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A Tenant’s Rights in South Africa – Why Should the Landlord Care?

A Tenant’s Rights in South Africa – Why Should the Landlord Care?

<p><strong>It is imperative for a Landlord to know the Tenant&rsquo;s rights in the South African context and not just the Landlord&rsquo;s rights and obligations because:</strong></p> <ul> <li>The Landlord will know when a Tenant is overstepping his/her rights. This may help speed up the eviction process.</li> <li>Such knowledge may stop a Landlord from abusing a Tenant&rsquo;s rights unknowingly &ndash; a fact that may negatively affect any successful eviction.</li> <li>The Landlord can hold the Tenant to his/her obligations with conviction</li> <li>Hire Eviction Lawyers South Africa for in-depth knowledge and advice about obligations and rights of Tenants in South Africa.</li> </ul> <p>Some important questions about a Tenant&rsquo;s rights in South Africa answered:</p> <p><strong>What are a Tenant&rsquo;s rights and obligations when a lease expires and the Landlord allows the Tenant to carry on staying on the South African property?</strong></p> <p>In general, a Landlord, as well as a Tenant, both have the right to give notice to each other, to cancel any lease agreement between them (see Rental Housing Act 1999, for more information.)<br />Both the Landlord and Tenant must give at least one month notice to the other party when wanting to cancel the lease. (Rental Housing Act 1999)<br />The Consumer Protection Act (CPA) gives additional rights to the Tenant by allowing them to cancel the lease provided 20 business days notice is given. (Note: this does not apply to some juristic persons)<br />HOWEVER should the above additional rights of the Tenant be exercised, the Tenant may be obligated to pay a &ldquo;reasonable&rdquo; cancellation fee &ndash; Up to 3 months rental.</p> <p><br /><strong>When can a Tenant&rsquo;s right to occupy a home be affected?</strong></p> <p>A Tenant continues to have the right to occupy his/her home, as long as he/she complies with the obligations stated in the lease agreement.</p> <p><strong>Can the Landlord do anything to the property without the knowledge of the Tenant?</strong></p> <p>No, it is the Tenant&rsquo;s right to be consulted on issues affecting the Tenant. For example: Repairs, renovations, lock changes etc.</p> <p><strong>Can the Tenant&rsquo;s right to remain in a property be cancelled if the Landlord is selling that property?</strong></p> <p>No, the Tenant has the right to stay in the property until the lease expires whether there is a change in ownership or not (provided the Tenant&rsquo;s obligations as per the lease are met).</p> <p><strong>Is a Tenant obligated to use the rental property in a certain way?</strong></p> <p>Yes, the Tenant can only use the leased premises for the purposes as stated in the lease agreement.</p> <p><strong>Is it a Tenant&rsquo;s right to sublet the leased premises?</strong></p> <p>No, the Tenant must have the permission from the Landlord.</p> <p><strong>Can a Tenant make alterations to the property without consent from the Landlord?</strong></p> <p>No.</p> <p>Article from&nbsp;<a href="http://evictionlawyerssouthafrica.co.za/tenants-rights/">evictionlawyerssouthafrica</a></p> <p>30th March 2016</p> <p>&nbsp;</p>