Landlord vs Tenant: A Breakdown of Property Rental Responsibilities
Before renting a property, understanding landlord vs tenant responsibilities is critical to ensure that you know what you’re getting yourself into.
Landlord vs Tenant: What to Expect
In South Africa, both the landlord and tenant must follow a list of specific legal obligations they must adhere to. Here’s a breakdown so that you can see which one will apply to you.
The Landlord
If you’re a landlord, your property rental obligations may differ slightly from property to property, but general responsibilities apply to nearly all property rentals.
Basic Rental Responsibilities
- Ensure that the property is in a reasonable condition before the tenant moves in.
- Inspect the property before and after the tenant moves out.
- Provide a written lease agreement and have it signed by both parties.
- All payments received must be issued with a receipt.
- Clarify in writing what maintenance will be your responsibility.
- Allow the tenant the right to privacy. You cannot enter the property without the tenant’s permission and only do so after giving notice.
- Always confirm arrangements or agreements in writing.
- Ensure that all repairs to the property are taken care of in a timely fashion.
- Ensure premises are safe and secure.
- Disclose any known environmental hazards.
- Consider building insurance.
- Return the tenant’s deposit to them within 14 days after the lease agreement has ended.
The Tenant
Like landlords, tenants must fulfil certain legal obligations and property rental responsibilities.
Basic Rental Responsibilities
- Always ask for a lease agreement in writing.
- Pay the deposit in a timely fashion.
- Inspect the property before moving in and out.
- Clarify in writing to what extent the maintenance of the property will be your responsibility.
- Pay rent on time, as per the lease agreement. You cannot withhold rental payments due to personal dissatisfaction.
- Always adhere to the lease agreement.
- Do not sublet the property without your landlord’s agreement.
- Maintain the interior of the property to the best of your ability.
- Do not make any changes to the property without your landlord’s agreement.
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