Real Estate Investor Magazine South Africa August 2015 | Page 82

Just Legal

Solving Common

Landlord and
Tenant Disputes

Tips on Problem solving between both parties
General Tips
• Make sure you both have a clear understanding of
the dispute before you meet
• Avoid personal attacks as they derail the discussion
and can weaken your arguments.
• Emphasize problem solving over accusations.
• If you reach an understanding with your landlord,
promptly write it down and sign it. A record of the
agreement may come in handy later.

loudly or any social gathering. If the noise is excessive
then other tenant in the area may lodge a complaint
with the landlord.
Should the complaints continue, the landlord has
the right to issue the tenant with a formal warning, and
depending on the rules of the body corporate, a fine as
well. If the noise complaints continue the lease may be
cancelled, but this is usually up to the individual landlord
or owner.

Common Disputes

Late payments
Late monthly payments is a common occurrence, but
one which can be a significant issue for many landlords.
If penalty charges are implemented (such as cutting off
phone lines/electricity) then they need to be set out
in the lease agreement before the tenant moves in.
The landlord may also offer grace periods, but this too
should be negotiated in the lease beforehand.

Damage or neglect to property
The tenant’s responsibility is to report any and all
property damage to the landlord as soon as it occurs.
The landlords responsibility is to conduct regular
inspections of the property to ensure that all damage
has been reported.
The landlord is usually required to address any repairs
that need to be made, provided that these repairs are
outlined in the lease agreement. While the tenants have
the responsibility to meet the terms and conditions of
the property which includes the maintenance.
Noise complaints
Noise from a tenant can be the result of home
maintenance, moving furniture around, playing music
12

Issue 8 2015

Pest Infestation
Generally it is the landlord’s responsibility to monitor
and deal with any and all pest infestations (such as
insects/rats/fleas). The tenant’s responsibility lies in
communication the problems with the landlord, and
ensuring that the problem does not originate from their
own property (from general lack of hygiene)

Just Property Magazine