RENTAL CONTRACT LAWYERS IN JOHANNESBURG AND CAPE TOWN
– A professional property inspection will ensure a happy stay in your rented property –
RENTAL CONTRACTS SOUTH AFRICA
Buyers and lessees of a property will always be in demand in the property market. This means that people who wish to rent or buy property will always have a strong ability to negotiate the terms of their sale or lease agreements. But lessees and buyers often need to be made aware of their rights and, at other times, do not have the ability to enter into negotiations with a seller or a landlord.
The Rental Housing Amendment Act 35 of 2014 (RHA) aims to protect tenants’ rights and ensure fair practices in the rental market. It is crucial to remember that the RHA is not the only legislation affecting the rental market, and other laws and regulations may also apply.
RENTAL CONTRACTS AND THE RENTAL HOUSING ACT IN SOUTH AFRICA
Julies Attorneys are registered conveyancers and property attorneys who specialise in reviewing the terms of a sale or a lease agreement of the property. We identify areas in a contract that could present possible areas for dispute or additional expenditure for the lessee or the home buyer. Our specialist team assist clients with a firm knowledge of the latest amendments and requirements of the Rental Housing Act in South Africa and advise accordingly.
Being aware of your rights and responsibilities as a landlord and/or lessee forms the basis for drafting and upholding rental contracts that will alleviate disputes in the future and ensure fair practices.
WHAT ARE THE MAIN PROVISIONS OF THE RENTAL HOUSING AMENDMENT ACT?
The main provisions of the Rental Housing Amendment Act include the following:
- Rent Control: The Act regulates rent increases
- Maintenance and repairs: Landlords are responsible for maintaining the property in a safe and habitable condition and must respond to tenant complaints about repairs in a timely manner. Tenants also have an obligation to take care of the property and report any damages to the landlord.
- Lease agreements: The Act requires that landlords provide tenants with a written lease agreement, which must include certain minimum information such as the rental amount, the length of the lease, and the rights and obligations of both parties.
- Eviction: The Act provides a process for eviction of tenants, which must be done through the courts and only in specific circumstances, such as non-payment of rent, breach of lease terms, or other reasons.
- Security deposit: The Act regulates the amount of the security deposit and the conditions under which it can be used or returned.
- Utilities: The Act regulates the responsibilities of landlords and tenants regarding the payment of utilities such as electricity, water, and sewage.
- Alterations: The Act regulates the tenants’ right to make changes or alterations to the property, such as painting or installing new fixtures.
- Discrimination: The RHA prohibits discrimination on the grounds of race, gender, sex, pregnancy, marital status, sexual orientation, age, disability, religion, conscience, belief, culture, language, birth, or social origin.
- Mediation: The Act provides mediation as an alternative dispute resolution mechanism for disputes between landlords and tenants.
