Maintenance and Repair Issues

During the lease signing process tenants should understand their contractual obligations that are clearly outlined in the lease agreement, particularly those regarding property maintenance and repair issues.  There seems to be confusion regarding who is liable for the cost of various elements that can occur within a residential rental. Tenants are advised to report defaults and defects immediately (within 2 weeks of occupation).  Failing which they could be liable due to lack of timeous attention to the initial problem.  Our advice is that the tenant and landlord should jointly inspect the property for any damages.  The landlord can deduct the repair expenses from the tenant’s deposit for any damages or cleaning required.

It is the landlord’s responsibility to:

• Ensure the property is compliant in terms of the health and safety regulations
• Ensure structural maintenance of the property
• Maintain electrical wiring, plumbing, and swimming pool pumps & leaks
• Paint the exterior walls after years of peeling
• Be responsible for major garden projects such as tree felling and insect eradication

It is the tenant’s responsibility to:

• Ensure the garden is trimmed
• Inform the landlord and seek approval of any changes they wish to do internally such as painting, hanging of pictures, adding ceiling fans etc. 
• Return the property in the same condition it was at the beginning of the lease term