Landlords vs Tenants Round 2

Below are 10 hypothetical scenarios involving landlords, and (bad) tenants, and the relevant sections in the Rental Housing Act that may be applicable. No other Acts like the PIE Act were used for these scenarios.

1.     A landlord, Smith, gives his tenant, Moira, reasonable written notice that he must enter and inspect the property for possible maintenance after a storm. Moira says the roof is not leaking and she refuses to let Smith enter. She says she’s paying rent, and Smith has no right whatsoever to enter the property for any reason if she did not ask him to do maintenance.

 

4. General provisions

(2) “A tenant has the right, during the lease period, to privacy, and the landlord may only exercise his or her right of inspection in a reasonable manner after reasonable notice to the tenant.”

4. General provisions

(3) “The tenant’s rights as against the landlord include his or her right not to have—

(a) his or her person or home searched;

(b) his or her property searched;

(c) his or her possessions seized, except in terms of a law of general application and having first obtained a ruling by a Tribunal or an order of court; or

(d) the privacy of his or her communications infringed.”

4. General provisions
   (4) “The rights set out in subsection (3) apply equally to members of the tenant’s household and to visitors of the tenant.”

 

2.     Sarah does not like the wooden floor in the living room of the rental unit. She buys an assortment of colourful rugs and glues them to the wooden floor. When her landlord objects, Sarah claims she did nothing wrong and in fact improved the value of the property by covering the old and out of fashion wooden floor.

 

4. General provisions

(5) “The landlord’s rights against the tenant include his or her right to—

…

(d) on termination of a lease to—

(i) receive the rental housing property in a good state of repair, save for fair wear and tear; and

(ii) repossess rental housing property having first obtained an order of court; and

(e) claim compensation for damage to the rental housing property or any other improvements on the land on which the dwelling is situated, if any, caused by the tenant, a member of the tenant’s household or a visitor of the tenant.”

 

3.     Benjamin’s lease is expiring on the 31st of the month. The landlord requests to have a joint inspection on the 29th to check for damages. Benjamin ignores the request and secretly moves out on the 28th and drops the keys in the mailbox without participating in an outgoing inspection.

 

5. Provisions pertaining to leases

(3) “A lease will be deemed to include terms, enforceable in a competent court, to the effect that—

…

(f) at the expiration of the lease the landlord and tenant must arrange a joint inspection of the dwelling at a mutually convenient time to take place within a period of three days prior to such expiration with a view to ascertaining if there was any damage caused to the dwelling during the tenant’s occupation thereof;

(g) on the expiration of the lease, the landlord may apply such deposit and interest towards the payment of all amounts for which the tenant is liable under the said lease, including the reasonable cost of repairing damage to the dwelling during the lease period and the cost of replacing lost keys and the balance of the deposit and interest, if any, must then be refunded to the tenant by the landlord not later than 14 days of restoration of the dwelling to the landlord;

(h) the relevant receipts which indicate the costs which the landlord incurred, as contemplated in paragraph (g), must be available to the tenant for inspection as proof of such costs incurred by the landlord;

(i) should no amounts be due and owing to the landlord in terms of the lease, the deposit, together with the accrued interest in respect thereof, must be refunded by the landlord to the tenant, without any deduction or set-off, within seven days of expiration of the lease;

(j) failure by the landlord to inspect the dwelling in the presence of the tenant as contemplated in paragraphs (e) or (f) is deemed to be an acknowledgement by the landlord that the dwelling is in a good and proper state of repair, and the landlord will have no further claim against the tenant who must then be refunded, in terms of this subsection, the full deposit plus interest by the landlord;

(k) should the tenant fail to respond to the landlords request for an inspection as contemplated in paragraph (f), the landlord must, on expiration of the lease, inspect the dwelling within seven days from such expiration in order to assess any damages or loss which occurred during the tenancy;

(l) the landlord may in the circumstances contemplated in paragraph (k), without detracting from any other right or remedy of the landlord, deduct from the tenant’s deposit and interest the reasonable cost of repairing damage to the dwelling and the cost of replacing lost keys;

(m) the balance of the deposit and interest, if any, after deduction of the amounts contemplated in paragraph (1), must be refunded to the tenant by the landlord not later than 21 days after expiration of the lease;

(n) the relevant receipts which indicate the costs which the landlord incurred as contemplated in paragraph (1), must be available to the tenant for inspection as proof of such costs incurred by the landlord;

(o) should the tenant vacate the dwelling before expiration of the lease, without notice to the landlord, the lease is deemed to have expired on the date that the landlord established that the tenant had vacated the dwelling but in such event the landlord retains all his or her rights arising from the tenant’s breach of the lease; and

…”

 

4.     The gate motor at a rented house breaks. Gertrude is unhappy that she has to manually open and close the gate. She decides to withhold rent for a month until the gate motor is fixed while she continues living there.

