Earlier this year, our director addressed the key principles of the Rental Housing Act, as amended by the Rental Housing Amendment Act, during a radio interview. This legislation regulates the relationship between a landlord and a tenant, even before the lease agreement is signed. Many tenants, particularly students and young professionals, struggle to recover their rental deposits at the end of a lease. Often, this is due to a lack of awareness regarding their rights, coupled with landlords or agents who exploit vague policies and the tenantโ€™s inexperience.

Here are some key points all tenants should know:

๐Ÿญ. ๐——๐—ฒ๐—ฝ๐—ผ๐˜€๐—ถ๐˜๐˜€ ๐—บ๐˜‚๐˜€๐˜ ๐—ฒ๐—ฎ๐—ฟ๐—ป ๐—ถ๐—ป๐˜๐—ฒ๐—ฟ๐—ฒ๐˜€๐˜

According to the Rental Housing Act, landlords are required to invest deposits in an interest-bearing trust account, with the interest accruing to the tenant. Tenants have the right to request written confirmation of both the account and the interest accrued over the lease period.

๐Ÿฎ. ๐—Ÿ๐—ฎ๐˜„๐—ณ๐˜‚๐—น ๐—ฑ๐—ฒ๐—ฑ๐˜‚๐—ฐ๐˜๐—ถ๐—ผ๐—ป๐˜€ ๐—ผ๐—ป๐—น๐˜†

A landlord may only make deductions from the deposit for actual rental arrears or damages beyond fair wear and tear. All deductions must be substantiated with invoices or receipts. Without these, deductions can be considered unlawful.

๐Ÿฏ. ๐—œ๐—ป๐˜€๐—ฝ๐—ฒ๐—ฐ๐˜๐—ถ๐—ผ๐—ป๐˜€ ๐—ฎ๐—ฟ๐—ฒ ๐—ฐ๐—ฟ๐—ถ๐˜๐—ถ๐—ฐ๐—ฎ๐—น

Both incoming and outgoing inspections are required by law. Tenants should insist that it be conducted in person and that a written record be kept thereof. Time-stamped photographs of the propertyโ€™s condition at both stages can help prevent disputes.

๐Ÿฐ. ๐—ก๐—ฆ๐—™๐—”๐—ฆ ๐˜€๐˜๐˜‚๐—ฑ๐—ฒ๐—ป๐˜๐˜€ ๐—ฎ๐—ป๐—ฑ ๐—ฑ๐—ฒ๐—ฝ๐—ผ๐˜€๐—ถ๐˜๐˜€

Where tenants are funded by NSFAS, landlords may not insist on upfront deposits or rental payments while a student awaits confirmation of funding. This is not a discretionary policy โ€” it is legally enforceable.

๐Ÿฑ. ๐—–๐—ผ๐—บ๐—บ๐—ผ๐—ป ๐˜„๐—ฎ๐—ฟ๐—ป๐—ถ๐—ป๐—ด ๐˜€๐—ถ๐—ด๐—ป๐˜€

๐™ฑฬฒ๐šŽฬฒโ€‚ฬฒ๐šŒฬฒ๐šŠฬฒ๐šžฬฒ๐šฬฒ๐š’ฬฒ๐š˜ฬฒ๐šžฬฒ๐šœฬฒโ€‚ฬฒ๐š’ฬฒ๐šฬฒ:ฬฒ

 1. You are asked to pay a deposit without a signed lease.

 2. There is no formal inspection or record-keeping.

 3. You receive vague reasons for withholding your deposit (e.g., โ€œadmin feesโ€ or โ€œcleaning costsโ€ with no documentation).

 4. Youโ€™re told to wait indefinitely for repayment without a timeline or proof of payment processing.

๐Ÿฒ. ๐——๐—ถ๐˜€๐—ฝ๐˜‚๐˜๐—ฒ ๐—ฟ๐—ฒ๐˜€๐—ผ๐—น๐˜‚๐˜๐—ถ๐—ผ๐—ป ๐—ถ๐˜€ ๐—ฎ๐—ฐ๐—ฐ๐—ฒ๐˜€๐˜€๐—ถ๐—ฏ๐—น๐—ฒ

The Rental Housing Tribunal offers tenants an accessible and cost-free avenue for resolving disputes. No legal representation is needed, cases are heard relatively quickly, and the Order is legally binding.

๐—œ๐—ป ๐˜€๐˜‚๐—บ๐—บ๐—ฎ๐—ฟ๐˜†:

Your deposit remains your money until a landlord can lawfully prove otherwise – the law exists to protect the rights of both parties in a rental agreement.

Letโ€™s raise awareness, as many first-time renters are vulnerable to exploitative practices. Knowledge is power.