A deposit is there to cover any money your tenant may still owe you, and/or the cost of repairs to any damage to the property, exceeding fair wear and tear, that your tenant may have caused.

If you retain your tenant’s deposit and you are unable to furnish you with proof of the costs you have incurred, your tenant could lodge a complaint with the Rental Housing Tribunal and he may be able to reclaim his full deposit.

To prevent this, be sure to follow these steps:

• When (before) your tenant moves in, inspect the property together and list, in writing, any existing defects. Both of you should sign this document and it must be attached to the lease agreement.
• When (before) your tenant moves out, inspect the property together again. Compare the new list of defects with the list made earlier.
• You must give your tenant a chance to repair the damage yourself, or you can agree that you will do it. If you do the repairs, confirm this in writing, and keep all receipts for repairs paid for out of the deposit.

If the repairs cost less than the deposit plus the interest accrued, you will have to reimburse your tenant the difference.

It depends on the cancellation clause in your agreement. If there is no such clause, the only way you can end your lease early without being in breach of contract is if your tenant agrees to it or if your tenant is in material breach of the lease (for example, by failing to pay the rent, as agreed in the contract). But you will have to prove this, though.

If your tenant has met all the conditions of the lease, you can still end the lease early but will put yourself in breach of contract. This means your tenant can demand the balance due by you for the rest of the lease period.

Speak to your tenant before making a move: many are willing to terminate a lease after a suitable notice period on condition that you find a suitable replacement premises. If your tenant agrees to terminate a contract prematurely, be sure to get it in writing, outlining the terms and conditions of the termination.

This is specific to the renewal terms of your agreement. If your agreement doesn’t specify a reasonable escalation, your tenant has to negotiate an acceptable rent with you.

No, the lease or verbal agreement determines when, and by how much, your rent can be increased. If the agreement does not specify an amount or date for an increase, you have to negotiate the increase with your tenant. Neither you nor your tenant can make changes to your original agreement without checking with the other party first.

No. You have a right to enter the property to perform routine inspections and so on, but only after letting your tenant know well in advance to arrange a time that suits him. Your tenant does not have the right to deny you reasonable access.

The tenant and the landlord must jointly inspect the property when the tenant vacates. If there are no damages the deposit should be refunded within 7 days of expiry of the lease. Should the landlord need to repair damages to the property, the deposit must be refunded not later than 14 days after restoration.

A landlord must invest the tenant’s deposit in an interest bearing account with a financial institution, where the rate if interest may not be less than a savings account. If the deposit is held by an estate agent, 50% of the interest earned on their trust account is paid to the Estate Agent Affairs Board.

The landlord / rental agent can charge a penalty fee for late payment of rent, provided the lease agreement makes provision for when the penalty may be charged, and the amount of the penalty. Gauteng Rental Housing Regulations prohibit the charging of penalties in Gauteng.

No, the tenant’s obligation is to pay the full rent on due date. If there are defects to the property that prevents it from being occupied for the purposes which it was let, the tenant’s remedy is to demand repairs in writing, failing which he or she should cancel the lease.

The tenant has an obligation to pay rent in the proper amount, at the proper place and time; to take care of the property and to leave it in the same good condition it was received (wear and tear excluded).