It records what the landlord and tenant agreed, explains what each party must do and provides evidence if a disagreement later develops. Despite this, many residential properties in South Africa are still rented without a signed written lease. 

Some of these arrangements are informal but genuine. 

Others arise because the landlord believes that avoiding a written lease gives the landlord more freedom or makes it easier to remove the tenant. 

That belief can create serious problems. 

A verbal agreement, supported by the conduct of the parties, may still establish a landlord-and-tenant relationship. 

Payment of rent, acceptance of rent, occupation of the property, messages between the parties and agreed arrangements can all become evidence of the rental relationship. 

The current in-force wording of the Rental Housing Act states that a lease does not have to be in writing, but that a landlord must reduce it to writing when requested by the tenant. 

The Act also automatically places certain protections into the rental relationship, whether or not the parties wrote them down. 

The Rental Housing Amendment Act 35 of 2014 was intended to make written leases compulsory.

 However, the official government page continues to state that its commencement must still be proclaimed in a Government Gazette. 

At the time of publication, the safer legal position is therefore to rely on the current operative wording of the Rental Housing Act while still treating a written lease as essential good practice.

Why do some landlords choose not to have a written lease?

Landlords avoid written leases for several different reasons. Not all of these reasons are dishonest, but most create unnecessary risk.

1. The arrangement began informally

A property may be rented to:

• A family member
• A friend
• A colleague
• A long-standing occupant
• Someone referred by a trusted person

The parties may agree on the rent verbally and believe that a formal document is unnecessary because they know and trust each other. Unfortunately, relationships change. A friendly understanding can become a serious disagreement when rent is late, repairs are needed, another person moves into the property or one party wants the arrangement to end. A written lease is not an indication of distrust. It is a record of what both parties understood while the relationship was still cooperative.

2. The landlord wants to avoid paperwork or professional costs

Some landlords believe that a lease is complicated or expensive. They may download an unsuitable template, postpone preparing the document or allow the tenant to move in before the paperwork is complete. Once the tenant is in occupation and paying rent, the landlord may never return to the issue. This creates greater costs later. A disputed deposit, unclear utility responsibility, unlawful cancellation or failed eviction process can cost far more than preparing a suitable lease at the beginning.

3. The landlord wants a flexible month-to-month arrangement

Some landlords believe that a written document automatically creates a long fixed-term commitment. It does not have to. A properly prepared written lease can record a month-to-month arrangement, a fixed term or another lawful structure. It can clearly state the required notice, payment date, escalation method and obligations of the parties. Flexibility and proper documentation are not opposites.

4. The landlord believes that no lease makes eviction easier

This is one of the most dangerous misconceptions. A landlord may think: “There is no signed lease, so the tenant has no right to remain in the property.” The position is not that simple. If the tenant originally occupied the property with the landlord’s permission and paid rent that the landlord accepted, there may still be a valid rental relationship. Even after that right of occupation has been lawfully terminated, the landlord cannot simply remove the tenant. The Constitution and the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act require a court order before a person may be evicted from their home. A court must consider the relevant circumstances and determine a just and equitable date for the occupier to vacate. No written lease does not give a landlord the right to:

• Change the locks
• Remove the tenant’s belongings
• Physically remove the tenant
• Prevent access to the home
• Search the tenant’s possessions
• Treat the tenant as though no rental relationship ever existed

Avoiding a lease may actually make lawful cancellation more difficult because the parties may disagree about the terms that were originally agreed.

5. The tenant has occupied the property for many years

A landlord may have inherited a tenant when buying a property or taken over an arrangement previously managed by someone else. There may be:

• No original lease
• An expired lease
• A missing lease
• A lease signed by a previous owner
• Only WhatsApp messages and payment records
• A long-standing verbal agreement

This is exactly when the relationship should be reviewed and properly documented. However, a landlord cannot simply present a new agreement containing materially different terms and treat the tenant’s refusal to sign as automatic misconduct. Official government tenant guidance notes that where a verbal arrangement already exists, new terms should be negotiated and agreed rather than imposed as though they had always applied.

6. The landlord wants to avoid creating a formal record

In some cases, the landlord may deliberately avoid a written lease because the landlord does not want a clear record of:

• The rental amount
• The deposit
• Cash payments
• The property being rented
• Additional occupants
• Utility charges
• The condition of the dwelling
• The landlord’s responsibilities
• An unlawful structure or subdivision

Avoiding documentation does not remove legal obligations. It usually creates a greater evidentiary problem for both parties and may make the landlord appear less credible if a dispute reaches the Rental Housing Tribunal or a court.

