Real Estate Investor Magazine South Africa July 2015 | 页面 39

NEALE PETERSEN’S

in place. Check that the keys you have been given work
on each of the doors you need them to. Go outside and
inspect the clothing line and parking area and ensure
the property is habitable.
Should anything not be to the expectations of
the tenant, the tenant together with the landlord,
must make a list of all the damages for the landlord
to address prior to the tenant moving in. This list of
damages must be added to the lease agreement as
an annexure, if these damages are not to be repaired
prior to occupation by the tenant. This will safeguard a
tenant who has a dishonest landlord.

“Once a lease has been drawn
up and signed, a deposit must
be paid.”
This inspection process must also be conducted at the
point of termination of the lease, when the tenant moves
out. If a landlord is unavailable for this exit inspection,
the landlord is deemed to have acknowledged that no
repairs are required and consequently must refund the
full deposit to the tenant.
If the tenant is unavailable for the joint exit
inspection, the landlord may still inspect the property
on his/her own, and take the steps necessary to repair
any damage made by the tenant, at the cost of the
tenant. There are specific timelines set out for the joint
inspection and subsequent refunding of the deposit to
the tenant in these circumstances.
The final obligation requires the landlord to give the
tenant certain receipts, from building contractors, to
prove that repairs have been done. This is particularly
important where the deposit has been used to offset
amounts paid by the landlord for repairs to damages
caused by the tenant. Monthly rentals must also be
acknowledged by the landlord, in writing, as a form of
receipt.
Landlords must therefore familiarise themselves
with the provisions of the RHA and the regulations
relating to fair practices, to ensure compliance with the
law. Tenants must ensure they have taken the time to
know their rights so as to avoid challenges during the
duration of their stay and especially on termination of
the lease.

RESOURCES
Tshisevhe Gwina Ratshimbilani (TGR) Attorneys
www.reimag.co.za

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JULY 2015 SA Real Estate Investor

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