When a lease agreement ends, misunderstandings and disputes can arise between tenants and landlords, particularly around maintenance, repairs, and deposit deductions. If these issues cannot be resolved amicably, they may need to be taken to the Rental Housing Tribunal (RHT) for formal resolution.
At Rawson Rentals, we aim to simplify the renting process and provide clear guidance to both tenants and landlords. Here’s what you need to know to handle end-of-lease disputes effectively.
Common Maintenance & End-of-Lease Disputes
1. Deposit Deductions: Landlords may withhold part or all of the deposit for alleged damages, unpaid rent, or outstanding utility bills. However, deductions must be justified, and tenants have the right to request proof of damages or arrears.
2. Repairs & Maintenance Responsibilities: Disagreements often arise over who is responsible for fixing property issues before moving out. Lease agreements should clearly outline maintenance obligations to avoid conflicts.
3. Fair Wear and Tear vs. Damage: Tenants are only liable for actual damage to the property, not normal wear and tear.
4. Unfair Evictions or Charges: In some cases, landlords may attempt to impose unfair penalties or evictions. Tenants are protected by the Rental Housing Act and should be aware of their rights.
1. Conduct a Final Inspection: A joint exit inspection between the landlord and tenant should be done on or before the lease expires. This ensures transparency and provides an opportunity to address any issues upfront.
2. Attempt to Negotiate: If a dispute arises, both parties should first try to resolve it directly through open and honest communication.
3. Lodge a Complaint with the Rental Housing Tribunal (RHT)
- If the landlord unfairly withholds the deposit or refuses to make necessary repairs, the tenant can file a free complaint with the provincial RHT.
- If a tenant refuses to pay for damages that are their responsibility, the landlord can also take the matter to the RHT.
- The RHT will investigate the case, mediate between parties, or hold a hearing to resolve the
issue.
4 . Consider Legal Action: If the dispute remains unresolved, either party can escalate the matter to the Small Claims Court (for claims up to R20,000). Or a Magistrate’s Court (for larger claims or more complex legal matters).
Key Tenant Rights Under the Rental Housing Act- The landlord must return the deposit (minus any agreed deductions) within 7 days if no damages are found.
- If there are damages, the landlord must return the remaining deposit within 14 days, providing receipts for any necessary repairs.
- Tenants cannot be charged for normal wear and tear.
Renting with Confidence Through Rawson Rentals
At Rawson Rentals, we provide trusted, transparent rental services to help tenants and landlords avoid unnecessary disputes. Our experienced agents ensure lease agreements are clearly structured, maintenance responsibilities are well-defined, and all transactions are fair for both parties.
By working with a reputable rental agency like Rawson Rentals, you can navigate lease terminations with confidence and peace of mind. For expert rental guidance or to find a property that meets your needs, visit www.rawson.co.za or contact our team today.
A smooth rental experience starts with the right support – let Rawson Rentals be your trusted partner in hassle-free renting.
