Rental Housing Act Explained: Landlord and Tenant Rights in 2026

The Rental Housing Act (Act 50 of 1999) is the cornerstone of residential tenancy law in South Africa. Whether you manage one rental property or twenty, understanding this legislation is non-negotiable — ignorance of the Act does not protect you from its consequences.

This guide breaks down the Rental Housing Act in plain language, covering what landlords must do, what tenants are entitled to, and how to keep your rental business on the right side of the law.

What Is the Rental Housing Act?

The Rental Housing Act was enacted in 1999 to define the rights and obligations of both landlords and tenants in South Africa. It has been amended several times — most significantly by the Rental Housing Amendment Act of 2007 and further amendments in 2014 — to strengthen tenant protections and clarify landlord duties.

The Act applies to all residential rental agreements in South Africa, regardless of whether the lease is written or verbal, and regardless of the rental amount.

Key Principles of the Act

Tenants have the right to a habitable dwelling in a good state of repair
Landlords have the right to receive rent as agreed and to have their property maintained
Neither party may exploit or abuse the other
Disputes are resolved through Rental Housing Tribunals rather than courts (in the first instance)

Landlord Obligations Under the Rental Housing Act

1. Provide a Written Lease

While oral agreements are technically valid, the Act strongly favours written leases. A written lease must include:

Full names and addresses of both parties
Description of the property being rented
The amount of rent and when it is due
The deposit amount and where it will be held
The duration of the lease (fixed-term or periodic)
Conditions for termination and notice periods
A list of the property’s contents and condition (inventory)

If you’re renting without a written lease, you’re exposing yourself to disputes where it’s your word against the tenant’s. Indlu’s lease generation feature produces Rental Housing Act-compliant agreements in minutes.

2. Handle Deposits Correctly

The Act requires landlords to:

Place the deposit in an interest-bearing account
Pay the tenant interest at the rate applicable to that account
Return the deposit (plus interest, minus lawful deductions) within 14 days of lease termination if a joint inspection was conducted, or 21 days if not

For a detailed breakdown, see our complete guide to rental deposit rules.

3. Maintain the Property

Landlords must ensure the property is habitable and in a reasonable state of repair throughout the tenancy. This includes:

Structural integrity (roof, walls, floors, foundations)
Working plumbing and electrical systems
Functional doors, windows, and locks
Compliance with local health and safety standards

Tenants are responsible for damage they cause, but the landlord bears the cost of general maintenance and wear-related repairs.

4. Give Proper Notice Before Entry

A landlord may not enter a rented property without the tenant’s consent except in an emergency. The Act requires reasonable notice — generally interpreted as at least 24 hours — for inspections, repairs, or showings.

5. Not Discriminate

The Act prohibits discrimination against tenants on the basis of race, gender, sex, pregnancy, marital status, sexual orientation, ethnic origin, colour, age, disability, religion, conscience, belief, culture, language, or birth.

6. Not Include Unfair Clauses

The following types of clauses are considered unfair and may be declared void by a Tribunal:

Clauses that allow the landlord to seize a tenant’s belongings for unpaid rent
Automatic rent escalation clauses without a specified cap or percentage
Clauses waiving the tenant’s right to approach the Rental Housing Tribunal
Penalty clauses that are disproportionate to the breach

Tenant Rights Under the Rental Housing Act

Right to a Habitable Dwelling

Tenants are entitled to a property that is structurally sound, weatherproof, and has functioning basic services (water, electricity, sanitation). If the property becomes uninhabitable due to the landlord’s failure to maintain it, the tenant may have grounds to terminate the lease or claim reduced rent.

Right to Privacy

The tenant’s right to privacy in their rented home is protected. Landlords cannot enter the property unannounced, install surveillance in private areas, or harass tenants with excessive inspections.

Right to Fair Treatment

Tenants cannot be victimised for exercising their legal rights — for example, a landlord cannot evict a tenant in retaliation for lodging a Tribunal complaint.

Right to Receipts

Tenants are entitled to written receipts for all payments made, including rent, deposit, and any other charges.

