INVESTING
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The precise division of responsibilities between a landlord and their tenant – particularly around maintenance – does vary slightly from lease to lease , depending on negotiated conditions ,” Savage says . “ That said , you usually can ’ t negotiate away your legal rights and obligations , making it just as important to familiarise yourself with the requirements of the Rental Housing Act as it is to read and understand the requirements of your lease agreement .”
Tenant responsibilities According to Savage , the Rental Housing Act places three main responsibilities on tenants ’ shoulders :
• Pay a deposit ( if requested by the landlord ) of an amount to be agreed upon in the lease .
• Pay rent , and any other costs listed in the lease agreement ( e . g . electricity , water , domestic services etc .), on time and in full . There is no legislated “ grace period ”.
• Participate in an incoming and outgoing inspection with the landlord ( or their appointed representative ).
“ The inspection requirements are particularly important to understand ,” says Savage . “ If a tenant fails to attend an inspection , they cannot contest the results , which means they could be held liable for damages that were not of their doing . Likewise , if the landlord fails to perform an inspection , they cannot hold the tenant liable for any damages they find down the line .”
When it comes to tenant ’ s maintenance responsibilities , Savage says legislation is minimal . Most lease agreements will contain similar “ common law ” requirements , however . These include the expectation that tenants will return the property in the same condition they received
59 SEPT / OCT 2023 SA Real Estate Investor Magazine