What a Landlord Cannot Do in South Africa: Tenant Rights and Protection

Understanding your rights as a tenant is crucial in South Africa. The Rental Housing Act and other legal frameworks protect tenants from unfair treatment. Here’s a guide on what a landlord cannot do, helping you make informed rental decisions and avoid disputes.

1. Enter Your Home Without Permission

A landlord cannot enter your rental property without your consent, except in emergencies. They must give reasonable notice, typically 24 hours, before inspections, repairs, or showing the property to prospective tenants or buyers.

2. Harass or Intimidate You

Landlords cannot harass, threaten, or intimidate tenants. Actions like cutting utilities, changing locks, or creating unsafe conditions to force you out are illegal.

3. Evict Tenants Without Legal Process

A landlord cannot evict you without following proper legal procedures. Evictions must go through the Magistrate’s Court or Rental Housing Tribunal, with written notice provided and time given to remedy breaches. Self-help evictions are unlawful.

4. Arbitrarily Increase Rent

Landlords cannot raise rent at will. Rent increases must align with your lease agreement or fair market practices, often guided by the Consumer Price Index (CPI).

5. Discriminate Against Tenants

Landlords cannot discriminate based on race, gender, religion, sexual orientation, nationality, or family status, as protected by South African law.

6. Neglect Property Maintenance

A landlord cannot fail to maintain the property. They must ensure the home is safe and habitable, including functional plumbing, electricity, and structural integrity.

7. Wrongfully Withhold Security Deposits

A landlord cannot keep your deposit unfairly. Deductions are only allowed for damages beyond normal wear and tear, unpaid rent, or agreed costs. Disputes can be resolved through the Rental Housing Tribunal.

8. Interfere With Your Peaceful Enjoyment

Tenants have the right to quiet enjoyment of the property. Landlords cannot disrupt your living conditions, interfere with your daily activities, or create an uninhabitable environment.

How African Land Helps Tenants

African Land is committed to educating tenants and landlords about their rights and responsibilities. By providing clear guidance, African Land ensures tenants can:

• Understand their legal protections

• Recognise unlawful actions by landlords

• Navigate disputes through the Rental Housing Tribunal

• Make informed decisions when renting property across South Africa

African Land positions itself as a trusted partner in the South African property market, ensuring both tenants and property owners engage fairly and responsibly.