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What a landlord can not do in South Africa

What a landlord can not do in South Africa

What a landlord can not do

 

What a landlord can not do in South Africa

 

In South Africa, the Rental Housing Act (RHA) outlines limitations on a landlord’s actions to ensure a fair and balanced environment for tenants. Here’s a breakdown of some key things a landlord cannot do:

 

 

Eviction without Due Process

 

  • ✅ Illegal Eviction: Landlords cannot evict tenants without a court order. Self-help evictions, such as changing locks or cutting off utilities, are strictly prohibited.

 

  • ✅ Valid Reasons for Eviction: Evictions can only occur based on grounds outlined in the RHA, such as non-payment of rent, a breach of the lease agreement (e.g., damage to the property), or the landlord requiring the property for their own use with proper notice.

 

 

Unfair Rental Practices

 

  • ☑️ Excessive Rent Deposits: The RHA limits the amount of security deposit a landlord can collect, typically one month’s rent.

 

  • ☑️ Unreasonable Rent Increases: The Act restricts how much and how often landlords can increase rent. Increases are usually tied to inflation or a predetermined percentage.

 

  • ☑️ Discriminatory Practices: Landlords cannot discriminate against tenants based on factors like race, religion, or nationality when selecting tenants.

 

 

Disregarding Tenant Rights

 

  • ✅ Failing to Maintain the Property: Landlords have a responsibility to ensure the property is habitable and meet basic health and safety standards. They must address necessary repairs in a timely manner when notified by the tenant.

 

  • ✅ Violating Tenant Privacy: Landlords cannot enter the rented property without the tenant’s consent except in emergency situations or with proper notice for repairs.

 

  • ✅ Withholding Deposits Unfairly: Security deposits must be refunded within a reasonable timeframe after the tenant vacates, with deductions only allowed for proven damages beyond normal wear and tear.

 

 

Here are some additional things landlords cannot do

 

  • ☑️ Shutting Off Essential Services: Landlords cannot cut off utilities like water or electricity to pressure tenants into paying rent or complying with other demands.

 

  • ☑️ Harassing Tenants: The RHA prohibits landlords from harassing tenants through threats, intimidation, or unreasonable demands.

 

 

Remember

 

The Rental Housing Act offers significant protections for tenants in South Africa. If you believe your landlord is acting unfairly or in violation of the RHA, it’s recommended to seek advice from a lawyer specializing in landlord-tenant law. Here are some resources that can be helpful: