Skip to content
July 16, 2026

Your Lease and Your Deposit: What the Law Expects

Renting in South Africa is governed by the Rental Housing Act, and the parts of it that matter most to a tenant are refreshingly practical. This is a plain summary of the structure it sets up. It is general information rather than legal advice — your own lease and the Act itself are the authorities, and your provincial Rental Housing Tribunal exists precisely to help when something goes wrong.

Get the lease in writing

A lease does not have to be in writing to be valid, but the Act gives a tenant the right to require that it be reduced to writing. Always exercise that right. A written lease is not a sign of mistrust; it is the document that protects both sides when memories differ eight months later. Read it before signing, and ask about anything you do not understand.

  • The rent, when it is due, and how it is paid
  • What is included and what is billed separately — water, electricity, refuse, internet
  • The period of the lease and what happens at the end of it
  • Notice periods, for both sides
  • The deposit amount and how it is handled
  • House rules, and what you may and may not change in the property
  • Who is responsible for which repairs

The two inspections

These are the most valuable protection a tenant has and the most frequently skipped. The Act provides for a joint inspection before you move in, and another before the lease ends, both done together with the landlord or their representative.

  1. The incoming inspection records the condition of the property before you occupy it. Every existing mark, crack, stain, broken fitting and dripping tap should be written down. Anything not recorded is likely to be treated as damage you caused.
  2. Photograph everything on the same day, and make sure the date is visible in the file properties. Take more than you think you need.
  3. Both parties sign it, and you keep a copy. A signed inspection sitting only in the landlord’s file is worth much less to you.
  4. The outgoing inspection happens before the lease ends and compares the property to that record. Be there. If you are not, you lose the ability to dispute what is found.

How the deposit is meant to work

The Act is specific about deposits, and the requirements are worth knowing:

  • It must be invested in an interest-bearing account with a financial institution, not simply held.
  • The interest belongs to you, the tenant, and is payable to you along with the deposit.
  • You may ask for written proof of the interest earned, and the landlord must provide it.
  • It may be applied to what you actually owe at the end — damage beyond fair wear and tear, and arrear rent — with the balance refunded to you.
  • The Act sets time periods for the refund, and they differ depending on whether there was damage and whether the outgoing inspection took place. They are measured in days, not months. Ask your landlord to confirm which period applies to your situation, and hold them to it.

Fair wear and tear

You are not liable for the ordinary deterioration that comes from living somewhere normally: carpet that has been walked on, paint that has faded, a tap washer that has perished. You are liable for damage — a hole in a door, a broken window, a burn on a counter. The line between them is the reason the incoming inspection matters so much, because without it the argument becomes one person’s word against another’s.

Receipts and records

The Act requires that a landlord furnish a receipt for payments received, and the receipt should identify what it is for and the period it covers. Keep every one. Keep your lease, your inspection reports, your photographs and your correspondence in one place — a folder on your phone is fine — and keep it until well after your deposit has been refunded.

What tenants and landlords each owe

  • The landlord must give you a property in a reasonable state and maintain the structure and the things they are responsible for under the lease. They may not simply cut off your services or lock you out because you are in arrears — there is a legal process for that.
  • You must pay on time, use the property properly, report faults promptly, allow reasonable access for repairs, and return the property in the condition recorded, fair wear and tear excepted.
  • Both should put changes in writing. A verbal agreement about a repair or a late payment is worth very little when it is disputed.

If something goes wrong

Raise it in writing first, calmly and specifically, and give a reasonable time to respond. Most disputes end there. If it does not resolve, each province has a Rental Housing Tribunal that hears disputes between landlords and tenants, and using it does not cost you anything. It handles exactly this kind of thing — deposits not refunded, repairs not done, unlawful conduct by either side. You do not need a lawyer to approach it.

One last thing worth knowing: when you hand over your ID and supporting documents to apply for a property, that information is personal information under POPIA. A landlord or agent may collect what they reasonably need to assess and manage the tenancy, must keep it secure, and must not use it for unrelated purposes. You are entitled to ask what is held about you.