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Cape Town - As renting property is often a relatively long-term arrangement, establishing and maintaining a healthy landlord-tenant relationship is key, according to Marlon Shevelew, director of Marlon Shevelew and Associates, a firm specialising in landlord and tenant law and consumer law."
"It’s important that landlords are aware of and live up to their obligations to their tenants and equally important for tenants to be aware of and fulfil their responsibilities in renting property," says Shevelew.
"If each party abides by their respective set of guidelines, it’s likely that the relationship will remain a positive one."
As a tenant, you have a right to enjoy your property privately, undisturbed by others.
At the same time, you have the responsibility to pay the rent on time, keep the property reasonably clean and tidy, let the landlord know as soon as you discover damage or the need for repairs and to be a good neighbour and not disturb those around you.
When your lease comes to an end, you are obliged to leave the property in a reasonably tidy condition, remove all your personal belongings and leave behind all the furniture and fittings that belong to the landlord.
As a landlord, you have the right to enter the premises in an emergency if you have the tenant’s permission (usually obtained within a required 48 hour notice period).
You have the right to receive rent when it is due, set an amount for the deposit, inspect the premises when the tenant leaves and retain a reasonable percentage of the deposit if the tenant has caused damage during their occupancy or if there is any rent outstanding.
Conversely, the landlord is obliged to provide a written and signed lease agreement, provide the property in a reasonably clean state, and keep the premises in a reasonable state of repair.
If the property is due to be sold, you are required to give the tenant written notice. If repairs or maintenance are required, you are obliged to give the tenant at least 24 hours notice.
While these lists are not exhaustive, it is important that both parties are aware of their responsibilities and rights and that they operate according to a mutual understanding.
Martin Goodman, director of Rentshield, believes that, even if the relationship starts positively, if either party doesn’t live up to their responsibilities, it can spell disaster.
“Poorly maintained properties and developments amount to unhappy tenants," says Goodman.
"Even if the tenant has the best intentions to pay on time, when general maintenance is not done in a timely manner (or at all), this leaves a bad taste in the tenant’s mouth and their behaviour may change. It is likely that a good tenant may turn into a bad tenant as a result.”
Ultimately, timely maintenance serves two purposes – the first being property-specific in so far as a well maintained property is a property that carries the most value. The other purpose is that it keeps tenants happy.
"A happy tenant pays well and on time and is not in conflict with their landlord over maintenance issues that can very quickly sour the relationship,” he adds.
"It’s important that landlords are aware of and live up to their obligations to their tenants and equally important for tenants to be aware of and fulfil their responsibilities in renting property," says Shevelew.
"If each party abides by their respective set of guidelines, it’s likely that the relationship will remain a positive one."
As a tenant, you have a right to enjoy your property privately, undisturbed by others.
At the same time, you have the responsibility to pay the rent on time, keep the property reasonably clean and tidy, let the landlord know as soon as you discover damage or the need for repairs and to be a good neighbour and not disturb those around you.
When your lease comes to an end, you are obliged to leave the property in a reasonably tidy condition, remove all your personal belongings and leave behind all the furniture and fittings that belong to the landlord.
As a landlord, you have the right to enter the premises in an emergency if you have the tenant’s permission (usually obtained within a required 48 hour notice period).
You have the right to receive rent when it is due, set an amount for the deposit, inspect the premises when the tenant leaves and retain a reasonable percentage of the deposit if the tenant has caused damage during their occupancy or if there is any rent outstanding.
Conversely, the landlord is obliged to provide a written and signed lease agreement, provide the property in a reasonably clean state, and keep the premises in a reasonable state of repair.
If the property is due to be sold, you are required to give the tenant written notice. If repairs or maintenance are required, you are obliged to give the tenant at least 24 hours notice.
While these lists are not exhaustive, it is important that both parties are aware of their responsibilities and rights and that they operate according to a mutual understanding.
Martin Goodman, director of Rentshield, believes that, even if the relationship starts positively, if either party doesn’t live up to their responsibilities, it can spell disaster.
“Poorly maintained properties and developments amount to unhappy tenants," says Goodman.
"Even if the tenant has the best intentions to pay on time, when general maintenance is not done in a timely manner (or at all), this leaves a bad taste in the tenant’s mouth and their behaviour may change. It is likely that a good tenant may turn into a bad tenant as a result.”
Ultimately, timely maintenance serves two purposes – the first being property-specific in so far as a well maintained property is a property that carries the most value. The other purpose is that it keeps tenants happy.
"A happy tenant pays well and on time and is not in conflict with their landlord over maintenance issues that can very quickly sour the relationship,” he adds.
