Rental deposits in SA: the rules landlords and tenants get wrong
5 min read · General information, not legal advice
Quick answer
Under the Rental Housing Act 50 of 1999, a tenant's deposit must be kept in an interest-bearing account, the interest belongs to the tenant, and the property must be inspected jointly before move-in and before move-out. Skip the inspections and the landlord may have to refund the full deposit plus interest — even if there's damage.
The refund timelines
If nothing is owed: refund within 7 days of the lease ending. If repairs are needed: within 14 days of the property being restored. If the tenant doesn't attend the outgoing inspection after being asked: the landlord has 21 days to inspect alone and refund.
Deductions need proof
The landlord must be able to show receipts for repair costs deducted from the deposit. 'Fair wear and tear' — faded paint, worn carpets from normal use — can't be charged to the tenant.
Cancelling early
Where the tenant is a consumer, the Consumer Protection Act allows cancellation on 20 business days' notice, subject to a reasonable penalty. And no one may be evicted without a court order under the PIE Act.
Templates for this
