RECOM Properties

Yes, if the landlord asks for one and it is stipulated in the lease. If the terms of your original agreement, whether oral or written, did not include a deposit, you need not pay one if the landlord asks you to do so later. Changes to an agreement are only valid if both you and your landlord agree to it.

The landlord or his agent must keep your deposit in an interest-bearing account (or trust account, in the case of an agent) for the time you are living on the property. The full deposit amount, plus the interest earned, must then be returned to you when you move out less the costs of damages caused by you and any monies you may still owe to the landlord in terms of the lease.

It depends on what your lease says. Usually, a landlord maintains the outside of the property and a tenant the inside.

Lodge a complaint with the Rental Housing Tribunal.

Your landlord has a right to enter the property to perform routine inspections and so on, but only after letting you know well in advance to arrange a time that suits you. You do not have the right to deny him reasonable access.

No, the lease or verbal agreement determines when, and by how much, your rent can be increased. If the agreement does not specify an amount or date for an increase, the landlord has to negotiate the increase with you. Neither you nor your landlord can make changes to your original agreement without checking with the other party first.

This is specific to the renewal terms of your agreement. If your agreement doesn't specify a reasonable escalation, your landlord has to negotiate an acceptable rent with you.

It is your responsibility to make sure that your landlord receives the rent, so it will be up to you to provide proof of payment (for example, a bank deposit slip). If you can't, your landlord will be able to give you notice in terms of your agreement and seek a court order for eviction.

It is your right, in terms of the Rental Housing Act (Act 50 of 1999), to insist on a receipt for all payments if your landlord does not automatically supply you with one. A receipt must contain the following information:

The date of issue.

The address of the property for which the payment is made.

The reason for the payment (whether it's rental, arrears or a deposit).

The period of the payment (for example, the month for which the rent will be paid).

If your landlord refuses to give you a receipt, lodge a complaint with the Rental Housing Tribunal.

He has to obtain a court order first. Then the Sheriff of the Court will attach your property to the amount of the money you owe. If your landlord takes your possessions without a court order, it's theft and you should contact the South African Police and lodge a complaint with the Rental Housing Tribunal.

It depends on the cancellation clause in your agreement. If there is no such clause, the only way you can end your lease early without being in breach of contract is if your landlord agrees to it or if your landlord is in material breach of the lease (for example, by failing to maintain the outside of the property, as agreed in the contract, and this makes it impossible for you to remain on the property. But you will have to prove this, though).

You can still end the lease early in terms of the Consumer Protection Act [68 0f 2008]. Section 14 allows for the tenant to prematurely cancel a fixed lease [by given 20 business days notice] however it should be noted that the landlord may impose a reasonable cancellation penalty . It should be noted that this penalty amount should not be to punish the tenant but reflect reasonable costs in securing a replacement tenant.

A deposit is there to cover any money you may still owe your landlord, and/or the cost of repairs to any damage to the property, exceeding fair wear and tear, that you have caused.

If your landlord retains your deposit and is unable to furnish you with proof of the costs he has incurred, you should lodge a complaint with the Rental Housing Tribunal.

To prevent this, be sure to follow these steps:

When you move in, inspect the property together and list, in writing, any existing defects. Both of you should sign this document and it must be attached to the lease agreement.

When you move out, inspect the property together again. Compare the new list of defects with the list made earlier.

You may be given a chance to repair the damage yourself, or you can agree that the landlord will do it. If the landlord does the repairs, you have the right to see all receipts for repairs paid for out of the deposit.

If repairs cost less than the deposit plus the interest accrued, your landlord will have to reimburse you the difference.

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.transunionitc.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.

It depends on what your lease says. Usually, a landlord maintains the outside of the property and a tenant the inside.

It depends on what your lease says. Usually, a landlord maintains the outside of the property and a tenant the inside.

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.

 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.

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.

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:

When your tenant moves in, inspect the property together and list, in writing, any existing defects - both should sign this and it must be attached to the lease agreement.

When your tenant moves out, inspect the property together again, ideally no earlier than three days before the tenant moves out. Compare the new list of defects with the list you made earlier.

You may give the tenant a chance to do the repairs personally, or you can agree that you will do it. Hold on to receipts for repairs paid for out of the deposit. Your former tenant has a right to see them.

If repairs cost less than the deposit plus the interest accrued, you will have to reimburse your former tenant with the difference.