Maintenance Responsibilities

Maintenance Responsibilities in Rental Properties
A clear, practical guide for tenants and landlords (homeowners)
(Applies to free-standing houses, apartments, townhouses, cluster homes, duplexes, flats and similar residential rental accommodations)

In South Africa, the Rental Housing Act 50 of 1999 (as amended, including the 2014 Amendment Act), its Regulations, common law principles, and local municipal bylaws govern maintenance responsibilities for all types of residential rental properties — whether you rent a free-standing house, an apartment in a block, a townhouse in a complex, or any other dwelling.

The basic principle is the same regardless of property type:
The landlord must provide and maintain the property in a condition that is reasonably fit for human habitation (safe, weatherproof, functional, and compliant with health and safety standards).
The tenant must treat the property with reasonable care, carry out day-to-day upkeep, prevent avoidable damage, and promptly report issues.

Fair wear and tear — the normal, gradual deterioration that occurs from ordinary, reasonable daily use over time — is always the landlord’s responsibility.

What counts as fair wear and tear? (Landlord pays)

• Paint fading or light discolouration from sunlight
• Minor scuffs, small marks or nail holes on walls from normal living
• Carpets or laminate flooring wearing in walkways
• Door handles, hinges or cupboard catches becoming slightly loose
• Small plaster cracks from normal house/ building settling
• Faded curtains or blinds from sun exposure
• Minor wear on taps, switches, power sockets from regular use

What is NOT fair wear and tear? (Tenant usually pays)

• Large holes, gouges or serious damage to walls/doors
• Stains, burns, pet damage (unless pets are explicitly allowed)
• Broken glass, smashed fittings or impact damage
• Blocked drains caused by inappropriate items (wipes, nappies, oil, excessive hair)
• Mould caused by poor ventilation, closed windows while cooking/showering, or leaving wet items against walls
• Deliberate or negligent damage to any part of the property

Landlord (Homeowner) Responsibilities
These are the major, structural, capital and systemic items that keep the property safe and habitable.

• Structural and weatherproofing elements
• Roof coverings (tiles, concrete slabs, corrugated sheeting, waterproofing membranes, flashing)
• Foundations, major structural walls, rising damp
• Exterior walls and exterior paintwork (when peeling/cracking allows water ingress or compromises safety)
• Paving, driveways, walkways — major cracking, subsidence or heaving
• Balconies, patios, carports — structural repairs

Major building systems

• Electrical wiring, distribution boards, fixed sockets/outlets, earth leakage protection
• Plumbing pipes (internal and external), major fixtures, municipal water and sewer connections up to the property boundary
• Geysers, fixed stoves/ovens/hobs, built-in heating or ventilation systems
• Common property drains/sewer lines in sectional-title schemes (managed via body corporate)
• Security and access features
• Electric gate motors, garage door motors and openers (including wiring, tracks, sensors, remotes — normal wear/failure)
• Intercom systems and access control panels in complexes
• Electric fencing (wires, energizer, posts, earthing)
• Built-in alarm system infrastructure (wiring, beams, pads — unless tenant caused damage)
• Lift motors and lift doors (in apartment blocks — usually body corporate responsibility)
• Pests and environmental issues
• Structural pest infestations (termites in walls/roof timbers, rodents entering through building defects, wasp nests in roof voids or common areas due to structural issues)
• Major mould caused by leaks, rising damp or construction defects
• Major tree removal when trees threaten the building or foundations
• Sectional-title / complex-specific items (apartments, townhouses, clusters)
• Exterior maintenance of the building envelope (roof, outer walls, windows/doors facing common property)
• Common property elements (lifts, stairwells, passages, parking areas, gardens, pools, boundary walls, perimeter fencing) — usually managed by the body corporate
• Structural repairs to shared walls, foundations, roof of multi-unit buildings
• The landlord (or body corporate in sectional-title schemes) must respond to written reports of defects within a reasonable period (commonly 14 days, depending on the lease or provincial practice).

Tenant Responsibilities
These are the day-to-day and minor maintenance tasks that come with living in the property.

General care and reporting

• Keep the interior clean, tidy and reasonably ventilated
• Use all appliances, fittings and systems reasonably
• Not cause intentional or negligent damage
• Report defects or damage in writing (email/WhatsApp) as soon as they are noticed

Minor items and replacements

• Light bulbs (globes), electrical fittings, switches, plug sockets (unless faulty wiring)
• Washer replacements on dripping taps, minor tap adjustments
• Locks, handles, minor window catches, cupboard catches
• Cleaning and minor adjustments to provided stoves/ovens

Garden / outdoor private areas (free-standing houses, some townhouses)

• Mow lawns, weed, edge, water plants appropriately
• Sweep paved areas, remove leaves/debris
• Keep private garden neat and tidy
• Report major paving, tree or boundary wall issues

Swimming pool (private or complex pool)

• Private pool: keep clean, chemically balanced, maintain pumps/filters/hoses
• Complex pool: follow body corporate rules; report equipment failure

Security and access features

• Use gates, garage doors, intercom and electric fencing carefully (no forcing jammed mechanisms)
• Replace remote batteries when needed
• Not tamper with or damage electric fencing / alarm wiring
• Report faults immediately

Pests

• Maintain good hygiene practices to help prevent pest problems:
• Seal food in airtight containers
• Manage rubbish properly and remove it regularly
• Clean up spills, crumbs and food residues promptly
• Handle and pay for routine pest control for pests commonly caused or worsened by tenant habits (e.g. ants, cockroaches, flies, and rodents attracted by food sources or poor cleanliness).
• During the first 6 weeks of a new tenancy, the landlord is responsible for all pest control, including any treatment, fumigation or inspections needed to ensure the property is free of pests at the start of the lease.
• After the initial 6-week period, pest control becomes the tenant’s responsibility. This includes the cost and arrangement of any inspections, treatments, or preventive measures required to keep the property pest-free.

Drains and plumbing

• Prevent blockages (no oil, wipes, sanitary items, excessive hair down drains)
• Clear minor sink/shower traps when possible

Interior upkeep

• Ventilate bathrooms and kitchens to prevent mould
• Clean regularly to avoid build-up of dirt or mould
• Avoid unnecessary alterations (painting, fixtures) without written permission

Special notes for apartments, townhouses and sectional-title properties
Many exterior and common-area responsibilities belong to the body corporate (not the individual landlord).
The landlord is still responsible for the inside of your unit and for ensuring the body corporate maintains common elements.

Body corporate rules and levies often cover exterior paint, roof repairs, lifts, pools, gardens, electric fencing around the complex, and gate motors for shared entrances.

Tenants must comply with body corporate conduct rules (noise, pets, parking, refuse disposal, etc.).

Practical tips for a smooth, long-term tenancy
Do joint incoming, interim (yearly or every 18 months) and outgoing inspections with photos and a written condition report.

Tenants — always report issues in writing and keep copies.

Landlords — acknowledge reports and keep tenants informed of progress.

Read the lease carefully — it may detail extra responsibilities, but it cannot remove your basic rights under the Rental Housing Act.

If there is a dispute — contact your provincial Rental Housing Tribunal. It is free, relatively quick, and its rulings are binding.

When both tenants and landlords understand and follow these guidelines, the property stays in good condition, serious disputes are rare, and long-term tenancies remain pleasant and sustainable.

This guide reflects the Rental Housing Act, common Tribunal decisions, and widely accepted practices across South Africa (2025/2026). Specific situations may vary slightly depending on the lease, provincial regulations, body corporate rules, or unusual property features — but the core fairness principles remain consistent.