Under South African law, a landlord’s legal obligations are a written lease on request, an interest-bearing deposit, a habitable home and eviction only by court order. This guide from The Property Bureau in Cape Town sets out each obligation. It is general information, not legal advice.
In short
- South African residential landlords have clearly defined legal obligations, and the consequences of non-compliance can be significant
- The most common areas of dispute involve deposits, maintenance, and the eviction process
- A well-drafted lease and a well-managed tenancy prevent most problems before they arise
The lease agreement must be in writing if the tenant asks
Oral leases are enforceable in South Africa, but under section 5(2) of the Rental Housing Act you must reduce the lease to writing if the tenant asks. A well-drafted written lease protects both parties by setting clear expectations upfront. It should cover the rent and escalation, deposit terms, lease duration and notice periods, maintenance responsibilities, and the inspection process.
Generic lease templates carry risk. A lease that does not accurately reflect the property, the parties, or the agreed terms is only marginally better than no lease at all.
Deposit requirements
Any deposit you collect must be invested in an interest-bearing account, and the tenant may ask you at any time for written proof of the interest earned. When the lease ends, the deposit and interest must be refunded within 7 days if nothing is owed. If you make deductions, the balance must be refunded within 14 days of the property being handed back, and the tenant is entitled to see the receipts.
Deductions may only be made for the reasonable cost of repairing damage and replacing lost keys, not for fair wear and tear. The line between the two is a common source of disputes, which is why the joint inspection report and its photographs matter so much.
Joint inspections
You must inspect the property with the tenant before they move in and again within three days before the lease ends. Record every defect in writing and photograph it. If you do not carry out these inspections with the tenant, the Act treats the property as having been returned in good repair, and you lose the right to claim for damage from the deposit.
Maintenance and habitability
As a landlord, you are responsible for keeping the property fit for living in throughout the tenancy. That means maintaining the structure, roof, plumbing, electrical installation, and any appliances let with the property. If a defect arises through no fault of the tenant, it is your responsibility to repair it within a reasonable time.
As a rule, a tenant should not simply stop paying rent over a maintenance problem. The proper route is to approach the Rental Housing Tribunal, and persistent neglect can result in a ruling against you. A Tribunal ruling carries the weight of a magistrate’s court order.
Right of entry
Under section 4(2) of the Act, the tenant has a right to privacy, and you may only inspect in a reasonable manner after reasonable notice. Outside a genuine emergency, give written notice, usually 24 hours, before any inspection, maintenance visit, or viewing.
Eviction must go through the courts
If a tenant fails to pay rent or materially breaches the lease, you cannot change the locks, remove their belongings, cut off utilities, or take any other self-help action. Eviction in South Africa must go through the courts under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (the PIE Act). The process requires a court order, and judges have significant discretion, particularly where the tenant has children or no alternative accommodation. It is slower and more costly than most landlords expect. The best protection is thorough tenant screening at the outset: we assess every applicant in person, then run a PayProp credit check, TPN verification, or both.
A landlord’s checklist
- Is the lease in writing, and does it match the property and the agreed terms?
- Is the deposit in an interest-bearing account, with the interest recorded?
- Is the ingoing inspection booked with the tenant, with a signed report and photographs?
- Do you have a plan for repairs and a way for the tenant to report them?
- Do you know the notice you must give before entering?
Frequently asked questions
Does a landlord have to give the tenant a written lease?
Yes, if the tenant asks. Section 5(2) of the Rental Housing Act requires the landlord to reduce the lease to writing on request.
What can a landlord deduct from the deposit?
The reasonable cost of repairing damage caused during the tenancy and of replacing lost keys. Fair wear and tear cannot be deducted, and the tenant may see the receipts.
What happens if the landlord skips the joint inspection?
The Act treats the property as returned in good repair, so the landlord loses the right to deduct for damage. Always inspect with the tenant at the start and the end.
Can a landlord lock out a tenant who does not pay?
No. Changing the locks, removing belongings or cutting off utilities is unlawful self-help. Eviction needs a court order under the PIE Act.
We manage the full landlord and tenant relationship on behalf of our clients across Cape Town’s Southern Suburbs, from Rondebosch and Claremont to Kenilworth and Wynberg, including lease drafting, deposit management, inspections, maintenance coordination, and, where necessary, legal process. See our property management page or get in touch to find out how we can help.
For more on managing your property effectively, see our guides on setting the right rental price, the Rental Housing Act, and whether to use a property management agency. Visit our landlord services page or request a free rental valuation.
Sources: Rental Housing Act 50 of 1999, sections 4 and 5, and the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (gov.za). Checked 25 September 2026. General information, not legal advice.