 

4. General provisions

(5) “The landlord’s rights against the tenant include his or her right to—

(a) prompt and regular payment of a rental or any charges that may be payable in terms of a lease;

(b) recover unpaid rental or any other amount that is due and payable after obtaining a ruling by the Tribunal or an order of a court of law;

…”

 

13. Complaints

(7) “As from the date of any complaint having been lodged-with the Tribunal, until the Tribunal has made a ruling on the matter or a period of three months has elapsed, whichever is the earlier—

(a) the landlord may not evict any tenant, subject to paragraph (b);

(b) the tenant must continue to pay the rental payable in respect of that dwelling as applicable prior to the complaint or, if there has been an escalation prior to such complaint, the amount payable immediately prior to such escalation; and

(c) the landlord must effect necessary maintenance.”

 

5.     The lease agreement between a landlord and her tenant, Mark, expires on 31 January 2026. Mark has not signed a new lease but continues living on the property. When the landlord gives him one month notice to vacate in March, Mark refuses. He claims he now has the right to live on the property indefinitely because the lease expired and he has that perpetual right as a tenant.

 

5. Provisions pertaining to leases

(5) “If on the expiration of the lease the tenant remains in the dwelling with the express or tacit consent of the landlord, the parties are deemed, in the absence of a further written lease, to have entered into a periodic lease, on the same terms and conditions as the expired lease, except that at least one month’s written notice must be given of the intention by either party to terminate the lease.”

 

4. General provisions

(5) “The landlord’s rights against the tenant include his or her right to—

…

(c) terminate the lease in respect of rental housing property on grounds that do not constitute an unfair practice and are specified in the lease;

(d) on termination of a lease to—

…

(ii) repossess rental housing property having first obtained an order of court; and

…”

 

6.     Lila signs a 12-month lease. After three months she found a better place and packs and leaves during the weekend without giving any notice to the landlord. She leaves the cottage unlocked with the keys on the kitchen counter.

 

5. Provisions pertaining to leases

(3) “A lease will be deemed to include terms, enforceable in a competent court, to the effect that—

…

(o) should the tenant vacate the dwelling before expiration of the lease, without notice to the landlord, the lease is deemed to have expired on the date that the landlord established that the tenant had vacated the dwelling but in such event the landlord retains all his or her rights arising from the tenant’s breach of the lease; and

…”

 

4. General provisions

(5) “The landlord’s rights against the tenant include his or her right to—

…

(a) prompt and regular payment of a rental or any charges that may be payable in terms of a lease;

(b) recover unpaid rental or any other amount that is due and payable after obtaining a ruling by the Tribunal or an order of a court of law;

…

(e) claim compensation for damage to the rental housing property or any other improvements on the land on which the dwelling is situated, if any, caused by the tenant, a member of the tenant’s household or a visitor of the tenant.”

 

5. Provisions pertaining to leases

(3) “A lease will be deemed to include terms, enforceable in a competent court, to the effect that—

…

(g) on the expiration of the lease, the landlord may apply such deposit and interest towards the payment of all amounts for which the tenant is liable under the said lease, including the reasonable cost of repairing damage to the dwelling during the lease period and the cost of replacing lost keys and the balance of the deposit and interest, if any, must then be refunded to the tenant by the landlord not later than 14 days of restoration of the dwelling to the landlord;

…”

 

7.     An inspector from the Rental Housing Tribunal visits a building to investigate complaints. The inspector identifies himself and provides proof of his identification to a tenant, Jones. The inspector asks Jones for his name and a few questions. Jones refuses to give his name or answer any questions without sufficient cause.

 

11. Staff

(2) “The staff contemplated in subsection (1) may include inspectors, technical advisers, mediators and administrative support staff.”

 

11. Staff

(3) “Any person appointed in terms of subsection (1) must be provided with a certificate of appointment signed by or on behalf of the head of department.”

 

13. Complaints

(2) “Once a complaint has been lodged with the Tribunal, the Tribunal must, if it appears that there is a dispute in respect of a matter which may constitute an unfair practice—

…

(b) through its staff conduct such preliminary investigations as may be necessary to determine whether the complaint relates to a dispute in respect of a matter which may constitute an unfair practice;

…”

 

13. Complaints

(3) “For purposes of a hearing contemplated in paragraph (d) of subsection (2), the Tribunal may—

…

(b) require any inspector to appear before the Tribunal to give evidence, to provide information, or to produce any report or other document concerning inspections conducted which may have a bearing on any complaint received by the Tribunal;

…

(d) summon any tenant or landlord or any other person who, in the Tribunal’s opinion may be able to give evidence relevant to a complaint, to appear before the Tribunal;

(e) summon arty person who may reasonably be able to give information of material importance concerning a complaint or who has in such persons possession or custody or under such person’s control any book, document or object to attend its proceedings and to produce any book, document, or object in his or her possession or custody or under his or her control, to give evidence or to provide information under his or her control;

(f) call upon and administer an oath to, or accept an affirmation from, any person present at the meeting in terms of paragraph (a), (b) or (c), or who has been summoned in terms of paragraph (d) or (e).”

