Landlord & Tenant Disputes: Your Rights and Remedies

Introduction

The relationship between landlords and tenants has always been complex, but in 2025, it’s become a growing legal battleground. With the cost of living rising, rental defaults increasing, and recent updates to housing regulations, more South Africans are finding themselves caught in disputes that often escalate far too quickly.

Issues often arise when individuals are unaware of their rights, or worse, when they depend on outdated or informal agreements.

What the Law Says 

The relationship between a landlord and tenant in South Africa is primarily governed by the Rental Housing Act 50 of 1999, as amended, alongside common law and, in some cases, the Consumer Protection Act (CPA). The law aims to create balance, but it requires that both parties act in good faith and follow proper processes when things go wrong.

Recent amendments to the Rental Housing Act (although signed into law previously, now being more actively enforced) stress the importance of:

• Written lease agreements (even if the lease is month-to-month),
• Clear breakdowns of charges, including deposits, utilities, and rent,
• Proper inspection reports before and after occupation,
• And specific procedures for notices to vacate or terminate.

Verbal lease agreements are still technically valid but in 2025, relying on one is a legal risk that can easily backfire.

The Common Flashpoints

The most common disputes we’re seeing in 2025 include:

• Unlawful evictions: Tenants being removed without a court order remains a criminal offence under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act).
• Failure to refund deposits: Landlords withhold deposits without valid reasons or a proper outgoing inspection.
• Rental arrears: Tenants are falling behind, and landlords are unsure of their options for legal recovery.
• Property damage vs. fair wear and tear: A growing grey area leading to disagreements over what landlords can charge for.

What You Can Do – Remedies Available

For Tenants:

• You have the right to a written lease. If your landlord refuses, this may be reported to the Rental Housing Tribunal.
• If you’re being evicted without a court order you can apply for urgent relief and report the matter to SAPS.
• You can complain to Rental Housing Tribunal free of charge, and they can issue binding rulings.

For Landlords:

• If your tenant is in breach (e.g. not paying rent), you must follow proper notice procedures under the Lease and Rental Housing Act. After that, you may approach the Magistrate’s Court for eviction, with no shortcuts.
• Document everything: inspections, correspondence, and payments. This is vital for protecting yourself in a dispute.
• Consider updating your lease agreement in line with recent legal developments as too many landlords still use outdated templates.

Conclusion

With the Tribunal overwhelmed in many provinces and courts scrutinising eviction matters closely, it’s crucial to get legal advice early on. Whether you’re a landlord trying to recover unpaid rent, or a tenant facing eviction, understanding the legal process and acting within it is the key to avoiding costly mistakes.

Rental law isn’t just about property. It’s about people. And in 2025, protecting your rights starts with being informed and prepared.

Feel free to contact an expert at SchoemanLaw if you are experiencing challenges with a landlord/tenant dispute.