Everything you need to know about rental deposits

Everything you need to know about rental deposits

The rules for handling rental deposits are very clearly outlined in the Rental Housing Act, and yet certain misconceptions still occur amongst landlords and tenants.

1. Who is responsible for managing the deposit?

A tenant's deposit is typically held by the individual or company managing the rental property. This could be a managing agent, or it could be the landlord. It's normally easy to tell who is responsible, since they will be the ones collecting your rent.

2. Why are there separate deposits for damages and services?

Many tenants will be faced with two deposits when signing a lease: one for damages and one for services. To prevent holding back on the entire deposit, which is normally two whole month's rental, it is best to keep a small services deposit aside to the value of a few hundred rands. This allows tenants to be refunded their much larger damages deposit while we wait for the municipal bill. If there are no damages found during the outgoing inspection, the deposit must be refunded, in full, within seven days.

3. How quickly must the damages deposit be returned?

In a perfect world, the refunding of deposits would be instant, but reality involves a littl more admin when it comes to conclude the returns.

- If there are no damages

If there are no damages found during the outgoing inspection, the deposit must be refunded, in full, within seven days.

- If there are damages

If damages are found during the outgoing inspection, the landlord, or their representative, has 14 days to fix and return the remainder of the deposit to the tenant. The tenant has the right to see two comparative quotes, and all the receipts for the finished work, but may not nominate their own contractors or negotiate the price.

- If no outgoing inspection takes place

If the landlord or their representative does not conduct an outgoing inspection, they forfeit the right to deduct any damages from the tenant's deposit, and must refund the tenant within seven days.

If, on the other hand, the tenant does not attend the inspection, they forfeit the right to contest any damages the landlord may claim.

4. Can the deposit be used during the lease?

As a rule, deposits should not be touched until the lease is concluded. Deposits are occasionally used to cover the last month's rental, but it is best to avoid this, as the remainder may not be enough to cover any unexpected damages.