Quick Answer: What Are My Rights As A Tenant In South Africa?

What are your rights as tenants?

As a tenant, you have the right to live in a safe, secure and quiet environment that is managed in accordance with the law.

You also have a responsibility to take good care of the property, pay the rent on time, and adhere to the terms of your tenancy agreement..

Can I sue my landlord for emotional distress?

If you’re seeking damages for emotional distress caused by a landlord’s discrimination, or punitive damages for especially blatant and intentional discrimination, a lawsuit may well be your best bet. Understand what’s involved in suing your landlord. You may file a lawsuit in either federal or state court.

Where do I report landlord problems in South Africa?

Complaints have to be lodged in person or by mail at relevant RHT offices which can be determined by looking online or by phoning 0860 106 166/ 011 355 4000/ 012 483 5020.

Can I be evicted if I don’t have a tenancy agreement?

Just because a landlord in not in possession of a tenancy agreement or lease – it does not mean one doesn’t exist. … Whilst the landlord has a legal recourse without a written agreement, it is expected that there is a reasonable, legitimate grounds for eviction as per any eviction.

Can’t pay rent What are my rights South Africa?

Failure to pay rental promptly and in full will usually constitute a breach of the lease, which in turn could entitle the landowner to cancel the lease, evict the tenant and claim arrear rental and damages from the tenant.

What to do if a tenant refuses to leave?

Inform the tenant about their options. Let them know that if they are not gone by the eviction date you will be using the legal process to not only have them removed, but if they owe money to you for damages or outstanding rent that you will pursue a judgment against them that will impair their credit as well.

What happens if a tenant refuses to move out?

If a tenant does not respond to your notice or leave the property within the allotted amount of time, here’s what you need to do: File for eviction with your local courthouse. Gather evidence. Come to the court hearing to prove your case.

Can you break a lease if you feel unsafe?

In most cases, tenants can’t break a lease because they feel unsafe. But if they feel unsafe, help make the place more secure. If you don’t provide basic safety precautions, such a door and window locks, your tenant may be able to legally break the lease.

The lease becomes legally binding when all parties have signed: the landlord and all tenants living in the unit who are 18 and older. If you’re worried about situations where a lease needs to end early, learn about breaking a lease and grounds for eviction.

What can make a lease invalid?

A lease is automatically void when it is against the law, such as a lease for an illegal purpose. In other circumstances, like fraud or duress, a lease can be declared void at the request of one party but not the other.

How do I force a tenant to leave?

Here is how to put this method into action:Tell Them The Problem & Consequences. Explain the reason that you want the tenant to go. … Offer Them a Way Out. Let the tenant know that you are willing to give them a lump sum of cash in agreement for leaving the property. … The Release.

Can a tenant use a living room as a bedroom?

propertyfag. Re: Can tenants turn the living room into a bedroom? In theory they can, as long as they’re not subletting without permission!

Can a landlord enter without permission in South Africa?

Under section 72 of the Residential Tenancies Act 1995 (SA) , the landlord or the landlord’s agent has the right to enter the premises in the following circumstances only. A landlord may enter any time and without giving notice.

How do you get someone out of your house that won’t leave?

File an official tenant eviction order with your local courts. If they still won’t leave, you can take them to court. If they paid for groceries or any bills, they may legally be an “at-will tenant,” making it much harder to kick them out legally.

Can I write my own lease agreement?

A lease can be written or verbal, but a verbal lease can be very difficult to enforce. … If you decide to write your own lease make sure you include a clause that states if any condition is not legal, that the rest of the lease is still in effect.

Can a landlord offers money to move out?

Living in a rent-controlled apartment can, however, result in a cash windfall on one occasion: if a landlord pays you to move out. In these situations, landlords offer tenants with rent control cash to leave so they can either re-rent the place at a market rate or sell the apartment to buyers.

How long does it take to evict a tenant in South Africa?

Usually, an ultimatum of 30 days is given to the tenant to move out of the premises. However, if the renter fails to carry out the order within the stipulated time, then the sheriff can enforce the warrant of eviction which is an authorisation given to such to remove the possessions of the renter from the premises.

Can landlord force tenant to leave?

Yes, usually the tenant will have to move. … If the tenant doesn’t get the landlord’s consent to stay longer, and doesn’t move out, then the landlord can bring an application to force the tenant to vacate.

Can your landlord come into your house unannounced?

In all states, a landlord can enter the property in an emergency without notice or permission. … Even if your landlord gives you notice, he or she must have a good reason to enter the property. In most cases, your landlord can enter your home: In an emergency.

How much notice must a landlord give a tenant South Africa?

In general, landlords and tenants both have the right to give notice to each other, cancelling any lease agreement between them. (See Rental Housing Act 1999.) Both the landlord and tenant must give at least one month’s notice to the other party when wanting to cancel the lease.

Can you kick out a tenant to renovate?

78. Under section 49(6) of the Act, landlords are permitted to evict a tenant on two month’s written notice for the purpose of completing repairs or renovations. … The landlord is also obligated to compensate the tenant the equivalent of one month’s rent on or before the move-out date.