Section 5 of the Rental Housing Act Explained: Rights and Obligations for Landlords and Tenants

Section 5 of the Rental Housing Act 50 of 1999 (RHA) is the provision that defines the day-to-day rights and obligations of landlords and tenants in South Africa. If you are entering into, living under, or ending a residential lease in South Africa, Section 5 is the section you need to understand.

This guide explains every subsection in plain English — what it requires, what it means in practice, and what happens if it is not followed.

What Is the Rental Housing Act?

The Rental Housing Act 50 of 1999 governs all residential rental relationships in South Africa. It established the Rental Housing Tribunal, defined the rights and duties of landlords and tenants, and created mechanisms for resolving disputes without going to court.

Section 5 is the heart of the Act — it deals with:

• The right to a written lease
• Deposit obligations
• Maintenance responsibilities
• Privacy rights
• Inspections

Section 5(1): The Right to a Written Lease

"A landlord or tenant may require that a lease be reduced to writing."

Either party — not only the landlord — has the right to demand a written lease. If the landlord refuses to provide one, the tenant can lodge a complaint with the Rental Housing Tribunal (RHT). The RHT can compel the landlord to provide a written lease.

What it means in practice: An oral lease is legally valid, but a tenant can force a written agreement at any stage. Landlords who prefer informal arrangements do not have the right to refuse.

A written lease must include at minimum:

• The names and addresses of both parties
• A description of the property
• The rental amount
• The lease term
• The deposit amount and conditions

For the full checklist of what a lease must contain, see what must a lease agreement include in South Africa?

Section 5(2): Inspection Before Occupation

"Prior to the tenant taking occupation of a dwelling, both the landlord and the tenant must jointly inspect the dwelling in order to determine the existence of any defects or damage."

The entry inspection is one of the most important obligations in the Act. Both parties must physically inspect the property together before the tenant moves in and document what they find.

Why it matters: The entry inspection creates the baseline record of the property's condition. Without it, neither party can prove what damage was pre-existing and what was caused during the tenancy.

The consequence of skipping it: If the landlord fails to conduct the entry inspection, they lose the right to make any deductions from the deposit at the end of the lease — regardless of what damage the tenant caused. This is the single most costly mistake a landlord can make.

The inspection must be reduced to writing (an inspection report) and signed by both parties. Each party should retain a copy.

Section 5(3): Deposits

This subsection contains the most heavily litigated provisions of the RHA. It has several distinct requirements.

5(3)(a): The Deposit Must Be Invested

"A landlord who is paid a deposit must invest the deposit in an interest-bearing account with a financial institution."

The landlord cannot keep the deposit in their current account, use it for other purposes, or hold cash. It must go into a dedicated interest-bearing account at a recognised financial institution (a bank) — within a reasonable time of receiving it.

5(3)(b): Interest Belongs to the Tenant

"The interest contemplated in paragraph (a) shall accrue for the benefit of the tenant."

All interest earned on the deposit over the lease term belongs to the tenant. When the landlord returns the deposit at the end of the lease, they must include the accrued interest.

5(3)(c): Tenant's Right to Proof

"The landlord must provide the tenant, at the tenant's request, with written proof of the investment."

The tenant can demand — in writing — the name of the bank, the account number, and confirmation of interest earned. The landlord must comply. There is no limit on how often the tenant may request this.

5(3)(d)–(e): Return of Deposit After Exit Inspection

After the exit inspection, the landlord has 14 days to:

• Make and document any deductions for damage or unpaid rent
• Return the balance of the deposit plus accrued interest to the tenant

Deductions may only be made for:

• Damage beyond fair wear and tear
• Unpaid rent or utilities
• Cleaning costs if the property was left in an unacceptable state

5(3)(f): Return Without Exit Inspection

If the landlord fails to conduct an exit inspection, the full deposit plus accrued interest must be returned within 7 days of the lease ending. No deductions are permitted.

This is the other half of the inspection trap: skip the exit inspection and you lose the right to deduct anything.

5(3)(g): Return After Breach Cancellation

If the lease is cancelled due to the tenant's breach, the landlord still must return the deposit within 14 days of expiry, less:

• The cost of repairing damage
• Any outstanding rent
• The cost of re-letting the property

For the full breakdown of deposit rules — including interest obligations and return deadlines — read our guide on rental deposit rules in South Africa.

