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What are you not allowed to do as a landlord?

"Being a landlord isn't as straightforward as you might think. While you may own the property you are renting out to a tenant, entering into a landlord-tenant agreement comes with a number of rights and responsibilities to keep in mind," says Gerhard Kotzé, CEO of the RealNet property group.

"Landlords must adhere to the specific regulations outlined in the Rental Housing Act and Consumer Protection Act when managing their properties and dealing with tenants. As a result, there are a few key things you are not allowed to do under any circumstances, such as:

  1. You cannot unexpectedly increase the rent.

When adjusting rent, it must align with the terms outlined in the lease agreement. Any increase outside of the provisions in the agreement is not permitted, even if intended to cover expenses related to damage caused by the tenant.

  1. Your tenant's privacy must be respected.

As a landlord, you are not allowed to enter your tenant's property without their consent, except in emergencies or under very specific circumstances outlined by law. Adequate notice must be given when planning an inspection or showing the property to prospective tenants.

  1. You are not allowed to cut off essential services.

You may not disconnect your tenant's access to water or electricity, even if they are behind on rent. Tenants have a legal right to these services, and you must follow the correct legal procedures to address overdue payments. If the tenant still refuses to pay, you can pursue legal action, which may eventually lead to an eviction order.

  1. You are required to maintain the rental property in good and habitable condition.

This means carrying out repairs as needed to uphold health and safety standards. Neglecting these duties or ignoring emergency repairs could entitle tenants to take legal action against you.

  1. You cannot unlawfully lock tenants out to evict them without following the proper legal process.

Evictions must always be conducted with regard for your tenant's rights and dignity. Locking a tenant out without a court order is illegal.

While there are many benefits to being a landlord, you must always consider your tenants' rights-not only for the sake of the relationship but also to avoid potential legal trouble."


18 Dec 2024
Author RealNet
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