Landlord & Tenant Disputes: How to Prevent Common Rental Problems
The Property Perspective is a weekly radio show on 919 FM, airing every Tuesday at 4:15 PM with Al and Lesedi on The Drive Train.
Episode 16 | The Property Perspective with Etchells & Young
Rental disputes are rarely pleasant, but many of them start with the same recurring problems: unpaid rent, unresolved maintenance, disagreements over deposits or confusion about what each party is responsible for.
In Episode 16 of The Property Perspective on 919 FM, Harry looks at some of the most common landlord and tenant disputes and explains why understanding the lease, communicating early and dealing with issues reasonably can prevent many problems from escalating.
In This Episode
Harry discusses some of the recurring issues Etchells & Young sees in rental management and how both landlords and tenants can reduce the likelihood of serious disputes.
Harry discusses:
The most common causes of landlord and tenant disputes
Non-payment of rent and what tenants should do if circumstances change
Landlord and tenant maintenance responsibilities
Emergency repairs and agreeing on who arranges them
A tenant's right to privacy
Landlord inspections and reasonable notice
Entry and exit inspections
Deposits, damages and repairs at the end of a lease
Watch Episode 16
The Property Perspective airs weekly on 919 FM.
What Causes Most Landlord and Tenant Disputes?
Harry identifies three recurring sources of conflict.
From a landlord's perspective, non-payment of rent is one of the biggest concerns.
From a tenant's perspective, frustration often arises when maintenance that falls to the landlord is not attended to.
And at the end of a tenancy, disputes over the refund or deduction of the deposit remain one of the most common areas of disagreement.
If You Cannot Pay the Rent, Communicate Early
Harry's first piece of advice to tenants is straightforward: pay the rent on time and in full where possible.
But circumstances do change.
If a tenant loses their job or runs into genuine financial difficulty, Harry recommends speaking to the landlord or managing agent immediately rather than simply allowing the payment to fall into arrears without explanation.
Early communication may create an opportunity to discuss a workable arrangement before the relationship breaks down completely.
Know Who Is Responsible for Maintenance
Many disputes begin because the landlord and tenant have different ideas about who should repair something.
Harry explains that landlords generally carry responsibility for the structure of the property and major installations, while tenants also have obligations to look after the home and attend to certain day-to-day items.
The lease should clearly set out these responsibilities.
Understanding them before something goes wrong is far easier than trying to resolve the argument once a repair is already urgent.
Report Problems Before They Get Worse
A landlord cannot fix a problem they do not know about.
Harry uses a leaking roof as a simple example. If the tenant does not report the leak promptly, a relatively minor repair can eventually become damage to ceilings, walls or other parts of the property.
Tenants should therefore report landlord-responsible maintenance as soon as it becomes apparent.
This protects the property and gives the landlord an opportunity to act before the problem becomes more expensive.
What About an Urgent Repair?
The episode discusses situations where something needs to be dealt with quickly and the tenant is in a better position to arrange the repair.
Harry explains that even where the lease does not simply allow a tenant to deduct repair costs from the monthly rent, the landlord and tenant can communicate and agree on a practical solution.
The important point is to reach the agreement first rather than one party making a unilateral decision and creating a second dispute on top of the maintenance problem.
Can the Landlord Arrive Whenever They Want?
No.
Harry explains that tenants have a right to privacy while occupying the property.
A landlord may have a legitimate reason to inspect or visit the property, but this should be arranged with reasonable notice.
Turning up unannounced for an inspection - or simply because the landlord feels like visiting the property - is not how a professional rental relationship should be managed.
How Often Can a Landlord Inspect the Property?
Harry explains that the issue comes down largely to reasonableness and the reason for the inspection.
A follow-up inspection may be justified where there is a known maintenance issue or another genuine concern.
But repeatedly inspecting the property without a clear reason can interfere with the tenant's privacy.
As with most parts of a successful tenancy, communication and reasonable arrangements should guide the process.
What If the Property Needs to Be Shown to New Tenants?
Towards the end of a lease, the landlord or agent may need to arrange viewings for prospective new tenants.
Harry explains that these visits should still be arranged with the existing tenant.
The fact that the property is being marketed does not mean people should simply arrive at the door without notice.
Reasonable access and reasonable privacy can coexist if the process is managed properly.
Why Is the Entry Inspection So Important?
A proper entry inspection creates a record of the condition of the property when the tenant moves in.
Harry recommends going beyond written notes and supporting the inspection with photographs wherever possible.
That makes it far easier to establish later whether a carpet stain, damaged cupboard or other defect existed before the tenancy or occurred while the tenant was living there.
Good records remove much of the guesswork when the lease eventually ends.
Deal With Tenant Damage Before Moving Out
Harry encourages tenants to attend to any damage for which they are responsible before the final inspection.
Once the tenant has moved out and the final inspection records damage that was not present at the beginning of the lease, the landlord may need to arrange the repair.
At that stage the tenant has less control over who performs the work or what it costs, provided the landlord's expenditure is reasonable and properly supported.
Fixing known damage before handing back the property can therefore avoid unnecessary deposit disputes.
Who Does the Deposit Belong To?
Harry explains that the rental deposit remains the tenant's money, subject to any legitimate amounts the tenant may owe at the end of the lease.
This may include unpaid rental, agreed charges or repairs for damage for which the tenant is responsible.
The deposit should not simply be treated as additional income for the landlord.
Clear entry and exit inspections become especially important when deciding whether any deductions are justified.
Being Right Does Not Always Solve the Problem
One of Harry's recurring themes is that a tenancy is a long-term relationship.
The lease and legislation matter, but not every issue needs to become an argument about who is technically right.
A reasonable conversation may solve a maintenance problem faster, preserve the relationship and avoid unnecessary escalation.
Both landlords and tenants benefit when they approach problems with the aim of finding a practical solution.
Prevention Is Better Than a Rental Dispute
For landlords, Harry recommends proper tenant screening, a professionally drafted lease and thorough inspections.
For tenants, he recommends reading the lease, understanding your responsibilities, reporting maintenance quickly and keeping good records.
These simple steps create clarity from the start and dramatically reduce the number of issues that need to be fought over later.
A Key Takeaway
Most rental disputes are easier to prevent than they are to resolve.
Understand the lease, know your responsibilities, document the condition of the property and communicate when something goes wrong.
For both landlord and tenant, the goal should be a fair, workable and professional long-term relationship - not a trip to court or the Rental Housing Tribunal.
What Is The Property Perspective?
The Property Perspective is Etchells & Young's weekly property segment on 919 FM.
Each episode explores a different aspect of property - from rentals and property management to buying, selling, legislation, sectional title living and the everyday questions property owners and tenants face.
Follow the series as we unpack more of the issues that matter to Johannesburg property owners, buyers, sellers, landlords and tenants.
Want to Avoid the Stress of Rental Disputes?
Strong tenant screening, a clear lease, proper inspections and consistent rental management can prevent many common landlord and tenant problems.
Speak to the Etchells & Young rental management team about professionally managing your investment property from placement through to lease expiry.
