South Africa Required Disclosures: Landlord Obligations Before and During Tenancy

South African landlords must ensure transparency at every stage of the tenancy. While the country does not maintain a single exhaustive "disclosure checklist" like some jurisdictions, multiple laws — the Rental Housing Act, the Consumer Protection Act (CPA), and the Property Practitioners Act — together create substantial disclosure obligations.

Pre-Tenancy Disclosures

1. Written Lease Agreement

Under the Rental Housing Act, a tenant has the right to demand a written lease agreement. While oral agreements are technically valid, a written lease is strongly encouraged and forms the basis for all other disclosures. The lease must include:

2. CPA Plain-Language Requirement

If the CPA applies (most residential leases where the landlord acts "in the ordinary course of business"), the lease must be written in plain, understandable language. The tenant must be able to understand the terms without needing legal training.

3. Conspicuous Highlighting of Risk Clauses

Under the CPA, any clause that imposes significant risks or obligations on the tenant must be drawn to the tenant's attention conspicuously. This includes:

• Cancellation penalties
• Escalation clauses
• Penalty or interest provisions
• Liability limitations
• Indemnity clauses

Failure to highlight these clauses may render them unenforceable.

4. Condition of Property Report (Ingoing Inspection)

The Property Practitioners Act and the Rental Housing Act require an ingoing inspection to be conducted before the tenant takes occupation. The Condition of Property Report must:

• Document the condition of every room, window, door, fixture, and fitting
• Note any existing damage, stains, or defects
• Be signed by both landlord and tenant
• Include photographs where possible
• Be attached to the lease agreement

This report protects both parties during the deposit refund process at lease end.

During-Tenancy Disclosures

5. Deposit Interest Disclosure

Landlords must disclose and provide written proof of interest earned on the tenant's security deposit upon request at any time during the lease. This includes:

• The financial institution holding the deposit
• The interest rate applied
• The total interest accrued

6. Rent Increase Notice

Any proposed rent increase must be communicated in writing with adequate notice (at least one to two months before the increase takes effect). The notice should state:

• The new rental amount
• The effective date
• The basis for the increase (e.g., CPI, market rate)

7. Lease Expiry Notice (CPA)

Under Section 14 of the CPA, landlords must provide written notice of a lease's approaching expiry between 40 and 80 business days before the end date. This gives the tenant sufficient time to decide whether to renew, renegotiate, or vacate.

8. Access and Entry Notice

While there is no specific statutory notice period for landlord entry in national law, landlords must respect the tenant's right to privacy. Entry to the property should only occur:

• With prior arrangement and the tenant's consent
• In genuine emergencies (fire, flood, burst pipe)
• For scheduled inspections as agreed in the lease

End-of-Tenancy Disclosures

9. Outgoing Inspection

An outgoing inspection must be conducted with both parties present. The landlord must disclose:

• Any damage identified (compared against the ingoing report)
• Estimated or actual repair costs
• Any deductions to be made from the security deposit

10. Itemized Deduction Statement

When making deductions from the security deposit, the landlord must provide an itemized statement including:

• A description of each deduction
• The cost of each item (with supporting receipts or quotes)
• The remaining balance to be refunded

Prohibited Disclosure Practices

Landlords must not include or enforce the following in lease agreements:

• Clauses requiring tenants to waive their legal rights
• Excessive or punitive cancellation penalties
• Provisions that are excessively one-sided or unfair
• Hidden charges not disclosed at signing
• Blanket indemnity clauses that attempt to shield the landlord from all liability

Best Practices for Landlords

1. Use a comprehensive written lease — cover all required topics and have it reviewed by an attorney
2. Conduct detailed ingoing inspections — document everything with photos and checklists
3. Highlight risk clauses — use bold text, a different font, or a separate signature block for CPA-required clauses
4. Keep disclosure records — retain copies of all notices, inspection reports, and interest statements
5. Provide deposit information proactively — don't wait for the tenant to ask
6. Issue expiry notices on time — diarise the 40-to-80-business-day window before lease end

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