by the Landlord to ensure that the property is inspected, with both the Tenant and Landlord present, at the inception and expiration of the lease agreement is deemed to be an acknowledgement by the Landlord that the dwelling is in a good and proper state of repair.

In such circumstances, the Landlord will not have any further claim against the Tenant should the Landlord come across any defects or damages caused by the Tenant.

Contact us for the drafting of Lease Agreements, reviewing of current lease agreements and advise regarding your rights and / or responsibilities.