Rental Housing Act Explained

The Rental Housing Act in South Africa plays a critical role in governing the rights and responsibilities of landlords and tenants.

Enforced by the Department of Human Settlements, this legislation ensures fair treatment for both parties in rental agreements, regulates housing conditions and provides dispute resolution mechanisms.

In this guide, we explore every aspect of the Rental Housing Act, its latest amendments, and what landlords and tenants need to know to remain compliant and protected.

What Is the Rental Housing Act?

The Rental Housing Act 50 of 1999 was established to create a balanced legal framework for the rental housing market in South Africa.

It regulates lease agreements, addresses disputes, and protects tenants from unfair eviction or exploitation while also safeguarding landlords’ rights to income and property.

The Act applies to all residential rental properties, including flats, houses, rooms, backyard dwellings, and informal settlements—excluding commercial property rentals.

Purpose of the Rental Housing Act

The primary objectives of the Rental Housing Act are to:

• Define the rights and duties of landlords and tenants.
• Promote stability in the rental housing market.
• Provide dispute resolution through Rental Housing Tribunals.
• Ensure access to adequate housing in line with Section 26 of the Constitution.
• Protect vulnerable groups, especially low-income tenants, from unfair practices.

Key Provisions of the Rental Housing Act

1. Written Lease Agreements Are Mandatory

As per the amended Rental Housing Act, all lease agreements must be in writing. The lease should include:

• Names and ID numbers of the landlord and tenant.
• Description and address of the rental property.
• Monthly rental amount and payment date.
• Deposit amount and conditions for its return.
• Maintenance responsibilities.
• Notice periods for termination.

This protects both parties in case of disputes and ensures transparency.

2. Deposits and Inspections

The Rental Housing Act requires landlords to:

• Collect a security deposit (usually equal to one or two months’ rent).
• Hold it in an interest-bearing account.
• Conduct joint incoming and outgoing inspections.
• Return the deposit (plus interest) within 7 to 14 days after the lease ends, minus any agreed-upon damages.

Failure to conduct inspections can prevent the landlord from making any deductions.

3. Maintenance and Repairs

The Act clearly states:

• Landlords must ensure the property is safe and habitable.
• Tenants must maintain the interior in a clean and damage-free condition.
• Any structural damage or faults must be repaired by the landlord.

Failure to maintain the property can result in legal consequences or orders from the Rental Housing Tribunal.

4. Rental Housing Tribunal Dispute Resolution

Each province has a Rental Housing Tribunal, which is an independent body that resolves disputes between landlords and tenants free of charge. The Tribunal can:

• Mediate disputes.
• Issue binding rulings.
• Investigate complaints related to unfair practices.

This offers an alternative to costly legal proceedings and promotes fair outcomes.

Rights and Responsibilities Under the Rental Housing Act

Landlords’ Rights

• Receive rent on time.
• Be compensated for damage beyond normal wear and tear.
• Enforce lease conditions.
• Terminate the lease lawfully for valid reasons.

Tenants’ Rights

• Live in a safe, well-maintained property.
• Not be unlawfully evicted or harassed.
• Receive a written lease agreement.
• Get their deposit back fairly.

Shared Responsibilities

• Comply with all lease terms.
• Respect each other’s privacy and rights.
• Keep communication clear and in writing.

Recent Amendments to the Rental Housing Act

The Rental Housing Amendment Act, which has been signed but is pending full implementation, includes key updates:

• Makes written lease agreements compulsory.
• Enhances the jurisdiction and enforcement powers of the Rental Housing Tribunals.
• Introduces more stringent rules on property inspections and deposit handling.
• Strengthens penalties for non-compliance by landlords.

These amendments aim to improve regulation and protect vulnerable tenants while ensuring that landlords operate within a clear legal framework.

How the Rental Housing Act Affects Landlords

Landlords must ensure they:

• Use compliant lease templates.
• Register with the local municipality if required.
• Keep detailed records of rent payments, inspections, and communication.
• Familiarise themselves with the Tribunal process in case of disputes.

Non-compliance with the Rental Housing Act can lead to fines, legal sanctions, or even loss of rental income through unenforceable lease terms.

How the Rental Housing Act Protects Tenants

Tenants benefit from:

• Security against illegal eviction.
• Access to fair rental conditions.
• The right to lodge complaints with the Tribunal.
• Legal mechanisms for recovering unfairly withheld deposits.

Tenants should read their lease agreements carefully and understand their rights under the Rental Housing Act before signing.

Conclusion: Understanding the Rental Housing Act in South Africa

The Rental Housing Act is a cornerstone of tenant-landlord relations in South Africa. Whether you are a landlord managing multiple properties or a tenant renting a single room, understanding this law is essential.

By complying with the Act, landlords can reduce legal risks while tenants gain stronger protection and fairer treatment. Both parties are encouraged to familiarise themselves with the Act and to make use of the Rental Housing Tribunal for dispute resolution.

Frequently Asked Questions 

Is a written lease mandatory under the Rental Housing Act?

Yes. The amended Rental Housing Act requires all lease agreements to be in writing to ensure clarity and enforceability.

How do I lodge a complaint with the Rental Housing Tribunal?

You can visit your provincial Tribunal’s office or their website to file a complaint. The process is free and includes mediation and possible binding rulings.

How soon must a landlord return a tenant’s deposit?

The deposit must be returned within 7 days (if there’s no damage) or 14 days (after deducting for damages) following the final inspection.

What happens if a landlord fails to follow the Rental Housing Act?

Non-compliant landlords may face fines, enforcement orders, or other penalties issued by the Rental Housing Tribunal or the courts. 

Legislation and Regulations Links

• Rental Housing Act 50 of 1999: The foundational legislation governing residential leases in South Africa.
  View the Act​

• Rental Housing Amendment Act 35 of 2014: Introduces key updates, including mandatory written leases and enhanced tribunal powers.
  Read the Amendment​

• Unfair Practices Regulations: Defines prohibited practices by landlords and tenants under the Act.
  Download PDF​

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Published 15th of April 2025