Renting in South Africa: the rules

Residential leases are governed by the Rental Housing Act 50 of 1999 (RHA), the common law of lease and, when the landlord lets in the ordinary course of business, the Consumer Protection Act 68 of 2008 (CPA). Under the RHA in force today a lease need not be in writing, but the landlord must put it in writing if the tenant asks, and failing to do so is an offence (RHA s5(1), s5(2), s16). A written lease must give the names and South African addresses of both sides, a description of the home, the rent and any 'reasonable escalation', how often rent is paid, the deposit, the lease period or the notice period, both sides' obligations and every other charge payable on top of the rent. The list of defects from the joint inspection and any house rules must be attached (RHA s5(6) to (8)). Some terms are read into every lease and cannot be waived, including receipts, the deposit rules and the joint inspections (RHA s5(3) and (4)). Leases are not registered with any authority (Rental Housing Act 50 of 1999, as of 2026-10).

Leases are usually fixed-term, most often 12 months. Where the CPA applies, a fixed term may not run longer than 24 months from the date the tenant signs, unless a longer period is expressly agreed and the landlord can show a real financial benefit to the tenant (CPA s14; CPA Regulations 2011, reg 5(1)). The CPA does not apply when both landlord and tenant are companies or other juristic persons (CPA s14(1)), and whether a private owner letting a single home counts as a business is not settled, so check before relying on it. If a lease ends and the tenant stays on with the landlord's express or tacit consent, it becomes a periodic (month-to-month) lease on the same terms, which either side can end with one month's written notice (RHA s5(5)).

Pending since 2014: the Rental Housing Amendment Act 35 of 2014 (published 5 November 2014) would make every lease compulsory in writing, add a statutory list of tenant and landlord rights, require every municipality to run a Rental Housing Information Office and create an appeal against tribunal rulings. It comes into force only on a date the President proclaims, and the new duties only six months after that. As of 2026-10 we found no proclamation: the national Department of Human Settlements' own tribunal leaflet still describes it as awaiting promulgation, and the 2022 regulations to go with it were published only as a draft for comment (Government Gazette 46063, 18 March 2022). Leases and articles that call written leases 'mandatory' are describing this amendment, not the law in force.

There is no legal cap on the deposit: the landlord may ask for one before you move in, of whatever amount the lease states or you agree (RHA s5(3)(c)). If your original agreement had no deposit, the landlord cannot add one later without your agreement (Western Cape Government, tenant FAQ). In practice the deposit and the first month's rent are paid before you get the keys, and applicants without a South African credit record or with irregular income are sometimes asked for more; as there is no cap, this is a matter of negotiation. There is no state deposit scheme. Pay into a traceable account, never in cash to someone you have not verified, and get a receipt: the landlord must give a dated written receipt for every payment, stating the address and whether it is for rent, arrears or the deposit (RHA s5(3)(a) and (b)).

The landlord must keep the deposit in an interest-bearing account with a bank, at no less than the bank's savings rate, and pay the interest to you; you can ask during the lease for written proof of the interest earned (RHA s5(3)(d)). If a property practitioner (letting agent) holds it, it must go into the agent's trust account under the Property Practitioners Act 22 of 2019 (PPA s54), which can also invest it in a separate interest-bearing account; ask the agent in writing how your deposit is held and what interest it earns.

Landlord and tenant must inspect the home together before you move in and record defects, and arrange a second joint inspection within the three days before the lease ends (RHA s5(3)(e) and (f)). If nothing is owed, the deposit plus interest must be refunded within 7 days of the lease ending. If the landlord deducts unpaid amounts, the reasonable cost of repairing damage or replacing lost keys, the balance is due within 14 days of the home being handed back, and the receipts for those costs must be shown to you. If the landlord skips the joint inspection, the law treats the home as returned in good order and the full deposit plus interest must be refunded. If the tenant does not respond to the request to inspect, the landlord inspects alone within 7 days and refunds any balance within 21 days of the lease ending (RHA s5(3)(g) to (n)). Fair wear and tear cannot be charged. A withheld deposit is one of the most common complaints to the Rental Housing Tribunals, which have a form for it (Western Cape Rental Housing Tribunal, as of 2026-10).

South Africa has no rent control: the Rental Housing Act repealed the Rent Control Act 1976 in 1999, and the rent is whatever the landlord and tenant agree. Rent rises are set by the lease. The RHA requires the lease to state the rent and any 'reasonable escalation' (RHA s5(6)(c)), and leases usually include an annual escalation clause, a fixed percentage that applies when the lease runs into a new year or is renewed. The landlord cannot raise the rent during a fixed term unless the lease allows it, and if the lease is silent the increase has to be negotiated with you (Western Cape Government, tenant and landlord FAQs, as of 2026-10). There is no legal minimum notice for a rent increase beyond what the lease says, but where the CPA applies the landlord must tell you of any 'material changes', such as a new rent, 40 to 80 business days before a fixed term ends (CPA s14(2)(c)).

