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Tenants’ rights and responsibilities in South Africa
As a tenant, you have the right to a home in a proper state of repair, a deposit that is handled correctly, and to stay in the property until a court says otherwise. You also have duties: pay the rent on time, look after the home and follow the lease. The main law is the Rental Housing Act 50 of 1999, and the Constitution and other laws add to it.
Your rights as a tenant
A written lease if you ask. A lease does not have to be written, at the time of writing. A Rental Housing Amendment Act of 2014 would change this, but it has not been brought into force as far as we know. Under the current law, if you ask for the lease in writing, the landlord must provide it.
Inspections and a fair deposit process. You have the right to inspect the home with the landlord before you move in and again before the lease ends. The landlord must invest your deposit in an interest-bearing account, and you get the interest. See rental deposits: the rules for the refund deadlines.
Protection from unfair practices. A landlord may not lock you out, cut your services except for safety or repairs, or take your belongings. A landlord needs a court order to seize goods and to take back the property. This applies even if you are behind with rent.
Privacy. The landlord cannot enter your home whenever they like. Agree notice and access times in the lease, and expect reasonable notice except in an emergency.
A place to complain. Each province has a Rental Housing Tribunal. It handles disputes between landlords and tenants, such as deposits, unfair practices and unfair rent. It costs neither side anything through mediation or a hearing. Its ruling counts as an order of the magistrate’s court.
Rent and rent increases
The Act sets no cap on rent or on increases. A written lease must state the rent and any reasonable escalation, and increases during the lease depend on what the lease says. If the rent is exploitative, the Tribunal can rule on it and can set the rent in a way that is fair to both sides. Read the lease for increase terms before you sign.
Your responsibilities as a tenant
- Pay the rent on time and in full. Keep proof of payment.
- Look after the home and keep it clean. Pay for damage you or your visitors cause.
- Follow the lease and the rules of the complex, body corporate or homeowners’ association.
- Report problems quickly, in writing, so repairs do not become worse and more expensive.
- Respect your neighbours.
- Pay the utilities that the lease makes you responsible for.
- Give proper notice, in writing, if you want to leave, and hand back the home in the same condition apart from fair wear and tear.
You must keep paying rent during a dispute. While a complaint is before the Tribunal, which lasts until a ruling or three months, whichever comes first, the landlord may not evict you, and you must keep paying.
What the landlord can and cannot do
A landlord can expect rent, care of the property and notice when you leave. If you do not pay or you break the lease, the landlord can end the lease according to its terms. But the landlord cannot simply remove you. Under the Prevention of Illegal Eviction Act, nobody may be evicted from their home without a court order, which the court makes after considering all the circumstances. The court must give written notice to you and the municipality at least 14 days before the hearing, and it must find that eviction is just and equitable.
You are an unlawful occupier only once your right to stay has validly ended, so the landlord must first end the lease properly. The Rental Housing Tribunal cannot grant evictions. Proposals to change the eviction law have been published as a draft Bill, but a draft is not law.
A note on the Consumer Protection Act
The Consumer Protection Act has rules on fixed-term agreements, including a right to cancel on 20 business days’ written notice. But in 2025 the Supreme Court of Appeal held that the Act covers a residential lease only where the landlord is in the business of letting. Many private landlords who let a home occasionally fall outside it. So do not assume you can leave on 20 business days’ notice. Check your lease and ask for advice.
What to do next
- Keep copies of your lease, payments and every message about repairs.
- Read renting a home: what to check before you sign and inspections when you move in and out.
- If you have a dispute, contact your provincial Rental Housing Tribunal or an attorney.
- Thinking of buying instead? Try the rent vs buy calculator.
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.