Is a written lease required for a South African residential tenancy?

The Rental Housing Act 50 of 1999 requires the landlord to provide a written lease if the tenant requests one. While an oral lease is legally valid in South Africa, a written lease is strongly recommended to prevent disputes. The Act prescribes certain minimum contents that the written lease must include.

What is the maximum deposit a South African landlord can charge?

Under the Rental Housing Act 50 of 1999, the deposit may not exceed two months' rental. It must be invested in an interest-bearing account, and the tenant is entitled to the interest on termination. The deposit may only be used to cover damages beyond fair wear and tear — not routine maintenance.

Can a South African tenant cancel a lease before it expires?

Yes. Under the CPA 68 of 2008, a residential tenant may cancel a fixed-term lease with 20 business days' written notice. A reasonable cancellation penalty may be charged. The penalty must reflect the landlord's actual costs and cannot be disproportionate to the benefit the tenant received under the lease.

What does the Rental Housing Tribunal do in South Africa?

The Rental Housing Tribunal resolves disputes between landlords and tenants in South Africa, including disputes about deposits, rental increases, maintenance obligations, and unfair practices. It is free to use and provides an accessible alternative to the courts for residential tenancy disputes.

How much notice must a South African landlord give to terminate a lease?

For month-to-month leases, one calendar month's written notice is generally required. For fixed-term leases, the landlord must give the notice provided in the lease. For breach (e.g., non-payment of rent), the landlord must give a breach notice and allow a reasonable remedy period before cancelling the lease.

Can a South African landlord increase rent during a fixed-term lease?

No. A landlord cannot increase the rental during a fixed-term lease unless the lease expressly provides for periodic increases. Annual escalation clauses are standard in South African residential leases and must specify the escalation rate or mechanism. Rent increases on month-to-month leases require the applicable notice period.

What is an "inspection" and why is it required in South African residential leases?

The Rental Housing Act requires an incoming and outgoing inspection of the property in the presence of both landlord and tenant. The inspection documents the condition of the property at the start and end of the tenancy. This inspection record is used to determine whether any damages beyond fair wear and tear were caused by the tenant, and is essential evidence for any deposit deduction dispute before the Rental Housing Tribunal.

Rental & PropertyZA

Residential Tenancy Agreement Template – South Africa

A residential tenancy agreement governs the letting of a dwelling in South Africa. Our free template complies with the Rental Housing Act 50 of 1999, the Consumer Protection Act 68 of 2008, and the requirements of the South African Rental Housing Tribunal for a fair and enforceable residential lease.

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RESIDENTIAL TENANCY AGREEMENT

Rental Housing Act 50 Of 1999 · Republic Of South Africa

LANDLORD

Nkosi Properties (Pty) Ltd

14 Oxford Road, Rosebank, Johannesburg 2196
Reg 2010/078901/07
Tel +27 11 234 5678
Email rentals@nkosi-properties.co.za

TENANT

Zanele Mokoena

32 Smit Street, Braamfontein, Johannesburg 2001
ID 9208205009087
Tel +27 82 456 7890
Email zanele.mokoena@email.com
Emergency: Thandi Mokoena (mother) +27 83 111 2222

Rent: ZAR 18500/month

Fixed: 1 June 2026 → 31 May 2027

This Residential Tenancy Agreement ("Lease") is entered into between Nkosi Properties (Pty) Ltd (the "Landlord") and Zanele Mokoena (the "Tenant") in respect of a residential unit in a sectional-title scheme situated at Unit 4B, Sandton Gardens, 21 Rivonia Road, Sandton, Johannesburg 2196 (the "Property"). This Lease is governed by the Rental Housing Act 50 of 1999 (RHA), the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE Act), the Consumer Protection Act 68 of 2008 (CPA) where applicable, the Property Practitioners Act 22 of 2019 (in respect of any letting agent involved), the Protection of Personal Information Act 4 of 2013 (POPIA), and the Constitution of the Republic of South Africa, 1996 (including the section 26 right to housing and the section 14 right to privacy).

DESCRIPTION OF PROPERTY

The Landlord lets to the Tenant the Property described as: Unit 4B, Sandton Gardens, 21 Rivonia Road, Sandton, Johannesburg 2196. The Property is let for residential purposes only and the Tenant may not use the Property for any business, commercial or unlawful purpose without the prior written consent of the Landlord.

Address	Unit 4B, Sandton Gardens, 21 Rivonia Road, Sandton, Johannesburg 2196
Property Type	a residential unit in a sectional-title scheme
ERF / ST Number	Section 48, Sandton Gardens SS Scheme No 142/2007
Parking	Two undercover parking bays (Bays 4B-1 and 4B-2) included in the monthly rental.