The only legal check on the amount is the Rental Housing Tribunal. It can rule to end 'exploitative rentals' and can set the rent payable, but it must do so in a way that is fair to both sides, taking account of supply and demand and a realistic return for the investor (RHA s13(4) and (5)). The Western Cape tribunal has a complaint form for an 'exorbitant increase in rental'. While a complaint is pending, for up to three months, you keep paying the rent as it was before the disputed increase and the landlord may not evict you (RHA s13(7)).

A fixed-term lease ends on its end date. Where the CPA applies, the landlord must write to you 40 to 80 business days before the end, telling you the expiry date, any changes if it continues and your options. If you do not expressly end it or sign a new fixed term, it continues automatically month to month (CPA s14(2)(c) and (d)). Where the CPA does not apply and you stay on with the landlord's consent, the RHA makes it a periodic lease ending on one month's written notice from either side (RHA s5(5)). In a periodic lease the notice period is what the lease says, and one calendar month is normal for a monthly lease.

Ending early: where the CPA applies, a tenant may cancel a fixed-term lease at any time on 20 business days' notice in writing, whatever the lease says. You still owe rent up to the date of cancellation, and the landlord may charge a 'reasonable cancellation penalty' (CPA s14(2)(b) and (3)). The regulations list what makes it reasonable, including how long the lease was meant to run, how much notice you gave and how quickly the landlord could reasonably find a new tenant, and the penalty must not be so high that it cancels out your right to leave (CPA Regulations 2011, reg 5(2) and (3)). The Western Cape government describes it as covering the reasonable cost of finding a replacement tenant, not as a punishment. Where the CPA does not apply, you can only leave early under a cancellation clause, with the landlord's agreement or if the landlord is in material breach. The landlord can only cancel on grounds in the lease that are not an unfair practice (RHA s4(5)(c)); under the CPA, for a material failure such as unpaid rent, it must give 20 business days' written notice to put it right (CPA s14(2)(b)(ii)).

Eviction needs a court order. The Constitution says no one may be evicted from their home without an order of court made after considering all the relevant circumstances, and the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE Act) makes it an offence to evict anyone without one (PIE s8). Once a lease has been validly cancelled, the landlord applies to court, usually the Magistrates' Court. The occupier must get written notice of the hearing at least 14 days beforehand, and the court grants an order only if it is just and equitable, considering the rights and needs of the elderly, children, disabled people and households headed by women and, if the occupier has been there more than six months, whether other land or accommodation is available (PIE s4). Only the sheriff carries out an eviction order. Changing the locks, removing your belongings, or cutting water or electricity to force you out is an unlawful eviction; the Rental Housing Tribunal can hear it and can issue a spoliation order putting you back in possession, as can a court (Department of Human Settlements, Rental Housing Tribunal leaflet). The tribunals cannot grant eviction orders (Western Cape Rental Housing Tribunal, as of 2026-10).

The law leaves most of the split to the lease. The landlord must hand over the home in a reasonable state and fix the defects recorded at the move-in inspection, and is responsible for maintenance; lack of maintenance is one of the unfair practices the tribunals rule on (RHA s5(3)(e), s13(4)). The common arrangement is that the landlord maintains the outside of the property and the tenant the inside, but the lease decides (Western Cape Government, tenant FAQ). At the end you must return the home in a good state of repair apart from fair wear and tear, and you are liable for damage caused by you, your household or your visitors (RHA s4(5)). You have a right to privacy: the landlord may inspect only in a reasonable way after reasonable notice, and may not search you, your home or your belongings, or seize your possessions without a court order (RHA s4(2) and (3)).

Charges tied to the property, such as municipal rates and taxes and any body corporate or estate levies, are normally the owner's; charges for what you use, such as water and electricity, are normally the tenant's (Western Cape Government, tenant FAQ). Many homes have a prepaid electricity meter, which you top up yourself. Where the municipal account is in the owner's name, the landlord passes on your share, and the lease should say how it is calculated. The landlord may not cut off or interfere with water, electricity or other services except in an emergency or for repairs after reasonable notice; 'failure to provide municipal services' and 'illegal disconnection of services' are listed unfair practices (Department of Human Settlements, Rental Housing Tribunal leaflet; Western Cape tribunal complaint forms). In a sectional-title complex you must follow the body corporate's conduct rules, and disputes about how the scheme is run go to the Community Schemes Ombud Service.

