Property Law in a Nutshell
Scheepers and Pretorius Attorneys offer their services and legal advice to individuals who are unsure of their rights.
Property law in South Africa defines, classifies and regulates proprietary rights. Property law is the legislation put in place to govern the various forms of ownership with regards to personal property and real property. Property law can be divided into movable (personal property) and immovable property (real estate or real property). Along with the formal functions of property law in South Africa the aim is also to maintain harmony of individual interests in property and the guaranteed protection of individual rights with regard to property. Real Estate Law deals with everything related to real estate transactions between individuals, societies and/or public entities.
Frequently asked questions.
Can an agreement between a tenant and landlord be made freely? Yes. Negotiations between tenants and landlords can be made freely in South Africa.
Is there a restriction on deposits? There is no restriction on deposits in South Africa, but the amount that needs to be paid as a deposit needs to be stipulated in the contract. Once the tenant has paid the deposit it is the responsibility of the landlord to invest the money in an interest-bearing account. Once the lease is up the landlord must return the money to the tenant with interest.
What rights do tenants and landlords have?
1. A landlord cannot end a fixed term contract before the lease is up.
2. Once the fixed term contract is up, the landlord is able to give the tenant permission to continue to stay in the unit based on a periodic lease.
3. If the contract is terminated or the lease is up and the tenant refuses to vacate the unit, the landlord must obtain a summons from the court. In South Africa, the tenant must be given two weeks of notice before they are evicted. However, if the tenant poses a threat, the landlord may file for a summary judgement which allows the authorities to evict the tenant with immediate effect.
What is rental housing tribunals? Rental housing tribunals are established to resolve disputes using the legislation which is already in place.
Did you know? There are only a handful of provinces in South Africa who have created housing tribunals. The provinces who have created the housing tribunals are Gauteng, Western Cape and North West.
If you or somebody you know is having trouble resolving a dispute related to property law contact Scheepers and Pretorius Attorneys to get legal advice.
