How Rental Deposits Work Under Section 5 of the Rental Housing Act
In South Africa, residential rental deposits are strictly regulated by Section 5(3) of the Rental Housing Act 50 of 1999 (as amended by the Rental Housing Amendment Act 43 of 2007). While a landlord may require a deposit before you take occupation—typically ranging from 1 to 2 months' rent depending on credit risk and whether the unit is furnished—that money remains your capital held in security for lease obligations.
Your Statutory Rights Under Section 5(3)(d)–(j):
- • Interest-Bearing Account: A private landlord must invest your deposit in an interest-bearing account with a financial institution at a rate not less than a basic savings account at that institution.
- • Written Proof on Request: You may demand written statements from the landlord or PPRA-registered property practitioner showing the exact interest accrued on your deposit at any point during the tenancy.
- • Mandatory Joint Inspections: Both parties must conduct a joint incoming inspection before move-in (Section 5(3)(e)) and a joint outgoing inspection within 3 days before the lease expires (Section 5(3)(f)), supported by a signed defect list and dated photographs.
If a property practitioner registered with the Property Practitioners Regulatory Authority (PPRA) holds your deposit in a statutory trust account under the Property Practitioners Act 22 of 2019, check the written lease mandate before signing to confirm that the deposit is invested for your benefit and that any administrative deduction from trust interest is explicitly disclosed. Never transfer a deposit before verifying the agent's active Fidelity Fund Certificate (FFC).