Why a written lease protects the landlord

A good written lease provides clear evidence of the agreement. It should record:

• The landlord and tenant’s full details
• The property being rented
• The commencement date
• The rental amount
• The date on which rent must be paid
• The deposit
• The lease period
• The escalation method
• Utility responsibilities
• Permitted occupants
• Maintenance responsibilities
• Inspection arrangements
• House rules
• Pet conditions
• Subletting restrictions
• Notice procedures
• Breach procedures
• Cancellation provisions
• Addresses for formal communication
• Signatures and dates

The Rental Housing Act identifies essential information that should appear when a lease is reduced to writing, including the parties, the dwelling, rent, escalation, deposit, lease period, notice requirements, obligations and additional charges. 

It also requires applicable house rules and a defect list to be attached. 

Without this information, a landlord may struggle to prove:

 

• Whether rent was due on the first or seventh day
• Whether water was included
• Whether the tenant agreed to an escalation
• Whether pets were permitted
• Whether another person could occupy the property
• Whether the tenant paid a deposit
• How much notice was required
• Which defects existed before occupation
• What constituted a breach

A written lease does not guarantee that the tenant will comply.

It gives the landlord a much stronger basis for showing what compliance required.

Why a written lease protects the tenant

The lease also protects the tenant. It gives the tenant a written record of:

• The agreed rent
• The payment date
• The deposit paid
• The length of the tenancy
• The permitted use of the property
• The occupants accepted by the landlord
• Utility charges
• Maintenance responsibilities
• The notice period
• Agreed renewal rights
• The condition of the property at occupation

Without a written lease, a tenant may face claims that:

• The agreed rent was higher
• An escalation was discussed verbally
• A payment was for something other than rent
• The deposit was smaller
• Certain damage did not exist before occupation
• A visitor was an unauthorised permanent occupant
• The tenant agreed to pay all repairs
• A shorter notice period applied

A written agreement helps prevent the person with the strongest personality from later rewriting the history of the arrangement.

What protections does a tenant have without a written lease?

A tenant does not lose statutory protection merely because the landlord failed to provide a written document.

1. The verbal rental agreement may still be binding

The current Rental Housing Act recognises that a lease need not be written. 

Government tenant guidance also confirms that a verbal agreement may be binding. 

The difficulty is not necessarily validity. 

The difficulty is proving the exact terms.

 Evidence may include:

• Bank payments
• Rent receipts
• WhatsApp messages
• Emails
• Advertisements
• Proof of deposit
• Utility statements
• Witnesses
• Photographs
• Payment references
• Messages discussing notice or rent increases

2. The tenant may request a written lease

Under the current operative wording of the Rental Housing Act, the landlord must reduce the lease to writing when requested by the tenant. The tenant should make the request in writing and retain proof. The written version should record the terms already agreed. It should not be used to introduce unexpected obligations without the tenant’s agreement.

3. Certain statutory terms apply automatically

The Rental Housing Act states that certain terms are deemed to form part of the lease and that these standard provisions may not be waived by either party. This is important. A landlord cannot avoid these protections merely by saying: “There is nothing in writing.”

4. The tenant is entitled to written receipts

The landlord must provide a written receipt for payments received from the tenant. The receipt must identify the dwelling and indicate whether the payment was for rent, arrears, a deposit or another purpose. It should also identify the period to which the payment relates. This protection applies even when the overall lease was verbal. A tenant paying cash should insist on a proper receipt immediately.

5. Deposit protections still apply

The lack of a written lease does not allow the landlord to treat the deposit as ordinary income. 

The Rental Housing Act requires the deposit to be invested in an interest-bearing account. 

The tenant may request written proof of the interest accrued. The Act also regulates the return of the deposit:

• Where nothing is owed, the deposit and interest must generally be refunded within seven days after the lease expires.
• Where lawful deductions are made following the relevant inspection process, the balance must generally be refunded within 14 days after the property is restored to the landlord.
• Where the tenant fails to attend the outgoing inspection after being requested to do so, the landlord must inspect within seven days after expiry and generally return the remaining balance within 21 days.
• Receipts supporting repair deductions must be available to the tenant.

6. The tenant is protected by inspection requirements

The Act requires the landlord and tenant to inspect the property jointly before occupation to record existing defects or damage. 

