Common maintenance and end-of-lease disputes: A tenant’s guide to resolving issues

Moving out of a rental home should be a straightforward process, but for many tenants, it can turn into a stressful battle over deposits, maintenance, and unexpected charges. Have you ever worried about getting your full deposit back or wondered who’s responsible for fixing that leaky tap before you leave? You're not alone. Disputes between tenants and landlords are common, but the good news is that knowing your rights and responsibilities can help you avoid unnecessary headaches.

In this guide, we’ll walk you through the most frequent rental disputes, how to resolve them, and the steps you can take to protect yourself. Whether you’re currently renting or planning to move out soon, this information will help ensure a smooth and fair transition.

Common end-of-lease disputes

1. Deposit deductions

A major point of contention at the end of a lease is the return of the deposit. Landlords may withhold part or all of the deposit for reasons such as:

• Alleged damages beyond normal wear and tear
• Unpaid rent
• Outstanding utility bills

However, deductions must be justified, and tenants have the right to request proof of damages or arrears. If you think a deduction is unfair, you have every right to challenge it through legal channels. The best way to protect yourself? Keep copies of all rent payments and document the property’s condition with photos when you move in and again when you move out. This way, you’ll have solid evidence in case any disputes arise.

2. Repairs and maintenance responsibilities

Conflicts often arise regarding property repairs before moving out. Lease agreements should clearly outline maintenance obligations to avoid disputes. Generally:

• Tenants are responsible for minor repairs and damage they have caused.
• Landlords must handle structural and major maintenance issues.

A thorough review of the lease agreement before vacating can clarify these responsibilities. Tenants should also notify landlords in writing of any major maintenance concerns during the lease to avoid disputes at the end.

Start out your lease period on the right footing by ensuring an entry inspection is done with the landlord or rental management agent present, document all the problems, and include photographs where necessary. an outgoing inspection should be conducted within three days before the tenant vacates the property or on the last day of the lease, as mandated by the Rental Housing Act. 

3. Fair wear and tear vs. damage

Tenants are only liable for actual damage to the property. Landlords cannot charge for normal wear and tear, which includes:

• Faded paint or minor scuff marks on walls
• Worn carpets due to normal foot traffic
• Small nail holes from hanging pictures

However, more significant damage—such as large holes in walls, broken fixtures, or stained carpets—may warrant deductions from the deposit. Again, tenants can protect themselves by taking dated photographs at the start and end of the lease, which serves as proof of the property's condition. Also, communicate any damage immediately with the rental agent or landlord, and keep a record of this communication. If, for example, a minor maintenance issue is being ignored and causes bigger damage you will have evidence that you were trying to mitigate the issue.

4. Unfair evictions or charges

Some landlords may attempt to impose unfair penalties or evictions. However, tenants are protected under the Rental Housing Act and should be aware of their rights. An unfair eviction may occur if the landlord:

• Attempts to evict without following the proper legal process
• Imposes extra charges not stated in the lease
• Changes locks or removes belongings without a court order

If facing an unjust eviction or charge, tenants can dispute the issue with the Rental Housing Tribunal (RHT).

Steps to Resolve Disputes

1. Comparison inspections

Entry and exit inspections must be compared to establish and clarify any changes in the condition of the property.

Both the entry and exit inspection reports are part of the tenant-landlord agreement, and both must sign their acceptance, and each must hold a copy of the agreement.

Interior and exterior inspections

The following should be noted during the inspections:

Exterior:

• Condition of roof, gutters, downspouts, foundation, drains, and exterior walls.
• Landscaping features including the responsibilities of maintaining the garden and to what level.
• Condition of the paving, be that on the driveway, sidewalks, parking and entertainment areas.
• Condition of fences, gates, security features, or other outdoor structures such as umbrella’s, fire pits and braai facilities etc.

Interior:

• Condition of the interior walls, floors, ceilings, and paint colours.
• Doors and windows locking mechanisms and their working condition.
• All appliances or fixtures provided by the landlord should be working order.
• Smoke detectors, air conditioners, and alarm systems should be working include their components, such as remotes, key pads, and wall operating systems.
• Plumbing and electrics must be thoroughly checked including for leaks, damage, pressure, shower heads, pipes, switches and outlets, fans, light fixtures, electric panel, filters, thermostats, etc.

Overall safety across all aspects of the inspections must be assured.

2. Attempt to negotiate

If disagreements arise, tenants and landlords should first try to resolve them through direct communication. Keeping discussions professional and documented can prevent unnecessary legal disputes. It is best to communicate in writing, such as via email, to maintain records of all discussions.

3. Lodge a complaint with the Rental Housing Tribunal (RHT)

If a landlord unfairly withholds a deposit or refuses to address legitimate maintenance concerns, tenants can file a complaint with the provincial RHT. This service is free, and the tribunal will:

• Investigate the complaint
• Mediate between the tenant and landlord
• Hold a hearing if necessary

Landlords can also take complaints to the tribunal if tenants refuse to pay for damages they are responsible for. The RHT has the authority to make legally binding decisions.

4. Consider legal action

If mediation fails, legal action may be required. Options include:

• Small Claims Court – For disputes up to R20,000.

• Magistrate’s Court – For larger claims or complex legal matters.

Taking legal action should be a last resort due to the time and cost involved. However, it can be necessary when landlords or tenants refuse to cooperate with dispute resolution efforts.

Key Tenant Rights Under the Rental Housing Act

Understanding tenant rights can help prevent disputes and protect against unfair treatment. Key provisions include:

• The landlord must return the deposit within 7 days if no damages are found.

• If deductions apply, the landlord must provide receipts and return the remainder within 14 days.

• Tenants cannot be charged for normal wear and tear.

• Landlords must give tenants proper notice before increasing rent or terminating a lease.

• Tenants have the right to a written lease agreement if they request one.

By being aware of these rights, tenants can confidently challenge unfair treatment and take the necessary steps to protect themselves.

How Tenants Can Protect Themselves

To avoid disputes, tenants can take the following proactive steps:

• Read the lease agreement thoroughly before signing to understand responsibilities.

• Keep records of all payments and maintenance requests to support any claims.

• Document the property's condition at the start and end of the lease with photos and a checklist.

• Communicate in writing to ensure there is a paper trail for any agreements or disputes.

• Attend the final inspection to address any concerns directly with the landlord.

End-of-lease disputes are common but can be resolved through proper communication, legal knowledge, and documentation. Tenants should familiarize themselves with the Rental Housing Act, conduct joint inspections, and escalate disputes through the appropriate channels if necessary. By staying informed and proactive, tenants can ensure a fair and hassle-free transition when moving out, avoiding financial losses and unnecessary stress.