Unfortunately, disputes between tenants and their landlords are very common. Some disputes can even escalate to the point where an amicable solution cannot be found. What happens when tenants and landlords cannot resolve a conflict between themselves? We’re here to help you find the answer. Here are 3 tips on how to handle rental disputes.
1. Go over your lease agreement very carefully
Whether you’re the tenant or the landlord, it’s important that you know every single detail in the lease agreement before you pursue any action towards resolving a dispute. You might think you know what was covered in the contract, but you can sometimes forget the exact terminology in question.
As you read through the agreement again, explore whether you may be wrong. If you find that you are, simply apologise to your landlord or tenant and negotiate an amicable solution. This is also why it’s important to work with a legal professional or rental expert (such as RE/MAX) to have your lease agreement professionally drafted and reviewed before you sign it. At the end of the day, this is the number one protection for all parties in a dispute.
2. Understand tenant vs landlord rights in South Africa
One of the best ways to find a path to resolving a conflict with your landlord or tenant is to understand the rights of either party in terms of South African law. For example, a tenant has the right not to have their person, property or residence searched without consent or prior agreement. They also have the right not to have their possessions seized without a court order and the right to privacy of communication.
On the other hand, landlords have the right to receive a prompt and regular rental payment, as well as the right to recover a debt after a court order is issued. They also have the right to terminate a lease agreement if any of the terms agreed upon are not honoured by the tenant and to claim compensation for any damages or improvements. Landlords also retain the right to receive their property back in a good state.
3. Seek counsel from the Rental Housing Tribunal
When facing a deadlock, landlords and tenants can always seek counsel from the Rental Housing Tribunal (RHT). This can be more favourable than going through the costly process of going to court. In South Africa, the RHT can proceed to investigate your situation and assist you in resolving the dispute. This also means that your conflict is heard for free and you don’t require a lawyer (but you may have one present if you’d prefer). Once the RHT has made a decision, it carries the same weight as a court order in South Africa and this usually puts the matter to bed.
Always aim to keep it amicable
Unfortunately, taking things to the Rental Housing Tribunal, or even to the court system, can be a lengthy and tiring process. This is why it’s always better to try and resolve the matter amicably if you can. If you’re a tenant, you may also be asked for references from your previous landlord one day, so it’s always a good idea to leave on good terms. As a landlord, you also don’t want to get into any costly legal battles over misunderstandings – mediation is almost always the better, more cost-efficient solution.
One of the best ways to maintain healthy rental agreements is to work with professional agents, like those at your local RE/MAX office, who can act as the mediator between landlords and tenants and offer advice and support to both parties.
