28 April 2023

Most tenants taking out a new lease expect to move into a clean, well-maintained home. Likewise, landlords expect to receive their properties in good condition when those tenants leave. Despite very clear expectations at the outset, however, Roger Lotz, franchisee for Rawson Properties Helderberg, says things can get a little fuzzy over the course of the lease.

“One of the most common misunderstandings we see arising between landlords and tenants is the division of property maintenance and repair responsibilities while the tenant is in residence,” he says. “Tenants often believe maintenance is solely the landlord’s responsibility, while landlords often think tenants are required to keep the property in ship shape. Neither of those assumptions is entirely accurate, and they can both cause a lot of anger and resentment.”

Landlord responsibilities

According to both common law and South African regulations, a landlord’s first responsibility is to make sure their property is in a good state of repair when the tenant moves in.

“That doesn’t mean everything in the property needs to be brand-spanking-new,” says Lotz, “but everything should be clean, safe and in working order. That includes electricity supply, plumbing, any heating or ventilation systems, doors, windows, fittings, fixtures, and any appliances included in the rental.”

Landlords’ obligations don’t end on tenant occupation, but division of responsibility for ongoing repair and maintenance work is usually negotiated as part of the lease agreement.

“Typically, landlords take care of the more structural elements of the property, including roofs, gutters, windows, doors, plumbing and electrical,” says Lotz. “They may also handle repairs to any appliances included in the rental, although this – like most things – is up for negotiation.”

Tenant responsibilities

Tenant responsibilities vary from rental to rental, which is why Lotz says it’s a good idea to list them very clearly in the rental agreement. 

“Tenants usually take charge of more basic property maintenance like cleanliness, garden and pool care, and any intentional or unintentional damages,” he says.

Lotz notes that that fair wear and tear is not considered damage, however, and tenants should not be held responsible for items naturally reaching the end of their lifespan.

“Carpets wear out, curtains fade, doors warp with age and appliances don’t last forever,” he says. “Landlords need to budget for these inevitabilities, and can’t hold tenants responsible.”

The importance of communication 

Because the division of landlord/tenant responsibilities can vary, Lotz says good communication is absolutely key.

“It’s so important that rental agreements list repair and maintenance responsibilities in black and white,” he says. “It’s also vital that both landlords and tenants take the time to read and understand these so they know exactly what their obligations entail.”

To avoid disagreements from the outset, Lotz says incoming inspections are also essential, ensuring everyone is on the same page as to the condition of the property at the start.

“Without an incoming inspection, it’s impossible to hold a tenant to account for damages, as there is no way to prove those damages weren’t there when they moved in,” he says. “Likewise, it’s essential to conduct a thorough outgoing inspection, not only to identify tenant-related damages – for which the tenant must be present if they want to minimise deductions from their deposit – and also to flag other repairs, maintenance and updates that need addressing before the next tenant moves in.” In this, Lotz says a professional rental agent can be an invaluable partner.

“You only get so many opportunities to inspect a property and ensure it’s in good condition,” he says. “It makes a big difference when those inspections are done by a professional team working together to keep tenant placement, inspections, maintenance, procurement and billing all working together seamlessly.”