Section 5(4): Maintenance Obligations

"The landlord must maintain the dwelling in a habitable state of repair." "The tenant must maintain the dwelling and return it in the same condition it was in at the start of the tenancy, fair wear and tear excluded."

Landlord's Obligations

The landlord is responsible for:

• Structural integrity (walls, roof, foundations)
• Plumbing and water supply
• Electrical system
• Windows and doors (unless damaged by the tenant)
• Any defect that makes the property unhealthy or uninhabitable

A landlord cannot pass these obligations to the tenant by contract. Any lease clause that purports to make the tenant responsible for structural repairs is void.

Tenant's Obligations

The tenant must:

• Keep the property clean and undamaged
• Report defects promptly in writing
• Not carry out alterations without written consent
• Return the property in the same condition as it was received (minus fair wear and tear)

Fair wear and tear means deterioration from normal use — light scuff marks, minor fading, carpet compression from furniture. It does not include holes in walls, broken fittings, or stains from negligence.

Section 5(5): The Right to Privacy

"The tenant is entitled to privacy and the landlord may not enter the dwelling without the consent of the tenant, except in an emergency."

A landlord cannot enter the rental property without the tenant's consent — even to inspect it, show it to prospective tenants, or carry out repairs. The only exception is a genuine emergency (burst pipe, fire, gas leak).

In practice: Landlords must give reasonable advance notice and obtain the tenant's agreement before visiting. Most leases specify 24 or 48 hours' notice as a reasonable standard. Repeated unauthorised entry is harassment and gives the tenant grounds for a complaint to the RHT.

Section 5(6): The Landlord's Right of Inspection

"The landlord may, on reasonable notice to the tenant, enter the dwelling to inspect the condition thereof or carry out repairs."

This subsection balances the privacy right with the landlord's legitimate interest in the property. Landlords may inspect — but only with reasonable prior notice. What is "reasonable" depends on the circumstances; most courts consider 24 to 48 hours to be the minimum.

The tenant cannot unreasonably refuse entry for legitimate inspections or repairs. Refusal gives the landlord grounds to apply to the RHT.

Section 5(7): Non-Discrimination

The Act prohibits a landlord from discriminating against a prospective tenant on grounds of race, gender, sexual orientation, religion, or other grounds prohibited by the Constitution and the Promotion of Equality and Prevention of Unfair Discrimination Act.

Section 5(8): The Landlord Cannot Unilaterally Increase Rent

The landlord may not increase rent during the lease term without the tenant's written consent — unless the lease contains an escalation clause that specifies the increase amount or formula in advance. A surprise mid-lease rent increase is unlawful.

Key Obligations at a Glance

| Obligation | Who | What Section 5 Requires | |---|---|---| | Entry inspection | Both | Before occupation, in writing, signed | | Deposit investment | Landlord | Interest-bearing bank account | | Deposit interest | Landlord | Accrues for the tenant | | Exit inspection | Both | Before vacating, in writing, signed | | Deposit return after exit inspection | Landlord | 14 days | | Deposit return without exit inspection | Landlord | 7 days, no deductions | | Maintenance of habitability | Landlord | Ongoing | | Return property in good condition | Tenant | On vacating (fair wear and tear excepted) | | Privacy and entry with notice | Landlord | 24–48 hours' notice required |

What Happens if Section 5 Is Breached?

Either party can lodge a complaint with the Rental Housing Tribunal. The RHT:

• Investigates the complaint
• Can order the landlord to return the deposit with interest
• Can order the landlord to maintain the property
• Can declare a lease clause void if it contradicts the Act
• Issues rulings enforceable as court orders

The RHT is free to use and does not require legal representation. It is consistently the fastest and most accessible forum for Section 5 disputes.

Why Most Lease Disputes Trace Back to Section 5

In practice, almost every landlord-tenant dispute involves a Section 5 violation at some point:

• Deposit not returned? Section 5(3) breach.
• Landlord deducting for wear and tear? Section 5(3)(d) breach.
• Property falling apart but landlord refuses repairs? Section 5(4) breach.
• Landlord entering without notice? Section 5(5) breach.
• No entry inspection done? Section 5(2) breach — and loss of all deposit deduction rights.

Understanding Section 5 is understanding the fundamentals of South African rental law.

---

Clausely lease agreements are built around Section 5 — every required clause is included, every obligation is correctly allocated, and the deposit conditions follow the Act to the letter. Generate your lease in minutes and start every tenancy on the right legal footing.