Renting a property can often lead to disputes between landlords and tenants, ranging from issues of non-payment of the rent to disagreements over maintenance, noise, municipal charges and overcrowding.
READ: Tips for getting your full rental deposit back
Consequently, says Andrew Schaefer, MD of leading property management company Trafalgar, it is best to be proactive when it comes to preventing disputes if at all possible, and being prepared to manage them effectively if they do arise.
“We find that the most frequent disputes between landlords and tenants typically revolve around non-payment of rent, issues with municipal charges, noise complaints, property maintenance, and overcrowding,” he says, “but with the right approach, they can be avoided altogether or swiftly resolved.
“And the real key to preventing most disputes is a well-structured, detailed lease agreement that clearly outlines the responsibilities of both parties and anticipates solutions to the problems that commonly occur. It is also essential that landlords or their agents take the time to explain this document thoroughly before asking tenants to sign it, rather than simply emailing it for quick signatures.”
READ: Tenant challenges painting costs: Dispute over property condition
Schaefer says that setting clear expectations upfront and maintaining open, regular communication throughout the tenancy are also important to prevent misunderstandings from escalating into conflicts. “Where there is honesty and trust in the relationship between the landlord and tenant, most issues can be amicably resolved, especially if there is a professional managing agent involved to facilitate the discussion.
“Prepaid meters for utilities such as water and electricity are also most useful in preventing disputes over usage and billing, as they provide transparency and accountability for both the landlord and tenant.”
When a dispute does arise, he says, landlords and managing agents need to handle the situation calmly and professionally. “The first step should always be to consult the lease agreement. If the issue is not explicitly covered, fairness and reasonableness should guide the response, with both parties working towards a quick resolution.
“From the tenant’s point of view, it is important to remember that renting a property is a business arrangement/ legal contract so you should try never to allow it to become personal. This is why it is a good idea to always rent through a professional rental agency like Trafalgar. It really helps to have a neutral third party on hand who can look at things objectively.
“In cases where disputes are verbal, it is also crucial to follow up with written documentation. A detailed email or letter outlining the issue, relevant conversations, and any actions taken can help avoid miscommunication and ensure both parties are on the same page.”
READ: Here are 3 steps to help you resolve rental disputes
Schaefer says that if all their efforts to resolve a dispute do fail, landlords or tenants can escalate the issue to the Rental Housing Tribunal (RHT), which handles a wide range of issues from non-payment of rent to property damage, and can provide mediation or arbitration services to help resolve conflicts. Any rulings it makes after arbitration are also legally enforceable.
“Meanwhile, it is important for tenants to understand that they can immediately be given notice to vacate the premises if they breach any of the terms of their lease – by causing damage to the property, for example, or by failing to pay rent. And although the eviction proceedings can take several months, they cannot be delayed by the tenant creating disputes over other issues.”
And lastly, he says, if either party feels that the relationship has been irreparably damaged even after a dispute has been resolved, their best option may simply be not to renew the lease when it expires.
READ: Buying or renting property: Who pays for what?
Adrian Goslett, Regional Director and CEO of RE/MAX of Southern Africa, explains that even though the deposit is paid to the landlord, it remains the tenant’s money. “The landlord is merely holding the money as a security measure, should the tenant default or breach the rental agreement. However, the landlord is entitled to deduct from the rental deposit any expenses incurred to repair damages to the property which occurred during the tenancy. This can include things like holes in the walls from picture frames or stains on the carpets,” says Goslett.
To help tenants avoid running into any surprises at the end of their lease, RE/MAX of Southern Africa shares some essential tips to help you get your rental deposit back in full…
Move-in Inspection
Before moving into the property, it is vital to ensure that a detailed move-in inspection is completed. If the landlord is working through a reputable rental agent, this should be taken care of for you. But, if the landlord does not arrange to have an inspection done at key handover, then be sure to arrange one yourself, taking photographs of any existing damages to the property as evidence that they were there before you moved in.
Regular Cleaning
During your tenancy, keep the property clean and in good condition. Be especially mindful of areas prone to damage from dirt build-up, such as kitchens, bathrooms, and carpets. To avoid stains on carpets, add an area rug in parts of the home prone to spillage (in the lounge, for example) or simply avoid eating and drinking in the carpeted spaces.
Repairing Damages
It’s essential to report and fix any damages that occur during your tenancy. Be sure to notify your landlord about any necessary repairs immediately, especially for issues like leaks or appliance malfunctions. If, however, you caused the damage – by hanging a picture on the wall, for example – then you need to make sure this is fixed before you move out.
Normal Wear and Tear
Understanding what qualifies as ‘normal wear and tear’ will help you take extra care where needed. Normal wear and tear are the typical deterioration that happens to a property over time, and landlords are not allowed to charge for this. However, excessive damage beyond normal wear, such as large stains, broken tiles, or holes in the walls, will likely lead to deductions.
Understanding the reimbursing process
The landlord is required by the Rental Housing Act to place the money in an interest-bearing account, held with a financial institution. If there is no damage to the property, the full deposit and interest must be paid to the tenant within seven days of the lease's expiration date. Should any disputes arise between the landlord and the tenant regarding the rental deposit, Goslett recommends that they can turn to the province’s Rental Housing Tribunal for assistance.
“Getting your full rental deposit back doesn't have to be a struggle. By being proactive, maintaining the property, and staying organized, you can avoid most issues that lead to deductions. Always remember that clear communication with your landlord or rental agent, combined with proper documentation, can protect your deposit and ensure a smooth transition at the end of your lease".
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