How to get your deposit money from a Landlord
The return of a rental deposit is a common issue for tenants in South Africa. Many landlords unfairly withhold deposits, citing vague reasons or making unlawful deductions.
This guide explains your rights as a tenant, what deductions are legal, and how to take action if your Landlord refuses to refund your deposit.
Understanding the Rental Deposit in South Africa
A rental deposit is a sum of money paid by a tenant at the start of a lease agreement. According to the Rental Housing Act 50 of 1999, the deposit serves as security for:
- Unpaid rent
- Damages beyond normal wear and tear
- Unpaid utility bills (if applicable)
Where Must the Deposit Be Kept?
The law requires landlords to place deposits in an interest-bearing account. The tenant is entitled to:
✔ Proof of where the deposit is held
✔ Accrued interest on the deposit
✔ A refund within 7 days if there are no disputes
If deductions apply, the Landlord must return the balance within 14 days after providing receipts and Proof of expenses.
Steps to Ensure the Return of Your Deposit
Conduct a Thorough Entry Inspection
The Rental Housing Act requires both parties to inspect the property before moving in. To protect your deposit:
- Document everything: Take clear, date-stamped photos or videos of any damages.
- Complete a written checklist: Ensure both parties sign a written record of the property’s condition.
- Request a copy: Keep a copy of the signed inspection report.
Without an entry inspection, landlords cannot deduct funds for damages.
Maintain the Property During Your Lease
Taking care of the rental property prevents unnecessary deductions. Ensure that you:
✔ Report maintenance issues promptly to the Landlord.
✔ Keep the property clean and in good condition.
✔ Do not make unauthorized modifications that could lead to penalties.
Provide Proper Notice Before Moving Out
Most lease agreements in South Africa require one calendar month’s written notice. If you fail to give proper notice:
❌ The Landlord may deduct additional rent from your deposit.
❌ You may lose the right to claim your deposit in full.
Conduct an Exit Inspection with the Landlord
The Rental Housing Act requires a joint inspection within three days before moving out. During this inspection:
✔ Compare the property’s condition to the entry inspection report.
✔ Discuss any necessary repairs or cleaning requirements.
✔ Ensure both parties sign the exit inspection report.
If the Landlord refuses to conduct an exit inspection, they forfeit the right to deduct from the deposit.
Request Your Deposit in Writing
After moving out, send your Landlord a formal written request for the deposit refund. In your letter:
✔ Refer to the Rental Housing Act’s 7-day refund rule.
✔ Request an itemized list of deductions if the full deposit is not returned.
✔ Provide your banking details for payment.
What Landlords Can Deduct from a Rental Deposit
✔ Lawful Deductions
Landlords may legally deduct from a deposit for:
- Unpaid rent
- Damages caused by the tenant (not wear and tear)
- Cleaning costs (if the property was left excessively dirty)
- Unpaid municipal bills (if the tenant was responsible)
❌ Unlawful Deductions
A landlord CAN NOT deduct money for:
- General wear and tear (e.g., faded paint, worn carpets)
- Upgrades or renovations
- Damages that existed before the tenant moved in
Landlords must provide invoices and receipts for any deductions. Without Proof, the deductions are unlawful.
What to Do If Your Landlord Won’t Return Your Deposit
If your Landlord refuses to refund your deposit, follow these legal steps:
Step 1: Send a Final Demand Letter
Send a formal written request stating:
- The amount owed
- A deadline for repayment (7 days)
- Legal consequences if the deposit is not returned
Step 2: File a Complaint with the Rental Housing Tribunal
If the Landlord ignores your request, lodge a complaint with the Rental Housing Tribunal in your province. This is a free legal service that enforces rental laws.
What you need:
✔ A copy of the lease agreement
✔ The entry and exit inspection reports
✔ Proof of deposit payment
✔ Any communication with the Landlord
The Tribunal will mediate the dispute and may order the Landlord to return your deposit.
Step 3: Take Legal Action
If the Tribunal process fails, consider:
✔ Small Claims Court (for claims up to R20,000)
✔ Magistrate’s Court (for higher amounts)
A successful court ruling can force the Landlord to repay the deposit plus interest.
Key Takeaways
✔ The deposit must be held in an interest-bearing account.
✔ Entry and exit inspections are required by law.
✔ Landlords must provide receipts for any deductions.
✔ A deposit must be refunded within 7–14 days.
✔ Tenants can file a complaint with the Rental Housing Tribunal for free.
By knowing your rights and following the correct procedures, you can ensure your rental deposit is fully returned.
Government & Legal Resources
Click the blue link to join the South African Landlords Association (SALA).
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Disclaimer:
This post is for general use only and is not intended to offer legal, tax, or investment advice; it may be out of date, incorrect, or maybe a guest post. You are required to seek legal advice from a solicitor before acting on anything written hereinabove.