A further joint inspection must be arranged near the end of the lease to determine whether damage occurred during the tenancy. 

When there is no written lease or defect list, photographs, videos and messages recorded at occupation become particularly important.

 A landlord who fails to conduct the required outgoing inspection in the tenant’s presence may lose the right to claim against the deposit for damage.

7. The tenant retains privacy rights

The tenant has the right to privacy during the tenancy. 

A landlord may inspect the property only in a reasonable manner and after giving reasonable notice. 

The Act also protects the tenant against unlawful searches and the seizure of possessions without lawful authority and a court order. 

These rights do not depend on a clause in a written lease.

8. The tenant remains protected against unfair discrimination

A landlord may not unfairly discriminate when advertising, negotiating or administering a lease. 

The protection applies during the rental relationship and extends to members of the tenant’s household and genuine visitors. 

The absence of a written lease does not remove this protection.

9. The tenant cannot be evicted without a court order

Even where:

• Rent is unpaid
• The verbal agreement has been cancelled
• The landlord wants the property back
• The relationship has broken down
• There is no signed document

The landlord must still follow the lawful process. 

The Rental Housing Act recognises the landlord’s right to recover unpaid rent and repossess the property, but recovery or repossession requires a Tribunal ruling or court order where applicable. 

The PIE Act separately regulates residential eviction and requires the court to consider whether eviction is just and equitable. 

The absence of a written lease may affect what must be proved, but it does not authorise self-help.

10. The tenant may approach the Rental Housing Tribunal

A tenant or landlord may lodge a complaint with the Rental Housing Tribunal regarding an alleged unfair practice. 

The Tribunal may investigate, mediate and conduct a hearing. 

It may order compliance, address unfair practices and make rulings aimed at ending issues such as unacceptable living conditions, exploitative rentals or lack of maintenance. 

Official Gauteng Tribunal material confirms that both landlords and tenants may lodge complaints and that Tribunal rulings are binding.

No written lease does not remove the tenant’s obligations

Tenant protection does not mean that the tenant may occupy the property without responsibility. 

The tenant must still:

• Pay the agreed rent
• Pay authorised charges that formed part of the agreement
• Use the property for the agreed purpose
• Take reasonable care of the property
• Avoid causing damage
• Respect the landlord’s ownership
• Comply with lawful agreed rules
• Vacate after the tenancy has been lawfully terminated and any required process completed

The landlord retains the right to prompt and regular payment, recovery of unpaid rent, compensation for tenant-caused damage and lawful repossession after obtaining the required order.

 A verbal lease is not a licence for either party to disregard the other’s rights.

What should a landlord do when there is currently no written lease?

The landlord should not wait for a dispute. 

The practical approach is to:

1. Record the existing agreed terms.
2. Confirm the current rental amount and payment date.
3. Confirm the deposit held and how it is invested.
4. Record all authorised occupants.
5. Clarify utility responsibilities.
6. Conduct and record a property-condition review.
7. Discuss the proposed written lease with the tenant.
8. Allow the tenant to read and question the document.
9. Obtain signatures from all required parties.
10. Give every party a complete signed copy.
11. Store the lease, annexures and inspection records safely.
12. Update the document through signed addenda rather than informal changes.

Do not prepare a document that falsely records new terms as though they were always part of the verbal arrangement. 

Where the parties wish to change the rent, notice period, occupants or other material terms, those changes should be clearly negotiated and recorded.

A written lease protects the relationship—not only the property

The strongest rental relationships are built on clear expectations. A professional lease helps both parties know:

• What must be paid
• When it must be paid
• Who is responsible for what
• How problems must be reported
• How notices must be delivered
• What happens when the agreement ends

Many rental disputes begin with the sentence: “That is not what we agreed.” 

A written lease significantly reduces that risk. It does not remove the need for professional communication, proper screening, inspections, statements or accurate records. It provides the foundation on which those processes can operate.

Get professional landlord support from A+ Properties

A+ Properties assists landlords who want to manage their own rental properties while still having access to knowledgeable, friendly and customer-focused support. 

Depending on the selected service, assistance may include:

• Lease and document support
• Tenant reports
• Letters of demand
• Tenant-account records
• Landlord portal access
• Practical rental guidance
• Organised documentation
• Support when rental problems arise

Do not wait until there is a dispute about rent, notice, deposits or occupation.

Put a clear written agreement and reliable rental-management process in place from the beginning. View A+ Properties Landlord Support Services