LEASE PERIOD

This Lease commences on 1 June 2026 and terminates on 31 May 2027. The Lease shall not renew automatically. If the Tenant continues to occupy the Property after the end date without a new written lease, the Lease shall convert to a month-to-month tenancy on the same terms, terminable by either party on one (1) calendar month's written notice.

RENTAL

The monthly rental for the Property is ZAR 18500 (South African Rand). Rental is payable in advance on or before the 1st of each month by electronic funds transfer to the Landlord's designated bank account, without deduction, set-off or demand. The Landlord shall issue a written receipt for each payment on request, in accordance with section 5(3)(d) of the RHA. The rent shall escalate annually on the anniversary of the commencement date by 8% of the rent for the preceding twelve (12) months. Any rent increase shall be communicated in writing not less than one (1) calendar month in advance.

DEPOSIT

The Tenant shall pay a refundable deposit of ZAR 37000 on or before the commencement date of this Lease, in accordance with section 5A of the RHA. The deposit amount does not exceed two (2) months' rental, as prescribed. The deposit shall be invested in the Landlord's interest-bearing bank account at a registered South African financial institution within seven (7) days of receipt. Interest accrues for the Tenant's benefit and proof of investment shall be provided on request. The deposit (plus accrued interest) shall be refunded to the Tenant within seven (7) days of the termination of this Lease, provided that: (a) the Tenant has vacated and returned the Property in a satisfactory condition (fair wear and tear excepted); and (b) all amounts owing have been settled. Where there is damage beyond fair wear and tear, the Landlord shall provide an itemised statement of deductions within twenty-one (21) days of expiry of the Lease.

ENTRY AND EXIT INSPECTIONS

In accordance with section 5B of the RHA: (a) Entry Inspection: A joint inspection of the Property shall be conducted by the Landlord and Tenant (or their representatives) on or before the date the Tenant takes occupation. A written inspection report (with photographs where practicable) recording the condition of the Property shall be completed and signed by both parties. This report constitutes the benchmark for the exit inspection. (b) Exit Inspection: A joint inspection shall be conducted within three (3) days before or after the termination of the Lease. The Tenant is entitled to be present and to dispute any items on the exit report. If the Landlord fails to conduct the entry inspection, no part of the deposit may be withheld for damages.

ELECTRICAL COMPLIANCE

The Landlord has provided the Tenant with a current valid Electrical Certificate of Compliance (CoC) issued by a registered electrician under the Electrical Installation Regulations of the Occupational Health and Safety Act 85 of 1993. The CoC is attached to this Lease as an annexure and confirms that the electrical installation at the Property complies with applicable safety standards as at the date of issue.

LANDLORD'S OBLIGATIONS

The Landlord shall: (a) provide the Tenant with peaceful and undisturbed occupation of the Property; (b) maintain the Property in a habitable and safe condition and in good repair throughout the lease term, consistent with section 13(1) of the RHA; (c) ensure the Property complies with applicable health, safety, and municipal by-law standards; (d) not enter the Property without the Tenant's prior consent (except in an emergency), consistent with the Tenant's right to privacy under section 14 of the Constitution; and (e) provide at least 24 hours' written notice of any intended entry for non-urgent maintenance or inspection purposes.

TENANT'S OBLIGATIONS

The Tenant shall: (a) pay rental and all other amounts on the due date; (b) use the Property for residential purposes only; (c) not make any alterations, additions or improvements to the Property without the prior written consent of the Landlord; (d) maintain the Property in a clean and hygienic condition and report all defects to the Landlord promptly; (e) comply with all applicable municipal by-laws and body corporate / HOA rules; (f) not conduct any unlawful activity on the Property; and (g) vacate the Property and return the keys on or before the last day of the Lease.

UTILITIES AND SERVICES

Water and refuse removal are included in the monthly rental. Electricity (prepaid City Power meter), internet/fibre, and DStv satellite are excluded and payable by the Tenant directly to the relevant provider.. The Tenant shall pay all utility accounts in respect of the Property (other than those included in the monthly rental above) directly to the relevant service provider or municipality and shall ensure such accounts are settled in full by the termination date.

10.

HOUSE RULES — PETS AND SMOKING

Pets: No pets are permitted without the prior written consent of the Landlord, which consent shall not be unreasonably withheld. Consent may be withdrawn if a pet causes damage or nuisance. The Tenant is liable for any damage caused by a pet.
Smoking: Smoking (including vaping and any tobacco or cannabis product) is prohibited inside the Property and within three (3) metres of any door or window.

