Important caveats, things a landlord cannot do

Important caveats, things a landlord cannot do

Category Rentals

The rights and responsibilities of tenants and landlords are well regulated by various legislation including the Rental Housing Act and the Consumer Protection Act. Landlords are therefore bound by certain legal constraints in terms of what they may do, especially when it comes to difficulty with tenants.

Some of the important things that a landlord cannot do include:

Enter the property without prior notice. Landlords cannot enter a rental property without giving appropriate notice to the tenant. Except in cases of emergency, landlords must provide reasonable notice and obtain the tenant's consent before entering the premises, and must respect the tenant's right to privacy and enjoyment of the property.

Cut off basic utilities. A landlord cannot intentionally cut off essential services such as water, electricity, etc. even if the tenant is in arrears. Tenants have a right to basic services as part of their rental agreement. If the tenant is in arrears, proper legal processes must be followed, and if the rent or utilities remain unpaid, further action could include a court eviction order.

Unlawfully evict tenants or change the locks. A landlord cannot lock a tenant out of the premises regardless of the circumstances.  The landlord must follow proper procedures and obtain a legal eviction order before the tenant can be evicted. Evictions must be conducted in a manner that respects the dignity and rights of the tenant.

Fail to maintain the property. Landlords are legally obligated to keep rental properties in a habitable condition. This includes performing necessary repairs and maintenance to ensure that the property complies with health and safety standards. Neglecting these duties can be grounds for legal action by the tenant.

Increase the rent arbitrarily. Rent increases must be in line with the terms of the lease agreement, and must comply with relevant legislation, such as the Rental Housing Act. The landlord cannot unilaterally increase the rent, even in the event that the landlord may have had to incur costs in connection with the premises which are not attributable to the tenant.

Cancel the lease at will. A landlord can only cancel a lease as provided for in the lease agreement such as failure to pay rent, breached terms of the lease agreement, or a disaster befalling the property. Unless provided for in the lease agreement, selling the property will also not cancel the lease which must remain in force until its termination date.

Unfairly discriminate against tenants. Landlords may not discriminate against potential or current tenants based on race, gender, religion, disability, sexual orientation, or any other grounds outlined in the Promotion of Equality and Prevention of Unfair Discrimination Act. Fair treatment must be accorded to all tenants and applicants.

The importance of a good lease agreement which is legally sound and protects the interest of the landlord or property owner cannot be overstated. As experienced rental and property management agents, Seeff offers innovative and best practice services and solutions, complemented by legal and financial compliance.

Author: Gina Meintjes