Three steps to resolving rental disputes
RE/MAX shares tips to resolve rental disputes amicably.
Disputes between tenants and their landlords are very common. Some disputes can escalate to where an amicable solution cannot be found between the two parties.
In these scenarios it is important to know the lease, know your rights and involve a professional mediator to help resolve the issues.
Regional director and CEO of RE/MAX of Southern Africa, Adrian Goslett, explains it is better to attempt resolving the matter amicably.
“Having matters escalate to the Rental Housing Tribunal or the court system can be lengthy and tiring. If you are a tenant, you may also be asked for references from your previous landlord, so it’s better to leave on good terms if you can. As a landlord, you also don’t want to get into costly legal battles over misunderstandings that could have been avoided.”
To help tenants and landlords resolve disputes more amicably, RE/MAX of Southern Africa shares the three steps to follow when disagreements arise:
1. Carefully review the lease agreement
Know the details of the terms as stated in the lease agreement before you pursue any action towards resolving a dispute. You might think you know what was covered in the contract but can sometimes forget the exact terminology in question and the wording can make a big difference. As you read through the agreement again, explore whether you may be wrong. If you find that you are, apologise to your landlord or tenant and negotiate an amicable solution.
“It is important to work with a legal professional or rental expert to have your lease agreement professionally drafted and reviewed before you sign it, as this will be the number one protection for all parties when disputes occur,” warns Goslett.
2. Understand your rights
One of the best ways to resolve a rental conflict is to understand the rights of both parties in terms of South African law. For example, a tenant has the right not to have their person, property or residence searched without consent or prior agreement. They also have the right not to have their possessions seized without a court order and the right to privacy of communication.
On the other hand, landlords have the right to receive prompt and regular rental payments, as well as to recover a debt after a court order is issued. They also have the right to terminate a lease agreement if any of the terms agreed upon are not honoured by the tenant and to claim compensation for damages or improvements.
Landlords also retain the right to receive their property back in a good state.
3. Utilize the Rental Housing Tribunal
When facing a deadlock, landlords and tenants can seek counsel from the Rental Housing Tribunal (RHT). This can be more favourable than going through the costly process of taking a matter to court.
In South Africa, the RHT can investigate your situation and assist you in resolving the dispute. This also means that your conflict is heard for free and you don’t require a lawyer (but you may have one present if you prefer).
Rental disputes are seldom easy to deal with and can be a drain on one’s time. That’s why Goslett recommends partnering with a real estate professional to help manage the rental property on the owner’s behalf.