11.

PARKING

Two undercover parking bays (Bays 4B-1 and 4B-2) included in the monthly rental.. The parking bay(s) form part of the leased premises and the Tenant shall keep them clean and unobstructed. The Landlord is not responsible for any loss of or damage to vehicles parked at the Property.

12.

MAINTENANCE AND REPAIRS

The Landlord is responsible for major structural repairs, roof maintenance, and repairs to plumbing and electrical systems not caused by the Tenant's negligence or misuse. The Tenant is responsible for minor day-to-day maintenance and repairs arising from the Tenant's use of the Property, including replacement of light bulbs, tap washers, and other consumables, and for the cost of any repairs necessitated by damage caused by the Tenant, the Tenant's guests or the Tenant's pets. Specifically: (i) the Tenant shall pay for individual repairs or replacements costing ZAR 500 or less per item (light bulbs, tap washers, drain cleaning, consumables and similar minor items); and (ii) the Landlord shall pay for individual repairs or replacements costing more than ZAR 500 per item, save where the damage was caused by the negligence, misuse or wilful act of the Tenant or the Tenant's guests. The Tenant shall notify the Landlord in writing of any defect or need for repair without delay.

13.

PROPERTY INVENTORY

The Property is let furnished with the items listed below, in the conditions recorded at the entry inspection. The Tenant shall be responsible for the safekeeping and return (in equivalent condition, fair wear and tear excepted) of each item.

Refrigerator — Defy F790 stainless steel	Qty 1 · Condition: Good — minor scratch on left door · Replacement: ZAR 12 500
Gas hob and oven — Bosch HBG633BS1B	Qty 1 · Condition: Excellent — recently serviced · Replacement: ZAR 18 000
Washing machine — Samsung 9 kg front loader	Qty 1 · Condition: Good — drum slightly stained · Replacement: ZAR 14 500
Bedroom curtains and rails	Qty 3 · Condition: Good · Replacement: ZAR 3 500
Smart TV — Samsung 55-inch QLED	Qty 1 · Condition: Excellent · Replacement: ZAR 15 500

14.

BODY CORPORATE / HOA RULES COMPLIANCE

The Tenant acknowledges that the Property is subject to the rules, conduct rules and management rules of the body corporate, homeowners' association or estate management committee (as applicable) under the Sectional Titles Schemes Management Act 8 of 2011 or the relevant homeowners' association constitution. The Landlord shall provide the Tenant with a copy of the current rules on commencement, and the Tenant shall comply fully with such rules. Any fine, penalty or levy imposed on the Landlord as a result of a Tenant's breach shall be recoverable from the Tenant as a debt.

15.

CESSION AND SUBLETTING

The Tenant may not cede, transfer or assign any right under this Lease to any third party without the prior written consent of the Landlord. The Tenant may not sublet the Property or any part thereof, and may not let the Property on a short-stay or guest-accommodation basis (including via Airbnb, Booking.com or similar platforms). Any breach shall constitute a material breach entitling the Landlord to cancel this Lease on written notice.

16.

PERIODIC CONDITION INSPECTIONS

In addition to the entry and exit inspections required by section 5B of the RHA, the Landlord may conduct a periodic condition inspection of the Property once each calendar quarter (every three (3) months), on giving the Tenant at least 24 hours' written notice. Inspections shall take place at a reasonable time and shall be conducted promptly so as to minimise disruption. The Landlord shall prepare a written inspection report after each inspection and provide a copy to the Tenant within seven (7) days. The Tenant shall not unreasonably refuse entry for inspections complying with this clause.

17.

BREACH AND CANCELLATION

If either party commits a material breach of this Lease, the aggrieved party shall give written notice to the defaulting party affording twenty (20) business days to remedy the breach (consistent with the CPA where it applies). If the breach is not remedied, the aggrieved party may cancel this Lease on written notice, without prejudice to any claim for damages or arrears. Eviction: The Landlord may not evict the Tenant without a court order granted under the PIE Act 19 of 1998. Self-help (changing locks, removing possessions, or disconnecting utilities) is unlawful and may result in damages, fines or contempt proceedings.

18.

LATE-PAYMENT PENALTY

Any amount not paid by the due date shall, in addition to the outstanding amount, attract a late-payment penalty of 2% of the outstanding amount per month (or part thereof) for which the amount remains unpaid, calculated from the due date until the date of actual payment. This penalty is contractually agreed under the Conventional Penalties Act 15 of 1962 and is subject to reduction by a court if found to be out of proportion to the Landlord's prejudice. The Landlord may apply payments received first to outstanding penalties, then to arrear rental, and then to current rental.

