Zenobi moved in to a flat she was renting, and shortly after discovered that the roof was leaking every time it rained. She called her landlord and told him about the problem, as she was worried the leaking water might damage her furniture eventually. The landlord promised to come fix it, but he never did. Zenobi tried calling him and scheduling meetings at his office, but he was avoiding her. Three months passed, and the leak got worse. AZIKHIPHI! That’s not on!
Zenobi didn’t know what to do, her landlord just wouldn’t fix the leak. Tired of waiting, Zenobi paid for a repairman to come out and fix it from her own pocket.
Scorpion Legal Protection’s advice
The obligations of tenants and landlords are covered in statutory law (i.e. under The Rental Housing Act) and non-statutory law in South Africa. A signed, written lease agreement should set out the obligations and rights of the tenant and landlord. If there are damages before the tenant moves in, it’s the landlord’s responsibility to repair them, unless the lease agreement says otherwise.
Both tenants and landlords have responsibilities though. The tenant should pay the agreed amount of rent on time, only use the property for the purpose it’s rented for, maintain the property and leave it in the same condition as it was found, and pay the agreed upon deposit. It’s also important to have an incoming and outgoing inspection with the landlord before you move in and after you move out. This can help you spot things like damage to the property before you move in, and you can either ask the landlord to fix the problem or note it in your lease agreement that the damage existed before you moved in so that the landlord cannot blame you for it later.
The landlord also has an obligation to fix damages to the property before the tenant moves in, request the deposit and save it separately, and refund the deposit when the tenant moves out.
Since Zenobi has already tried numerous times to approach her landlord and resolve the issue, and this has not worked, she can refer the matter to the Rental Housing Tribunal. These courts are free and operate after-hours.
Tips:
- Make sure you have a proper lease agreement in place – having official, legally-binding documents will help protect you far better than a verbal agreement
- An incoming and outgoing inspection with your landlord is very important. Look out for any damage on the property that you should note down. The same goes for an inspection – make sure you note any damage you might have caused. This helps protect both the landlord and the tenant.
- Always try to negotiate and resolve the issue first with your landlord.
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* Terms, conditions, limitations and exclusions apply (click here to view the Legal Membership Agreement). This is only basic advice and cannot be relied on solely. The stories, names, characters and incidents portrayed are used in a fictitious manner.