To qualify for a rental property in South Africa, prospective tenants typically need a good credit score, proof of income, and evidence that the rental is affordable. A clean background check is also essential.
According to rental agents from the Seeff Property Group, landlords often look for a solid payment history and may request references from previous landlords.
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With rental demand frequently outstripping supply, many properties aren’t advertised publicly and have waiting lists. Tenants should prepare all necessary documents and begin their search early, ensuring they are ready to act quickly when a suitable property becomes available.
Beware of scams
Property fraud is on the rise. Johan Meyer, licensee of Seeff Pinelands, warns that scams are now frequent and sophisticated. “Always verify property adverts, even on mainstream sites, as scammers often clone legitimate listings,” he says.
Most importantly, never pay money until you are certain both the agent and property are legitimate. While agents may charge for services such as credit checks (with your consent), application fees are not permitted under the Consumer Protection Act.
Working with a credible rental agent protects your interests and provides access to a broader range of properties. Agents must be registered with the Property Practitioners Regulatory Authority (PPRA) and hold a valid Fidelity Fund Certificate, which can be verified on the PPRA website (theppra.org.za).
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Understanding rental laws
South Africa’s rental market offers many opportunities - but also legal pitfalls for those unfamiliar with the rules. From deposits and rent increases to ending a lease, the law is designed to protect both landlords and tenants.
Misunderstandings often lead to disputes, says Jacqui Savage, National Rentals Manager for the Rawson Property Group.
“It’s not about landlords versus tenants,” Savage explains. “It’s about making sure everyone understands their rights and responsibilities. When you get that right, the rental process runs far more smoothly for both sides.”
Here’s a practical guide to the key rental laws every landlord and tenant should know.
Lease agreements
The Rental Housing Act allows leases to be verbal or written, but having a written agreement is far safer. A written lease clearly outlines rent, payment terms, maintenance responsibilities, duration, and renewal or termination processes.
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“Skipping this step is one of the quickest ways to end up in a dispute,” says Savage. “A written lease doesn’t just protect you legally; it provides a shared reference point if questions arise.”
Deposits
Security deposits are standard in South African rentals, usually equal to one or two months’ rent. By law, landlords must place deposits in an interest-bearing account and return them, with interest, at the end of the lease—minus any legitimate costs for damages beyond normal wear and tear.
“Tenants are entitled to see proof of where their deposit is held and how much interest it has earned,” Savage notes. Documenting the property with photos helps ensure a full refund.
Entry and exit inspections
Landlords and tenants must conduct joint inspections when moving in and out. These inspections document the property’s condition and protect both parties.
“If you skip the inspection, you’re essentially giving up your legal safety net,” warns Savage. Photos or videos provide extra protection and clarity if disputes arise.
Maintenance and repairs
The law distinguishes between a landlord’s responsibility to maintain habitable conditions and a tenant’s duty to handle daily upkeep.
“If the roof leaks or the geyser bursts, that’s the landlord’s responsibility. If a lightbulb blows or the garden needs weeding, that’s on the tenant,” Savage explains. A detailed lease clarifies these responsibilities and helps avoid conflict.
Rent increases
There is no national limit on rent increases, but they must be fair and in line with market trends. Increases should be agreed upon at the lease signing and communicated in writing 40 to 80 days before taking effect.
“A sudden, unreasonable hike is a quick way to lose a good tenant,” says Savage. “Base increases on realistic market data and inflation, not just what you’d like to earn.”
Evictions
Even if a tenant stops paying rent or breaches the lease, landlords cannot take matters into their own hands. The Prevention of Illegal Eviction (PIE) Act requires all evictions to go through the courts, with proper notice and a judge’s order. Failing to follow these steps can lead to fines, compensation claims, or criminal charges.
Early termination
Under the Consumer Protection Act, tenants can cancel a fixed-term lease early with 20 business days’ written notice. Landlords may charge a reasonable penalty covering actual losses but cannot demand punitive fees.
“This is often misunderstood,” Savage says. “Tenants think they can leave for free, and landlords sometimes try to claim the full remaining rent. Both are wrong.”
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Communication is key
While the law provides the framework, good communication keeps rental relationships running smoothly. Problems often escalate when one party remains silent or makes assumptions.
“Legal knowledge is essential, but so is mutual respect,” Savage notes. “Raise issues early. A willing conversation can solve what a courtroom cannot.” Documenting communications in writing, and following up with calls or meetings, ensures clarity and faster resolutions.
A fair and stress-free rental experience
Understanding rental laws isn’t about memorising legal jargon - it’s about knowing the basics that make rental relationships fair, professional, and hassle-free. As Savage puts it:
“The law isn’t there to favour landlords or tenants. It ensures both sides are treated fairly. When everyone plays by the same rules, renting becomes simpler and more pleasant.”
Whether you’re handing over keys or unpacking boxes, knowing your rights and responsibilities reduces disputes, speeds up problem-solving, and makes renting a positive experience for all.
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