Both parties have rights and obligations in terms of common law as well as statutes. Common law is law which has developed over time through various cases presented in courts; in essence it is law made by the courts of this country.
The following are some of a landlord’s rights and obligations:
- Landlord must not discriminate against prospective tenants
- Landlord may charge a reasonable rent amount
- A landlord does not have to supply a written lease unless requested so by a tenant.
- A landlord must place deposits paid by the tenant in an interest bearing bank account. Statements must be provided to the tenant where requested.
- Landlords have a right to regular payment of rent. If not the landlord has legal remedies which can be used. This off course ties in the tenant’s duty to make payment on time.
- A landlord must allow the tenants privacy in the property and allow them undisturbed possession and enjoyment.
- A landlord is responsible to carry out repairs to the property when problems have been pointed out by the tenant.
- A landlord may inspect the property but must give the tenant reasonable notice.
The following are a tenant’s rights and obligations:
- The tenant must pay rent on time.
- The tenant has a right to occupy the property while meeting the obligations in the lease agreement.
- The tenant may not use the property for reasons other than those stated in the lease.
- A tenant may not make changes to a property unless they have consent from the landlord. The landlord in turn may not unreasonably withhold consent.
- The tenant has a right to be advised of matters that affect their peaceful occupation. An example would be repair work or inspections.
- A tenant has the right to stay in the property until the lease expires. This of course would not apply if there is a breach by the tenant. Where there is a breach, proper legal procedure must be followed and the landlord may not simply lock the tenant out of the property. Where the property is sold to a different owner during the tenancy agreement, the tenant still has the right to remain in that property until the tenancy agreement expires.
- On termination of a lease a tenant may remove additions to a property provided the property is not damaged as is returned to the same condition it was in when first lease.
Should you need a revision of your lease agreement, please feel free to contact us and we will be able to assist you accordingly! You can email us at allison@riviganpg.co.za.
