Did you know that rent increases must be in accordance with the lease agreement and be legally valid? Picture: Pexels
Rental property owners and landlords must understand their duties and rights under South African rental regulations, particularly what they are not permitted to do.
Landlords and tenants have rights and obligations under the Rental Housing behave and the Consumer Protection Act, and landlords cannot behave arbitrarily, particularly when dealing with tenant complaints.
Seeff Southern Suburbs’ rental brokers highlight a few key points for landlords to consider:
Landlords may not turn off basic services even if the tenant is late on rent. Tenants have the right to these services.
If rent is past due, landlords must pursue legal processes. If it is not paid, they may take legal action, including seeking an eviction order.
Rent increases must be in accordance with the lease agreement and be legally valid.
Landlords cannot unilaterally increase rent, even if they have incurred expenditures associated with property repairs or upkeep that are unrelated to the tenant.
In accordance with the Promotion of Equality and Prevention of Unfair Discrimination Act, all renters, present and future, must be treated equally and may not face discrimination.
This encompasses race, gender, religion, handicap, and sexual orientation.
The tenant must be given proper notice of inspections, and they must be accommodating.
Landlords must respect the tenant’s rights and may not enter without permission, except in emergencies or if the tenant refuses access when or if the landlord wants to display the property to potential renters or buyers.
Landlords are required to maintain rental homes in good and liveable shape.
This includes the fixes required to maintain health and safety regulations. If the landlord fails to maintain the property or attend to emergency repairs that are not caused by tenant negligence, the tenant can take legal action.
Landlords must follow legal procedures and cannot lock tenants out of their rented properties.
Proper legal procedures must be followed, and if the tenant continues to violate the agreement, an eviction order can be obtained. Eviction proceedings must respect the tenant’s rights and dignity.
Even if someone sells the property, they cannot cancel the lease unilaterally.
Unless otherwise specified in the agreement, the landlord may only terminate the lease if there is a substantial breach and must follow legal procedures.
IOL