The letting agent's commission is paid by the landlord, usually a share of each month's rent. Tenants are commonly asked for an application or credit-check fee (on average about R250) and an initial lease fee (on average about R1,000, up to R2,000 in some areas), according to the State of the Rental Industry survey of the rent-payment firm PayProp, as reported by Property24 in January 2026. No law sets or bans these fees, but all fees must be disclosed before you sign (CPA) and the RHA requires every charge payable on top of the rent to be in the lease. Monthly 'admin fees' charged to tenants are contested: a rental-law specialist interviewed in December 2025 said no legislation allows them, while the industry treats them as lawful if they are in the lease (EWN; Property24). If you dispute a fee, you can pay under protest and complain to the Rental Housing Tribunal. Contents insurance is the tenant's own choice; the building insurance is the owner's.

South Africa has no system for registering your address with the authorities. To rent, you need identification: a South African ID for citizens and permanent residents, or a passport with a valid visa or permit for foreigners. The Immigration Act 13 of 2002 makes it an offence to help an 'illegal foreigner', or a foreigner acting outside the terms of their status, in any way, explicitly including providing accommodation and 'letting or selling or in any manner making available any immoveable property' to them, and not knowing is no defence if the landlord ought reasonably to have known (Immigration Act s42(1) and (2)). The Act creates an offence but does not write in a positive duty to check a tenant's papers; the 2004 and 2011 amendments did not change s42, but a consolidated current text of the Act could not be opened (as of 2026-10). Checking is how landlords avoid the offence, which is why landlords and agents ask for a copy of your visa or permit and may want to see it renewed during the lease.

Agents usually screen applicants with a credit-bureau check (with your consent), references from current and previous landlords, and an employer's letter or payslips and bank statements to show you can afford the rent; the Western Cape government advises landlords to do exactly these checks (Western Cape Government, landlord FAQ). Newcomers often have no South African credit record; a letter from your employer, references from landlords abroad, a larger deposit or a guarantor are the usual ways around that. A landlord may not unfairly discriminate against a prospective tenant on grounds including race, gender, sex, pregnancy, marital status, sexual orientation, ethnic or social origin, colour, age, disability, religion, belief, culture, language and birth (RHA s4(1)). The list is open-ended but does not name nationality, and a landlord can lawfully refuse someone who cannot show a valid immigration status.

For a bank account and other services you will need proof of address: a signed lease or a letter from the landlord is normally accepted, so ask for a copy of the signed lease when you move in. Anyone earning taxable income in South Africa registers with SARS for a tax reference number.

The Rental Housing Act in force does not set a rule on subletting. It treats anyone who is in lawful possession of a home and has the right to sub-lease it as a 'landlord' with all a landlord's duties (RHA s1), so a tenant who lets a room becomes landlord to the subtenant: deposit in an interest-bearing account, receipts, joint inspections and the ban on lock-outs all apply. Whether you may sublet therefore depends on your lease; many leases require the landlord's prior written consent, so read the clause before you advertise a room. Subletting against the lease is a breach that can lead to cancellation. Under the pending 2014 amendment, a tenant could not sublet without the landlord's consent, but the landlord could not unreasonably withhold it (Rental Housing Amendment Act 35 of 2014, new s4A(9), not in force as of 2026-10).

Room rentals and house shares are common in the big cities. If you rent a room from the main tenant rather than the owner, your agreement is with that tenant, and the owner owes you nothing directly. Ask to see the head lease, or the owner's written consent to the sublet, before paying a deposit. Letting your rented home or a room on a short-stay platform is subletting, and in a sectional-title complex it must also be allowed by the body corporate's rules.

To let legally: give a written lease if the tenant asks (in practice, always), with the information the RHA requires and the defects list and house rules attached; keep the deposit in an interest-bearing account and account for the interest; give written receipts for every payment; carry out the joint inspections at the start and end; refund the deposit within 7, 14 or 21 days as the case may be; never discriminate unfairly, enter without reasonable notice, change the locks, seize belongings or cut services; and end the tenancy only on grounds in the lease and, if the tenant does not leave, only through a court eviction order (Rental Housing Act 50 of 1999; PIE Act). Letting to someone without legal status is an offence, and not knowing is no defence if you ought reasonably to have known (Immigration Act s42); the Act sets no written duty to check papers, but checking a foreign tenant's visa or permit is how landlords avoid the offence. If you let as a business, follow the CPA's rules on fixed terms, renewal notices and early cancellation. There is no landlord licence or rental register. Owners who let their own property do not need to register, but anyone letting or managing property for others as a business is a property practitioner and needs a Fidelity Fund Certificate from the Property Practitioners Regulatory Authority (PPRA) (PPA s47 and s48, in force since 1 February 2022). An agent may not accept a mandate to let until the owner has completed and signed the mandatory disclosure form on the property's condition, which must be attached to the lease (PPA s67). On 8 September 2026 the High Court declared parts of the PPA invalid, including paragraph (b) of the definition of 'property practitioner' and the requirement of a BEE certificate for a Fidelity Fund Certificate; the order has no effect unless the Constitutional Court confirms it, and that confirmation is pending (as of 2026-10). The PPRA has nonetheless stopped requiring the BEE certificate (PPRA communique, 23 September 2026).

