Rental agreements — The dos and don’ts for tenants

The Rental Housing Act and the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act are both in favour of tenants, but there are still some fine lines in terms of what tenants are not allowed to do in a rental property.

Seeff rental agents advise that as a tenant, you must be aware of the limitations and rules to ensure you don’t fall foul of them.

The lease agreement is usually the guiding contract that outlines specifics pertaining to the use of the property. These would include the “house rules” from the landlord on the use of the property, as well as the rules that pertain to the complex or estate.

Ignoring them can have serious consequences for you, and even lead to your eviction.

Breaches that require repairs or replacements are usually paid for from the rental deposit if the landlord can prove that you are responsible for the damage. This is why a pre-inspection list before you move in and a post-inspection list as soon as you move out are vital. Ask the rental agent or landlord for a copy of the pre-inspection list so that you have a record if, for example, there was a leaky tap in the spare bathroom or a damaged light fitting.

Here are five things tenants cannot do:

1. Conduct illegal activities. Illegal activities are strictly prohibited in rental properties. They would include drug-related actions, disruptive unlicensed businesses or anything in contravention of South African law. Such activities violate the lease agreement and may lead to eviction.

Apart from the legal consequences, these actions would breach your lease agreement and could result in eviction.

2. Make structural alterations. Generally, no changes or alterations, including knocking in nails for fixtures or to hang a photograph, may be done without the written permission of the landlord. In the event of such an arrangement with the landlord, there should be an agreement as to what happens when the lease ends.

In most instances, the tenant must restore the property to its original state, and no compensation can be claimed. That means forking out for paint and also filling in any holes left behind when you remove nails or picture hooks.

3. Sublet the property without explicit permission. Most lease agreements expressly forbid the subletting of the property or sharing with other tenants without the owner’s permission.

The lease agreement is a contract between the tenant and the landlord, based on an assessment of the suitability of the tenant. Introducing a new, unvetted occupant could result in a breach of the lease agreement.

4. Cause a nuisance, disrupt neighbours or violate complex rules. Living in a rental property means being part of a community, whether it is a stand-alone house in a suburb or an apartment in a complex governed by a body corporate.

Tenants are expected to be considerate of neighbours and adhere to complex rules, including keeping noise levels reasonable and respecting the use of public areas, including parking bays.

5. Cause damage beyond fair wear and tear. Although some wear and tear is to be expected over the course of a tenancy, the tenant is responsible for maintaining the property. Regular cleaning and reporting maintenance issues to the landlord or agent is therefore crucial to ensure that no damage results. Anything due to tenant neglect is usually for the tenant’s account. DM

This story first appeared in our weekly Daily Maverick 168 newspaper, which is available countrywide for R35.