LLexiSA

Property Law

Landlord and Tenant Disputes

Residential leases are governed by the common law, the Rental Housing Act 50 of 1999 and, for many fixed-term leases, the Consumer Protection Act. The Rental Housing Tribunal resolves disputes about deposits, maintenance, unfair practices and exploitative rentals — free of charge.

Key facts

  • Deposits must be held in an interest-bearing account and repaid within 7–21 days of lease end.
  • The landlord must provide a dwelling reasonably fit for habitation; structural maintenance is the landlord's duty.
  • Under the CPA, tenants may cancel a fixed-term lease on 20 business days' notice, subject to a reasonable cancellation penalty.
  • The Rental Housing Tribunal is free and its rulings have the force of a magistrates' court judgment.

The law that applies

  • Rental Housing Act 50 of 1999 — ss 4, 5, 13
  • Consumer Protection Act 68 of 2008 — s 14 (fixed-term agreements)

Practical steps

  1. Put complaints (repairs, deposit, harassment) in writing to the landlord.
  2. Lodge a complaint with your provincial Rental Housing Tribunal.
  3. Attend mediation or a hearing; rulings are enforceable as court orders.

Frequently asked questions

My landlord won't return my deposit. What can I do?

Demand it in writing, citing the joint inspection (or the landlord's failure to hold one — which forfeits their claim to deductions). If unpaid, lodge a free complaint with the Rental Housing Tribunal.

How does this apply to your situation?

Ask LexiSA. It will gather your facts, apply the law above, and give you a cited assessment of your position — free.

Ask about property law

This guide is legal information, not legal advice, and may not reflect amendments after its last review. For advice on your specific circumstances, consult a practising attorney.