Right to Access the Rental Housing Tribunal

Any tenant (or landlord) may lodge a complaint with their provincial Rental Housing Tribunal free of charge. The Tribunal has the power to mediate disputes and issue binding rulings.

The Rental Housing Tribunal: How It Works

Each province has a Rental Housing Tribunal (or is in the process of establishing one). The Tribunal is a free, accessible alternative to going to court.

How to File a Complaint

Identify your provincial Tribunal — contact details are available from your provincial Department of Human Settlements
Submit a written complaint — most Tribunals accept complaints in person, by post, or by email
Describe the dispute — include the rental address, names of parties, nature of the complaint, and any supporting documents
Attend the hearing — the Tribunal will schedule a hearing and notify both parties
Receive the ruling — Tribunal rulings are binding and enforceable through the Magistrate’s Court

Common Tribunal Complaints

Deposit not returned within the prescribed period
Landlord failing to maintain the property
Unfair rental increases
Illegal eviction or lockouts
Landlord entering the property without notice
Tenant causing damage and refusing to pay

Provincial Tribunal Contact Information

Western Cape: 021 483 3984
Gauteng: 011 355 4000
KwaZulu-Natal: 033 264 2517
Eastern Cape: 043 711 9646
Free State: 051 405 5222

Contact your provincial Department of Human Settlements for the most current details.

Prohibited Landlord Behaviour

The following actions are illegal under the Rental Housing Act and related legislation:

Self-help eviction — changing locks, cutting utilities, or removing a tenant’s belongings without a court order violates the Prevention of Illegal Eviction (PIE) Act
Withholding receipts — refusing to provide proof of payment
Discriminatory tenant selection — rejecting applicants on prohibited grounds
Retaliatory action — increasing rent, reducing services, or issuing notice because a tenant exercised their rights
Seizing belongings — taking a tenant’s property as security for unpaid rent (the landlord’s hypothec has been significantly limited by the Act)

How to Stay Compliant as a Landlord

Compliance with the Rental Housing Act is not complicated — it simply requires systems and consistency:

Use a written lease that covers all required terms
Deposit money into an interest-bearing account on day one
Conduct move-in and move-out inspections with photo documentation
Keep records of all payments, communications, and maintenance requests
Give proper notice before entering the property
Respond to maintenance requests promptly and in writing

How Indlu’s Compliance Dashboard Helps

Indlu is designed around the Rental Housing Act. The compliance dashboard:

Flags missing lease clauses before you sign
Tracks deposit accounts and interest calculations automatically
Sends reminders for inspection schedules and notice periods
Logs all landlord-tenant communications for dispute protection
Generates compliant documents (leases, inspection reports, deposit statements)

You focus on your property — Indlu handles the compliance.

Frequently Asked Questions

Does the Rental Housing Act apply to commercial leases? No. The Act only applies to residential dwellings. Commercial leases are governed by the common law of contract.

Can a landlord increase rent at any time? No. Rent can only be increased as specified in the lease agreement — typically once per year on the anniversary of the lease. The increase amount or percentage should be stated in the lease. Excessive increases can be challenged at the Tribunal.

Is a verbal lease enforceable? Yes, but it is difficult to prove the terms of a verbal agreement. The Act strongly recommends written leases, and any dispute over a verbal agreement will come down to the balance of evidence.

Can a tenant withhold rent if the landlord won’t fix something? Not unilaterally. The tenant should first request repairs in writing, then escalate to the Rental Housing Tribunal if the landlord fails to act. Withholding rent without Tribunal authorisation can be treated as a breach of the lease.

What notice period is required to end a lease? For periodic (month-to-month) leases, the common-law default is one calendar month’s notice, given on the first of the month. Fixed-term leases end on the agreed date unless renewed. The Consumer Protection Act (CPA) allows tenants to cancel fixed-term leases with 20 business days’ notice, subject to a reasonable cancellation penalty.

Stay on the right side of the Rental Housing Act — Indlu’s compliance tools are built for SA landlords. Start free today.