Home / Legal guides / Property & Housing
Guide · P
Property & Housing
Your home is often your biggest expense and most important asset. This guide covers rental rights, deposits, evictions, buying a home and the bodies that resolve housing disputes, usually for free.
Updated October 2026 · General information, not legal advice
In this guide
The key laws
- Rental Housing Act 50 of 1999
- Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998
- Alienation of Land Act 68 of 1981
- Sectional Titles Schemes Management Act 8 of 2011
- Community Schemes Ombud Service Act 9 of 2011
What you'll need
Gather these before you take action or speak to a lawyer:
- Your lease agreement
- Proof of deposit and rent payments
- The ingoing and outgoing inspection reports
- Photos of the property's condition
- Letters or notices from the landlord or tenant
Advertisement · 728 × 90 in-article banner
Your brand, in front of South Africans looking for legal help.
Common questions
Can my landlord evict me without a court order?
No. Only a court can order an eviction from a home. A landlord who changes the locks, removes your belongings or cuts off water or electricity to force you out is acting unlawfully.
When must my deposit be refunded?
Your landlord must keep the deposit in an interest-bearing account and refund it with interest after the lease ends, minus the cost of any damage, usually within 7 to 21 days depending on the inspection.
Where can tenants and landlords resolve disputes?
Each province has a Rental Housing Tribunal that resolves disputes between tenants and landlords free of charge. Its rulings are binding.
Does an offer to purchase need to be in writing?
Yes. A sale of land, including a house or flat, must be in writing and signed by both buyer and seller, or it is not valid.
Who handles body corporate and estate disputes?
The Community Schemes Ombud Service (CSOS) deals with disputes in sectional title schemes, home owners’ associations and other community schemes.
When to see a lawyer
Speak to a property lawyer if you have received eviction papers, before buying or selling property, or if a dispute involves building defects or large amounts of money.
This guide is general information about South African law and is not legal advice. Laws and amounts change; check the latest position or speak to a qualified lawyer about your situation. Read our disclaimer.
Advertisement · 300 × 250 sidebar box
Put your firm in front of readers who need legal help.
Lawyers for this area
★ Featured
Van der Merwe Property Law
- Cape Town
- 19 years
Listed
Articles
Related articles
- Property & Housing
- October 14, 2026
Your landlord can’t just evict you
Locks changed? Water cut off? Only a court can order you out of your home. Here is what a...
- Property & Housing
- October 2, 2026
Buying your first home? What transfer and bond costs really cover
Transfer duty, conveyancing fees, bond registration and the costs first-time buyers forget, in one place.