What to check before signing a lease

Get it in writing

Under the Rental Housing Act you are entitled to a written lease, and you should insist on one. A verbal agreement is still a lease, but when there is a dispute about the rent, the deposit or who fixes the geyser, a written one settles it. Read all of it before you sign, and keep a signed copy.

The money

Check exactly what you are paying and when:

• The monthly rent, the date it is due, and how to pay it. Pay into an account in the name of the landlord or the registered rental agency, never into a stranger’s personal account.
• The deposit, often one or two months’ rent. The landlord must keep it in an interest-bearing account, and the interest belongs to you. You can ask for proof of the interest earned.
• The escalation: most leases raise the rent each year by a fixed percentage. Make sure the percentage is written in the lease.
• Any once-off fees, such as a lease or admin fee, and what they are for.

Water, electricity and other costs

Confirm in writing who pays for water and electricity, and how. Is there a prepaid meter, or does the landlord recover costs from the municipal bill? If costs are recovered, ask how they are calculated. Ask also about refuse removal, internet installation, garden services and, in a complex, any levies or rules for tenants.

The ingoing inspection

Before you move in, you and the landlord (or agent) should inspect the property together and record every defect: stains, cracks, broken fittings, marks on the walls. Take dated photos and keep a signed copy of the list. When you move out, there must be a joint outgoing inspection, and the landlord may only deduct from your deposit for damage beyond normal wear and tear, plus any unpaid rent.

The Rental Housing Act sets deadlines for refunding the deposit after you move out: if there is no damage, it must be refunded (with interest) within 7 days of the lease ending; if there is damage, within 14 days of the repairs, with receipts for what was deducted. If the landlord does not do the outgoing inspection with you, they may lose the right to deduct.

Length, renewal and notice

Under the Consumer Protection Act, a fixed-term lease with an individual tenant can run for at most 24 months. You may cancel early by giving 20 business days’ written notice, but the landlord may charge a reasonable cancellation penalty, so check what the lease says. Before a fixed term ends, the landlord must tell you in writing that it is ending and what will happen if you stay on.

Check what the lease says about notice periods if it continues month to month, about pets, about sub-letting, and about who is responsible for maintenance. As a rule the landlord fixes structural problems and wear, and you are responsible for damage you cause.

Before you pay anything

Never pay a deposit or rent before you have viewed the property in person and signed a lease. Rental scams usually work by asking for money first. If you use an agent, check that they are registered with the Property Practitioners Regulatory Authority at theppra.org.za. Our guide to spotting a rental scam goes into detail.

If things go wrong

Every province has a Rental Housing Tribunal that hears disputes between tenants and landlords for free, including about deposits, repairs and unfair practices. Keep your lease, receipts, inspection lists and messages; they are your evidence.

This is general information, not legal advice. Rules change from time to time; ask the Tribunal or an attorney about your own situation. If you are a landlord, our rental yield calculator shows what a property earns after costs.