19.

LEGAL COSTS

If the Landlord is required to take legal action to enforce any provision of this Lease (including recovery of arrear rental, eviction proceedings under the PIE Act or RHT proceedings), the Tenant shall be liable for all legal costs incurred by the Landlord on an attorney-and-client scale, including counsel's fees and disbursements, recoverable as a debt.

20.

DOMICILIUM CITANDI ET EXECUTANDI

For the purpose of the service of any notice, demand or court process under or in connection with this Lease, the parties choose as their domicilium citandi et executandi: (a) the Landlord: the address recorded for the Landlord above; and (b) the Tenant: the address of the Property. Either party may, by written notice to the other, change its domicilium to another physical address in the Republic of South Africa.

21.

FORCE MAJEURE — INCLUDING LOADSHEDDING

Neither party shall be in breach of this Lease or liable for any delay in performing or failure to perform its obligations (other than the Tenant's payment of rent) where such failure or delay results from circumstances beyond its reasonable control, including: (a) sustained loadshedding above stage 6 declared by Eskom or the relevant municipal utility; (b) interruption of municipal water supply for more than 24 hours; (c) acts of God, pandemic, civil unrest or natural disaster; or (d) cyberattacks on national infrastructure. The affected party shall promptly notify the other and take all reasonable steps to mitigate the effect of the force-majeure event.

22.

PRIVACY AND DATA PROTECTION

Any personal information collected in connection with this Lease (including identity numbers, contact details and financial information) shall be processed in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA). The Landlord shall use such personal information solely for purposes connected with this Lease, including credit verification, communication, accounting, and where necessary, referral to letting agents, attorneys or the Rental Housing Tribunal.

23.

GOVERNING LAW AND DISPUTE RESOLUTION

This Lease is governed by the laws of the Republic of South Africa. Any dispute between the parties that cannot be resolved by negotiation shall be referred to the Rental Housing Tribunal: Gauteng, established under section 7 of the RHA, which provides free dispute-resolution services for landlords and tenants. The Tenant's right to approach the Tribunal cannot be excluded by any clause in this Lease. For urgent matters or where the Tribunal does not have jurisdiction, the parties consent to the jurisdiction of the Magistrate's Court or the High Court of South Africa, Gauteng Division, Johannesburg, as applicable.

24.

ELECTRONIC EXECUTION

This Lease may be signed electronically. Electronic signatures are valid and enforceable under sections 11 and 13 of the Electronic Communications and Transactions Act 25 of 2002 (ECT Act) and have the same legal effect as handwritten signatures.

25.

GENERAL PROVISIONS

Entire Agreement: This Lease constitutes the entire agreement between the parties and supersedes all prior negotiations and representations.
Amendment: No amendment is valid unless in writing and signed by both parties.
Severability: Any invalid provision shall be severed; the remaining provisions continue in force.
Waiver: No waiver of any provision shall constitute a continuing waiver.
Consumer Protection Act: To the extent this Lease is subject to the CPA 68 of 2008, no provision shall limit any right conferred by the CPA, which shall prevail in the event of conflict.
Counterparts: This Lease may be signed in counterparts, each constituting an original.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date indicated.

LANDLORD

Nkosi Properties (Pty) Ltd

Date: ____________________

TENANT

Zanele Mokoena

Date: ____________________

Available as a print-ready PDF or an editable Microsoft Word (.docx) file.

What Is a Residential Tenancy Agreement in South Africa?

A residential tenancy agreement (also called a lease agreement) is a written contract between a landlord (lessor) and a tenant (lessee) that sets out the terms on which residential property is let in South Africa. It covers the monthly rental in ZAR, the deposit, the lease term, the tenant's rights and obligations, the landlord's responsibilities, the process for renewing or terminating the lease, and the procedures for handling disputes. A written lease agreement is essential in South Africa to provide certainty and to comply with the Rental Housing Act 50 of 1999.

The Rental Housing Act 50 of 1999 (as amended by Act 35 of 2014) is the primary legislation governing residential tenancies in South Africa. It requires the landlord to provide the tenant with a written lease agreement if so requested, sets minimum standards for the habitability of the dwelling, regulates the collection and return of deposits, establishes the Rental Housing Tribunal to resolve disputes, and prohibits unfair practices by landlords and tenants. The Consumer Protection Act 68 of 2008 also applies to residential leases, entitling qualifying tenants to cancel a fixed-term lease with 20 business days' written notice subject to a reasonable cancellation penalty. The Section 4 prescribed lease form and the Unfair Practices Regulations under the Rental Housing Act provide detailed guidance on what constitutes unfair practice in South African residential tenancies.

