Inspections when you move in and out of a rental

Inspections when you move in and out of a rental

The Rental Housing Act requires you and your landlord to inspect the home together before you move in, and again at the end of the lease. These two inspections decide most deposit disputes. Do them properly, record everything in writing, and take photographs. If the landlord skips either one, the law is on your side.

The move-in inspection

The inspection happens before you move in, with both you and the landlord (or the agent) present. The aim is to record the condition of the home on day one, so that nobody argues later about what damage was already there.

  1. Ask for the inspection list. Many landlords and agents have a standard form. If not, write your own, room by room.
  2. Go through every room. Check walls, ceilings, floors, doors, windows, built-in cupboards, lights and plugs. Note marks, stains, cracks, chips and broken items.
  3. Test the fittings. Run taps, flush toilets, test the stove, geyser, alarm, remote controls and gate motor. Check keys and count how many you receive.
  4. Look outside. Note the state of the garden, fences, paving, pool and garage. For a complex, note the parking bay and any storage unit.
  5. Record meter readings. Write down the electricity and water readings.
  6. Photograph and date everything. Take clear photographs of each defect, and wide shots of each room.
  7. Both sign the list. Each of you keeps a copy.

If you find a problem later, such as damp that only shows after rain, report it to the landlord in writing as soon as you notice it. Include photographs.

What happens if the landlord does not inspect

If the landlord does not carry out the inspection with you, at the start or at the end, the law treats the landlord as accepting that the home is in a good and proper state of repair. The landlord then has no further claim against your deposit and must refund it in full, with interest. This is a strong protection, but do not rely on it alone. Keep your own record, because a dispute is easier to win when you can show the facts.

The move-out inspection

The Act says that you and the landlord must arrange the final inspection at a time that suits you both, within the three days before the lease expires. This gives you a chance to fix problems before you hand back the keys. Ask for the date in writing, and confirm it.

Prepare for it:

  • Clean the home thoroughly, including the oven, windows, cupboards and bathrooms.
  • Repair damage you caused. Fair wear and tear, such as slightly faded paint or worn carpet after normal use, is not your cost.
  • Remove all your belongings and rubbish, and cut the grass if the garden is yours to keep.
  • Take your move-in list and photographs to the inspection.
  • Take new photographs of every room once it is empty and clean.
  • Return all the keys and remotes, and get a signed note that you did.
  • Record final meter readings and settle your utility accounts.

At the inspection, the landlord lists anything they think you must pay for. Ask them to write down each item and its estimated cost. Do not sign anything you disagree with. Write your objection on the form, or in a message straight afterwards.

After the inspection: your deposit

If there are no deductions, the landlord must refund your deposit plus interest within 7 days of the lease expiring. If amounts are deducted, the balance is due within 14 days of the home being handed back, and receipts must be available to you. If you do not respond to the landlord’s request to inspect, the landlord must inspect within 7 days of expiry, and the balance is due within 21 days of expiry. Read rental deposits: the rules for more detail.

If you disagree with the deductions, say so in writing. You can then complain to your provincial Rental Housing Tribunal, which does not charge either side for mediation or a hearing.

What to do next

This article is general information for South African readers, not legal, financial or tax advice. Rules and rates change, so check your own situation with an attorney, your bank or a tax practitioner. Our property calculators can help you work out the numbers.

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