Tenant’s Rights in South Africa – Why Should the Landlord Care?
Landlords need to know tenants’ rights in South Africa and not only the landlord’s rights and obligations because:
- The landlord will know when a tenant is overstepping his/her rights. This may help speed up the eviction process.
- Understanding the tenant’s rights may stop a landlord from abusing them unknowingly – a fact that may negatively affect any successful eviction.
- The landlord can confidently make sure the tenant meets their obligations.
Hire Eviction Lawyers South Africa for in-depth knowledge and advice about the obligations and rights of tenants in South Africa.
Important questions about a tenant’s rights in South Africa answered:
What are a tenant’s rights and obligations when a lease expires? What if the landlord allows the tenant to stay on the property?
- In general, landlords and tenants both have the right to give notice to each other, cancelling any lease agreement between them. (See Rental Housing Act 1999.)
- Both the landlord and tenant must give at least one month’s notice to the other party when wanting to cancel the lease. (See Rental Housing Act 1999.)
- The Consumer Protection Act (CPA) gives additional rights to the tenant by allowing them to cancel the lease provided 20 business days’ notice is given. (Note: this does not apply to some juristic persons.)
- HOWEVER, should the above additional rights of the tenant be exercised, the tenant may be obliged to pay a “reasonable” cancellation fee – up to three months’ rental.
When can a tenant’s right to occupy a home be affected?
Can the landlord do anything to the property without the knowledge of the tenant?
Can the tenant’s right to remain in a property be cancelled if the landlord is selling the property?
No. The tenant has the right to stay in the property until the lease expires whether there is a change in ownership or not (provided the tenant’s obligations as per the lease are met).
Is a tenant obligated to use the rental property in a certain way?
Yes. The tenant can only use the leased premises for the purposes as stated in the lease agreement.
Does a tenant have the right to sublet the leased premises?
No. The tenant must have permission from the landlord to sublet the property.
Can a tenant make alterations to the property without consent from the landlord?
Ask your Tenant’s Rights Question
Ask your question via the form below and you will be e-mailed relevant information to your query.