Rental Housing Act (Act 50 of 1999)
Prohibition on unfair discrimination by landlords
The Act makes it unlawful for a landlord to unfairly discriminate against a prospective tenant (or an existing tenant), including members of the tenant’s household or visitors. This applies in advertising, during lease negotiations, and throughout the lease.
“In advertising a dwelling for purposes of leasing it, or in negotiating a lease with a prospective tenant, or during the term of a lease, a landlord may not unfairly discriminate … on one or more grounds, including race, gender, sex, pregnancy, marital status, sexual orientation, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, language and birth.”
— Section 4(1)
Rental Housing Act (Act 50 of 1999)
Right to privacy in your rented home
The Act protects tenants’ privacy during the lease. A landlord may inspect only in a reasonable manner and only after reasonable notice. The Act also protects tenants (and their household members and visitors) against unlawful searching, seizure of possessions, and interference with communications privacy.
“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.”
— Section 4(2)
“The tenant’s rights … include … [the right not to have] his or her person or home searched; … his or her property searched; … his or her possessions seized …; or the privacy of his or her communications infringed.”
— Section 4(3)
Disclaimer: Images are for illustrative purposes only. The information provided in this blog post is for general informational and educational purposes only and does not constitute legal, financial, or professional advice. While every effort has been made to ensure the accuracy of the content, laws and regulations in South Africa are subject to change and interpretation.
The author accepts no liability for any loss or damage that may arise from reliance on information contained in this blog. This post is not a substitute for professional legal counsel.
While the author(s) holds a Bachelor of Laws (LLB) degree, they are not a practising attorney or advocate. Reading this blog does not create a lawyer-client relationship. The law changes frequently, and information here may not reflect the most current legal developments. You should always consult with a qualified legal practitioner for advice specific to your situation.