 

16. Offences and penalties

“Any person who—

…

(b) has been duly summonsed under section 13 and who fails, without sufficient cause—

(i) to attend at the time and place specified in the summons; or

(ii) to remain in attendance until excused by the Tribunal from further attendance;

…

(d) fails, without sufficient cause—

(i) to answer fully and satisfactorily any question lawfully put to any such person in terms of section section 13(3);

(ii) to produce any book, document or object in any such person’s possession or custody or under any such person’s control which any such person was required to produce in terms of section 13(3)(e);

…

will be guilty of an offence and liable on conviction to a fine or imprisonment not exceeding two years or to both such fine and such imprisonment.”

 

8.     Alice rents a small one-bedroom apartment, and the lease agreement states it is for two persons only. Alice moves her three cousins in with her. The small apartment is now over-crowded and violating the terms in the lease. The landlord issues a warning, but Alice ignores it.

 

13. Complaints

(4) “Where a Tribunal, at the conclusion of a hearing in terms of paragraph (d) of subsection (2) is of the view that an unfair practice exists, it may—

…

(c) make any other ruling that is just and fair to terminate any unfair practice, including, without detracting from the generality of the aforegoing, a ruling to discontinue—

(i) overcrowding;

(ii) unacceptable living conditions;

…”

 

15. Regulations

(1) “The Minister must, after consultation with the standing or portfolio on housing and every MEC, by notice in the Gazette, make regulations relating to—

…

(f) unfair practices, which, amongst other things may relate to—

…

(xiii) overcrowding and health matters;

…”

 

5. Provisions pertaining to leases

(6) “A lease contemplated in subsection (2) must include the following information:

…

(g) obligations of the tenant and the landlord, which must not detract from the provisions of subsection (3) or the regulations relating to unfair practice;

…”

 

9.     Peter, a tenant, claims his deposit must earn interest and he demands the interest on the deposit in cash each month as it is his money.

 

5. Provisions pertaining to leases

(3) “A lease will be deemed to include terms, enforceable in a competent court, to the effect that—

…

(c) the landlord may require a tenant, before moving into the dwelling, to pay a deposit which, at the time, may not exceed an amount equivalent to an amount specified in the agreement or otherwise agreed to between the parties;

(d) the deposit contemplated in paragraph (c) must be invested by the landlord in an interest-bearing account with a financial institution and the landlord must subject to paragraph (g) pay the tenant such interest at the rate applicable to such account which may not be less than the rate applicable to a savings account with that financial institution, and the tenant may during the period of the lease request the landlord to provide him or her with written proof in respect of interest accrued on such deposit, and the landlord must provide such proof on request: Provided that where the landlord is a registered estate agent as provided for in the Estate Agency Affairs Act, 1976 (Act No. 112 of 1976), the deposit and any interest thereon shall be dealt with in accordance with the provisions of that Act;

…

(g) on the expiration of the lease, the landlord may apply such deposit and interest towards the payment of all amounts for which the tenant is liable under the said lease, including the reasonable cost of repairing damage to the dwelling during the lease period and the cost of replacing lost keys and the balance of the deposit and interest, if any, must then be refunded to the tenant by the landlord not later than 14 days of restoration of the dwelling to the landlord;

…

(i) should no amounts be due and owing to the landlord in terms of the lease, the deposit, together with the accrued interest in respect thereof, must be refunded by the landlord to the tenant, without any deduction or set-off, within seven days of expiration of the lease;

…”

 

10. Mike, the tenant, has a party and during the night, one of his guests breaks a large window. Mike refuses to pay for the repairs, because he says he did not break anything and the landlord must claim from the guest and stop harassing him for something he did not do.

 

4. General provisions

(5) “The landlord’s rights against the tenant include his or her right to—

…

(e) claim compensation for damage to the rental housing property or any other improvements on the land on which the dwelling is situated, if any, caused by the tenant, a member of the tenant’s household or a visitor of the tenant.”

 

5. Provisions pertaining to leases

(3) “A lease will be deemed to include terms, enforceable in a competent court, to the effect that—

…

(g) on the expiration of the lease, the landlord may apply such deposit and interest towards the payment of all amounts for which the tenant is liable under the said lease, including the reasonable cost of repairing damage to the dwelling during the lease period and the cost of replacing lost keys and the balance of the deposit and interest, if any, must then be refunded to the tenant by the landlord not later than 14 days of restoration of the dwelling to the landlord;

(h) the relevant receipts which indicate the costs which the landlord incurred, as contemplated in paragraph (g), must be available to the tenant for inspection as proof of such costs incurred by the landlord;

…”