South African residential tenancy law places a premium on the rights of tenants as occupants of their homes. The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE Act) requires a court order before any residential tenant can be evicted, and the court must be satisfied that the eviction is just and equitable in all circumstances. The landlord must maintain the property in a habitable condition, attend to structural defects promptly, and return the deposit within 14 days of the end of the lease (or within 21 days if deductions are made for damages) under the Rental Housing Act. POPIA 4 of 2013 applies to the personal information of tenants collected and processed in connection with the tenancy.

What's Covered in This Template

Our South African residential tenancy agreement template covers all Rental Housing Act requirements and common landlord-tenant provisions.

Landlord and Tenant Details

Full names, identity numbers, and contact details of the landlord and all adult tenants.

Property Description

Full address, erf number, and description of the residential property being let, including parking and storage.

Lease Commencement and Duration

Start date, initial lease term (fixed or month-to-month), and the process for renewal.

Monthly Rental in ZAR

The monthly rental amount in ZAR (R), payment due date, payment method, and consequences of late payment.

Deposit

Deposit amount (not exceeding two months' rental), investment requirements, and return within Rental Housing Act timeframes.

Tenant's Obligations

Duty to pay rental, maintain the property, not cause nuisance, not sub-let without consent, and vacate in good condition.

Landlord's Obligations

Duty to maintain the property in a habitable condition, provide services, attend to structural repairs, and not interfere with the tenant's peaceful enjoyment.

Utilities and Services

Allocation of responsibility for electricity, water, rates, refuse removal, and other utilities between landlord and tenant.

Pets and Alterations

Rules on keeping pets and making alterations to the property, with landlord consent requirements.

CPA Cancellation Rights

Tenant's right to cancel the lease with 20 business days' written notice under the CPA, and the applicable cancellation penalty.

Breach and Termination

Notice of breach, cure periods, and the cancellation process before eviction proceedings under the PIE Act.

Rental Housing Tribunal

Reference to the parties' right to refer disputes to the Rental Housing Tribunal under the Rental Housing Act 50 of 1999.

How to Create a Residential Tenancy Agreement in South Africa

Follow these steps to produce a Rental Housing Act-compliant residential lease for South Africa.

1
Enter Party and Property Details
Record the landlord's and tenant's names, identity numbers, and addresses, and describe the property fully.
2
Set the Lease Term and Rental
State the lease start date, duration, monthly rental in ZAR (R), payment due date, and deposit amount.
3
Allocate Utilities and Responsibilities
Specify who pays for electricity, water, rates, and refuse, and allocate maintenance responsibilities between landlord and tenant.
4
Address CPA Rights and Breach Process
Include CPA cancellation rights, breach notice requirements, and the PIE Act eviction process.
5
Review and Download
Review the lease for Rental Housing Act compliance, download as a PDF, and have both parties sign with a copy retained by each.

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Legal Considerations

South African residential tenancy agreements must comply with the Rental Housing Act, CPA, and PIE Act.

This template is for informational purposes only and does not constitute legal advice. Consult a qualified South African attorney for advice specific to your situation.

Reviewed for South African law

Rental Housing Act Deposit Rules

The Rental Housing Act 50 of 1999 regulates the collection and handling of residential tenancy deposits in South Africa. The deposit may not exceed two months' rental. The landlord must invest the deposit in an interest-bearing account and provide the tenant with proof of the investment within a reasonable period. On termination, the deposit and accrued interest must be returned within 14 days if no deductions are made, or within 21 days if deductions for damages are made. The landlord may only deduct the cost of damages caused by the tenant (beyond fair wear and tear) — not the cost of repainting or normal maintenance.

CPA Tenant Cancellation Rights

The Consumer Protection Act 68 of 2008 gives residential tenants the right to cancel a fixed-term lease with 20 business days' written notice. A reasonable cancellation penalty is permissible but must reflect actual costs — such as reletting agent fees, advertising costs, and the rental shortfall until the property is re-let. A penalty that exceeds the landlord's actual loss may be challenged by the tenant before the National Consumer Tribunal or a South African court.

Rental Housing Tribunal Jurisdiction

The Rental Housing Tribunal established in each province under the Rental Housing Act 50 of 1999 has jurisdiction to investigate and resolve disputes between landlords and tenants in South Africa. Disputes about rental, deposits, maintenance, unfair practices, and lease terms may be referred to the Tribunal free of charge. The Tribunal can issue compliance notices, make rulings, and refer matters to the Magistrates' Court. Either party may refer a dispute to the Tribunal, and parties must attend hearings in person or via a representative.

Frequently Asked Questions

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