ULTIMATE LANDLORD GUIDE

Landlord and tenant obligations

As a landlord you are obliged to ensure that the tenant receives undisturbed beneficial use of the property that is reasonably fit for human habitation.  In terms of the Rental Housing Act, the tenant has the right to privacy and as such the landlord may only exercise his right to inspection in a reasonable manner and after reasonable notice to the tenant. You may then only enter the property for the following reasons:

The Tenant has the right not to have:

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Their person or home searched.
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Their property searched.
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Their possessions seized (except in terms of the law with a court order).
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The privacy of their communications infringed upon.

The tenant's obligations in terms of maintenance and repairs

The tenant has the responsibility to dispose of garbage and waste in a safe and clean manner (per municipal services and containers/bins provided). To maintain the property in a clean, tidy and safe state, and to use all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances in a reasonable manner.

The tenant must refrain from intentionally or negligently damaging the property or common property (intentional and negligent damage is for the tenant’s account).

Maintain, replace or repair electrical globes, fittings and switches as well as being liable for all water-borne taps, stoves, locks, handles and windows. Maintain and keep the garden neat and tidy (if applicable). Maintain the swimming pool, including pumps, hoses and accessories, subject to fair wear and tear (if applicable).

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The Landlord’s rights

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Prompt and regular payment of rent (NOTE: The rent is payable without demand or notice at the time and place agreed upon in the lease.  You, therefore, do not have to first issue an invoice before the tenant pays the rent due). Recover unpaid rent or other amounts due after a ruling of the Tribunal or court order.

Terminate the lease on grounds that do not constitute an unfair practice and are in accordance with the lease agreement. If the property appears to be abandoned by the tenant. Pursuant to an order of court.

Inspect the property and premises, receive the property in a good state of order and repair on termination of the lease, claim compensation for damage to the property caused by the tenant, and to make any necessary repairs to the property.

Show the property to any prospective tenant, purchaser, bank or its agents.

Landlord's obligations
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To maintain the outside of the building, including the walls and roof, and to maintain electrical, plumbing, sanitary, heating, ventilation, air-conditioning and elevator systems (as and if applicable). Provide the tenant with the appropriate containers/bins for the removal of rubbish.

To repair damage caused by fair wear and tear, and to do the repairs that are identified during inspections for which the landlord is responsible. On receipt of a notice from the tenant, to do such repairs, within 14 days of the notice unless otherwise agreed by both parties.

Provide water, electricity or gas as stipulated in the lease and to not cause the non-supply or interruption of any of these services. Ensure the tenant is not exposed to risk of interruption or loss of service provider when such a payment becomes due.

If the tenant has made payment to the landlord for the service, only charge them the exact amount of the services consumed (if metered), without requesting payment of any fee and provide the tenant with a copy of the accounts for the services rendered.

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