Landlord or rental property owner, know your obligations

While there are duties and obligations on tenants such as looking after the property and keeping it in a good state, conducting themselves properly and paying the rent on time, it is often overlooked that there are also obligations on landlords.

According to Mulder Attorneys, both tenant and landlord should enter into a letting agreement openly and honestly. Good relations between the parties are vital and keeping on good terms with your tenant will protect your property asset.

In as much as the tenant has certain obligations, the landlord should also meet their obligations. The prime duty here is to provide the tenant with a property which is in a good state and to give the tenant occupation and control of the property without undue interference.

While the tenant must look after the property, Mulder Attorneys say it is the responsibility of the owner to maintain the property in its proper condition, subject to fair wear and tear (defined as the 'unavoidable consequence of the passage of time').

The property owner (or landlord as the case may be) should therefore attend to necessary and normal repairs timeously and adequately. The deposit cannot be used for anything and must remain in an interest bearing account until the termination of the lease. If there are costs for the tenants account, it must be agreed upon and invoiced to the tenant for payment.

A second vital obligation of the property owner or landlord is to ensure that the tenant can have undisturbed use and enjoyment of the property. This includes:

The landlord may not unlawfully interfere with the tenant's rights, but can enter the property in certain circumstances to interfere lawfully. This might be in the event where the tenant has to vacate the premises temporarily to allow for vital repairs. While the landlord/owner has a right of inspection, it must always be done in a reasonable manner.

The owner must protect the tenant against being disturbed by 'third parties' who may claim a stronger right to the property than the tenant. For example, if you sub-let property from a lessee whose lease is invalid for whatever reason, you could be evicted by the original owner of the property. If this happens, the person who sub-let the property to you is obliged to protect you from being evicted.

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