Tenants in South Africa have certain rights that are protected by the country’s laws. Tenants’ rights are primarily set out in the Rental Housing Act 50 of 1999, which establishes the obligations of both landlords and tenants and provides mechanisms for resolving disputes through the provincial Rental Housing Tribunals. A reform statute, the Rental Housing Amendment Act 35 of 2014, has been signed by the President but has not yet been brought into force by proclamation. Until it commences, the Rental Housing Act 50 of 1999 in its original form remains the governing law, and the obligations under the Amendment Act are not yet binding. You can read the current Act on the South African Government website.
The Right to a Safe and Habitable Property
Tenants in South Africa have the right to live in a property that is safe and in good condition. The landlord is responsible for ensuring the property is free from any hazards or defects that could affect the tenant’s health or safety. This includes proper electrical wiring and plumbing, a structurally sound roof, and compliance with local building and health regulations.
The Right to Privacy
Tenants have the right to privacy. Landlords are not allowed to enter the property without the tenant’s permission, unless it is in an emergency situation. Even in the case of an emergency, the landlord must still give the tenant reasonable notice before entering the property.
The Right to Challenge Unreasonable Rent Increases
Tenants have the right to challenge any rent increases that they consider unreasonable. If a tenant believes that the rent increase is not justified, they can ask the landlord to provide proof of the increase in operating costs or improvements to the property that justify the increase. If the landlord cannot provide this proof, the tenant can file a complaint with the Rental Housing Tribunal in their province to have the rent increase reviewed.
The Right to Request Repairs
Tenants have the right to request repairs to the property when they are necessary. The landlord is responsible for maintaining the property in good condition, and the tenant has the right to request repairs if something is not working properly or if there is a defect in the property. The landlord must respond within a reasonable time and carry out the necessary repairs promptly. For further detail on what happens when landlords fail to maintain the property, see our article on mandament van spolie in landlord-tenant disputes.
The Right to Terminate the Lease
Tenants have the right to terminate their rental agreement if the landlord is not fulfilling their obligations — for example, failing to make necessary repairs or not respecting the tenant’s right to privacy. If a tenant wishes to terminate their rental agreement, they must give the landlord written notice and follow the proper procedures as set out in the lease or the Rental Housing Act. You can read more about this process in our guide to early termination of lease agreements.
Rental Deposits
Landlords who collect a security deposit must hold it in an interest-bearing account with a financial institution. At the end of the lease, the deposit — together with any accrued interest — must be returned to the tenant within a reasonable period, subject to any lawful deductions for damages. Our guide to rental deposits in South Africa covers this topic in more detail.
Written Lease Agreements
Under section 5(1) of the Rental Housing Act 50 of 1999, a lease does not have to be in writing to be valid — a verbal lease is enforceable. However, if the tenant requests it, the landlord must reduce the lease to writing. The reform that would make written leases compulsory in every case is contained in the Rental Housing Amendment Act 35 of 2014, which has not yet been brought into force. Until that Amendment Act is proclaimed, written leases are not legally compulsory, but tenants are strongly encouraged to insist on one that clearly sets out the rental amount, payment dates, deposit details, maintenance responsibilities, and notice periods.
Overall, tenants in South Africa have many rights that are protected by the country’s laws. It is important for tenants to know and understand these rights, and to assert them if necessary in order to have a safe and satisfactory living experience.
Updated 16 June 2026 — Corrected the legal position on the Rental Housing Amendment Act 35 of 2014: it has been signed but not yet brought into force by proclamation, so the Rental Housing Act 50 of 1999 remains the governing law. Clarified that verbal leases are still valid under section 5(1) and that compulsory written leases are a pending reform rather than current law.
