Oh, the joys of renting! There’s this lady named Sarah? She found her dream apartment, a quaint little place with a balcony perfect for her beloved ginger cat, called Chairman Meow. The lease, however, was as silent on pets as a mouse in a library.
A few blissful months passed, filled with sun-drenched naps for Chairman Meow and peaceful evenings for Sarah. Then out of the blue came a dreaded phone call from her landlord. Let’s just call him Mr. Grumpys. Upon discovering Chairman Meow (mid-stretch on the balcony, no less), he declared him a “dangerous wild animal” and threatened eviction. Sarah was in a panic. Was her furry companion truly a threat to the neighbourhood’s peace? And did Mr. Grumpys have a leg to stand on?
This isn’t an uncommon occurrence, believe it or not. Many South Africans find themselves in a tangle with their landlords. The good news is, you’ve got rights! Your lease agreement is your holy grail. If it says “no pets,” then, unfortunately, Chairman Meow might need to find new digs (or a very good disguise). But if it’s silent, or if it says “pets allowed with landlord’s consent” (and you have that consent, even if it was just a nod and a wink over coffee), then Mr. Grumpy might be the one in a precarious position.
Here’s the Lowdown on Landlord-Tenant Tango:
The Lease is King (or Queen): Always, always read your lease agreement thoroughly before signing. It’s the blueprint of your tenancy. Look for clauses on rent increases, maintenance responsibilities, early termination, and yes, even furry, four-legged occupants.
Deposit Dilemmas: Your landlord can ask for a deposit, but they can’t just pocket it. It’s meant to cover damages or unpaid rent. When you move out, the landlord must inspect the property with you and refund your deposit (minus any legitimate deductions for damages beyond normal wear and tear) within a set timeframe. If they don’t, you have recourse.
Maintenance Matters: Who fixes the leaky tap or the faulty geyser? The lease should specify. Generally, landlords are responsible for structural repairs and ensuring the property is habitable. Tenants are responsible for minor repairs and keeping the place neat and tidy (but that doesn’t mean tenants can redecorate with permanent marker).
Eviction Etiquette: Landlords can’t just kick you out on a whim. There’s a strict legal process. They need valid reasons (like non-payment of rent or breach of lease), proper notice, and often, a court order. So, if Mr. Grumpy is sending you angry WhatsApp messages, remind him that the law requires a bit more formality.
Rent Increases: Landlords can increase rent, but usually, this is stipulated in the lease. There are also limits on how often and by how much they can increase it, typically linked to inflation or a reasonable percentage.
Back to Sarah and Chairman Meow. Now armed with her lease and a little legal guidance, she was able to negotiate with Mr. Grumpy. It turned out his fear of Chairman Meow was less about the cat’s “wildness” and more about a past incident involving a goldfish and a particularly enthusiastic dog. They reached a compromise, and Chairman Meow continues his sun-drenched naps, occasionally casting a triumphant glance at Mr. Grumpy’s window.
Takeaway: Don’t let rental woes turn your dream home into a nightmare. Know your rights, read and study your lease, and if in doubt, seek legal advice. It might save you from a cat-astrophe!
You can always contact NLHA Legal using our contact form at the bottom of our main page, or send us a WhatsApp by clicking on the WhatsApp link!
