Tenant Rights: What Landlords Cannot Do
South African tenants have strong legal protections under the Rental Housing Act and the PIE Act. Here is what your landlord legally cannot do, and what to do if they try.
Key Takeaways
- Landlords cannot evict you without a court order
- Landlords cannot change locks or remove your belongings
- Landlords must maintain the property in a habitable condition
- You have the right to privacy — landlord cannot enter without notice
- Unfair rental practices can be reported to the Rental Housing Tribunal
Protection from unlawful eviction
The PIE Act (Prevention of Illegal Eviction) protects tenants from being evicted without a court order. Even if you have not paid rent, the landlord cannot remove you without going through the courts.
- Cannot evict without a court order
- Cannot change locks while you are still in occupation
- Cannot remove your belongings without a court order
- Cannot cut off water or electricity to force you out
Right to a habitable property
Under the Rental Housing Act, landlords must maintain the property in a habitable condition. This includes maintaining the roof, plumbing, electrical systems, and ensuring the property is structurally sound.
- Roof must not leak
- Plumbing and electrical must be functional
- Property must be structurally safe
- Landlord responsible for repairs unless tenant caused damage
Where to complain
If your landlord violates your rights, you can approach the Rental Housing Tribunal in your province. It is free, and the tribunal can order the landlord to fix the problem or reduce your rent.
- Rental Housing Tribunal is free to use
- Can order repairs, rent reduction, or compensation
- Landlord cannot evict you for complaining
- Also report to Consumer Protection Act if applicable
Ready to see your own numbers?
Use the Eviction Notice Generator