Renting a home should feel secure and fair, but many tenants in South Africa don’t fully understand their legal rights. As a result, they often face issues that could have been avoided with the right knowledge. Whether you’re moving into your first flat or renewing your lease, knowing your rights as a tenant is essential.

Let’s unpack the most important tenant rights in South Africa and how Preferental helps protect them through smart, transparent systems.

 

Understanding tenant rights in South Africa

South African law protects tenants through the Rental Housing Act, the Consumer Protection Act, and case law that ensures fair treatment in the landlord-tenant relationship. These laws outline what landlords can and can’t do and what tenants are entitled to throughout their lease.

 

1. The right to a written lease agreement

While a verbal lease is legal, a written one offers clarity and protection. Tenants have the right to request a written lease at any time during the rental period.

What to look for:

Your lease should clearly outline rent amounts, deposit terms, maintenance responsibilities, notice periods, and other important terms. With Preferental’s services, tenants can access clear, legally compliant digital leases.

 

2. The right to a safe and habitable property

Tenants have the right to live in a property that is structurally sound, safe, and in a liveable condition.

What this means:

Your landlord must maintain the roof, plumbing, electricity, and any fixtures provided in the lease. If something breaks due to wear and tear, the landlord must fix it. You also have the right to report faults without fear of eviction or retaliation.

 

3. The right to privacy and peaceful enjoyment

Your landlord may not enter the property without giving reasonable notice — usually 24 to 48 hours.

Know your boundaries:

You have the right to enjoy your home without unnecessary disturbances. Preferental’s platform encourages respectful, documented communication between landlords and tenants.

 

4. The right to a fair deposit process

Landlords may request a deposit, but it must be handled fairly. You have the right to:

  • Receive a receipt for the deposit 
  • Have the deposit kept in an interest-bearing account 
  • Be present for incoming and outgoing inspections 

Get your deposit back:

After moving out, landlords must return your deposit within 14 days (if no damages are found). Preferental helps manage this process transparently, ensuring both parties are protected.

 

5. The right to proper notice

Your landlord can’t evict you without a valid reason or skip proper legal steps. Likewise, if they want to terminate your lease, they must provide at least 20 business days’ written notice, as per the Consumer Protection Act.

What to do if you’re unfairly treated:

Always keep records of all communication. If needed, you can contact the Rental Housing Tribunal, a free government service that resolves disputes between landlords and tenants. Visit the Tribunal’s site for more information.

 

Preferental supports fair tenant rights in South Africa

Preferental believes in equal transparency and support for both landlords and tenants. As a tenant using our platform, you benefit from:

  • Access to digital leases and documentation 
  • Easy communication with landlords 
  • A secure and fair deposit process 
  • Rent payment tracking and reminders 

When your landlord uses Preferental, you know they’re held to a higher standard of professionalism and compliance.