Rental profit is added to your other income and taxed at the normal rates. For the 2027 tax year (1 March 2026 to 28 February 2027) these run from 18% on taxable income up to R245,100 to 45% above R1,878,600 (SARS, as of 2026-10). Expenses incurred in producing the rent can be deducted: rates and taxes, bond interest, advertising, agents' fees, homeowner's insurance, garden services, security, levies and repairs to the area let. Improvements are capital and cannot be deducted, although they add to the base cost for capital gains tax. A deposit you must later refund is not income until you apply it. Losses can be set against other income only if they are not ring-fenced under the anti-avoidance rules. Residential letting is VAT-exempt, so VAT on costs cannot be claimed (SARS, Tax on rental income, as of 2026-10). Non-residents pay South African tax on rent from South African property (SARS, Tax and non-residents).

Short-term letting has no national law yet. On 13 March 2026 the Minister of Tourism published a draft Code of Good Practice for Short-Term Rentals under the Tourism Act 3 of 2014 for comment until 12 May 2026. The draft says itself that it is non-binding and an interim measure until the Tourism Act is amended (Government Gazette 54320). Short-term letting is otherwise governed by municipal zoning and by-laws and by sectional-title and estate rules, so the rules differ city by city; Cape Town's are on its city page. Income from short stays is taxable like any other rent.

Rental Housing Tribunals: every province has one, run by the provincial human settlements department, and the national minister said in May 2026 that all nine are now working (Department of Human Settlements, Budget Vote 2026/27). Any tenant, landlord, group of tenants or interest group can lodge a complaint about an 'unfair practice' at no cost and without a lawyer: unpaid or withheld deposits, lack of maintenance, lock-outs and unlawful evictions, cut services, unfair notices, exploitative rents, missing receipts, non-payment of rent. The tribunal investigates, tries mediation, and if that fails holds a hearing. It can order a party to comply, stop an unfair practice, set a fair rent and order costs, and its ruling counts as a Magistrates' Court order; ignoring it is an offence (RHA s13 and s16). While a complaint is open, for up to three months, the landlord may not evict, the tenant keeps paying the pre-dispute rent and the landlord must carry out necessary maintenance (RHA s13(7)). There is no appeal under the Act in force, only review by the High Court (RHA s17). The tribunals cannot grant eviction orders.

Western Cape Rental Housing Tribunal (Department of Infrastructure): complain online through the province's e-service, or email the main complaint form, the relevant annexure (for example F(a) for a deposit not refunded, F(h) for an unlawful eviction or lock-out) and a copy of your lease to rht.disputes@westerncape.gov.za, or hand it in at 27 Wale Street, Cape Town. General enquiries: rht.enquiries@westerncape.gov.za or the contact centre on 0860 106 166; dispute desk 021 483 5020. Registration takes up to 14 days and the investigation up to three months; the tribunal asks you to allow at least two weeks of pre-screening before you follow up. There is a satellite office in George (044 813 2850) (Western Cape Government, as of 2026-10).

Courts and other bodies: money claims up to R30,000 (raised from R20,000 on 1 August 2026) can go to the Small Claims Court at your local magistrate's office, without a lawyer, after a letter of demand giving 14 days to pay (Department of Justice, as of 2026-10). Larger claims and eviction applications go to the Magistrates' Court. Complaints that a business landlord or agent broke the CPA can go to the National Consumer Commission (012 065 1940, eservice.thencc.org.za) or, in the Western Cape, the Office of the Consumer Protector (0800 007 081). Complaints about an agent's conduct go to the PPRA (complaints call centre 087 285 3222; general line 087 742 0000), which can discipline and fine an agent and handles claims against the Fidelity Fund, but cannot order an agent to repay you or stop an eviction. Check an agent's registration with the PPRA's practitioner search before paying anything. Legal Aid South Africa gives free advice on 0800 110 110 and, subject to a means test, legal representation.