KNOW YOUR RIGHTS and RESPONSIBILITIES BEFORE leasing or renting - TopicsExpress

KNOW YOUR RIGHTS and RESPONSIBILITIES BEFORE leasing or renting property. Landlord and Tenant Obligations Understand rights and responsibilities when leasing or renting property in South Africa… There are a number of rights and obligations that both landlords and tenants should be aware of when renting accommodation in South Africa. Landlords- The law states that landlords: *must not discriminate against prospective tenants *may charge any rent he/she wishes but this should be reasonable *do not have to supply a written lease, however if the tenant insists on this, the landlord must comply *must issue a receipt for every payment received *must put deposits paid by the tenant in an interest bearing bank account and written statements of interest should be available when requested *have the right to prompt and regular payment of rent and if rent is not received on time the landlord may sue the tenant or obtain a court order to evict him/her *must allow tenants the right to privacy and to enjoy their home undisturbed *must carry out urgent repairs as and when necessary *must not inspect the property without giving the tenant a reasonable amount of warning Tenants A tenant’s rights include: *The right to occupy a home on an on-going basis while meeting the obligations stated in the lease agreement *To be consulted on matters that affect the tenant, such as repairs *A tenant has the right to stay in the property until the lease expires if all obligations stated in the lease are being met. This means that even if the property is sold to a different owner during the tenancy agreement, the tenant still has the right to remain in that property until the tenancy agreement expires. Tenants are obliged to: *Pay the rent on time *Use rental property only for the purposes stated in the rental agreement *Not sublet property without agreement from the landlord *Maintain the interior of the property and keep it in good working order *Not make any alternations to the property without prior consent from the landlord Disputes Disputes between the tenant and landlord, can be referred to the Rental Housing Tribunal in the province in which the property is situated. The tribunal has the power to take evidence, hold hearings, make decisions, and issue orders. Complaints can also be filed with the Renting Housing Tribunal if the landlord is charging too much for poor-quality accommodation. Tribunals can order the landlord to reduce the rent if the building is not well maintained. Leases and Rental Agreements Understand the different elements of the tenancy agreement when renting property in South Africa… It is normal, having decided on a property to rent, to make an offer in writing. It is advisable to have a lease drawn up which stipulates the rental terms and conditions. A lease is normally used by estate agents and other companies specialising in letting properties. It is also possible to get a lease drawn up by a lawyer. According to the Rental Housing Act, a lease must contain the following minimum information: the landlords name and address the tenants name and address a description of the property, e.g. its address how much rent the tenant must pay and details of any escalation (increases in rent) any other moneys which the tenant must pay, such as water and lights when the rent must be paid - it is usually at the beginning of each calendar month how much deposit the tenant must pay as security for any damage he or she might cause the period of the lease - if there is no specific period, the lease must state how much notice must be given to end it the landlords and tenants obligations towards each other a list of existing defects to the property any house rules that the tenant will have to obey a list of furniture and fittings (if the property is being let as a furnished unit) The law also states that landlords must: issue a detailed receipt for every payment received from the tenant if a deposit is paid, invest that money in an interest-bearing bank account and must give the tenant a written statement of the interest earned whenever the tenant asks for one Types of lease Property rental leases are usually 1 year, with an option to extend for another year. However, in some cases it is possible to negotiate a 6 month lease or a longer lease if required. A lease is a legally binding contract so it is often difficult to get out of rental agreements unless there is a breach in contract by either party. However, in most cases if someone else is found to take over the rent for the time remaining on the lease, it may be possible to get out of the rental agreement. If the tenant remains in the unit after the end of the fixed term with the consent of the landlord, the lease is then deemed to be a periodic lease. Periodic leases can be terminated by giving a month’s written notice. Rent increases The amount of rent can be freely negotiated by tenants and landlords. The lease or rental agreement should state by how much and when the rent can be increased. If the agreement does not specify an amount or date for increase, this must be negotiated with the tenant.