Tenant checklist before signing a lease

A lease is easy to sign and hard to undo. Ten minutes with this checklist before you sign can save a deposit dispute, a surprise increase or a penalty for leaving early.

1. Get it in writing, with the basics filled in

If you ask, the landlord must put the lease in writing (Rental Housing Act s5(2)). Section 5(6) lists what a written lease must contain: the names and addresses of both parties, a description of the dwelling, the rent and any reasonable escalation, how often rent is paid if not monthly, the deposit, the lease period (or the notice needed to end it), each side's obligations, and any charges payable on top of rent. Check that no blanks are left open.

2. The deposit

The amount must be stated. The landlord must keep it in an interest-bearing account and pay you the interest at the end (s5(3)(d)). A clause saying no interest is payable on the deposit conflicts with the Act.

3. The move-in inspection

You and the landlord must inspect the property together before you move in (s5(3)(e)). Insist on a written list of existing defects, with photos, signed by both sides. It is your best protection when the deposit is refunded.

4. Rent increases

Look for a fixed escalation percentage and date. Avoid "at the landlord's discretion" increases during a fixed term.

5. Ending the lease early

Where the Consumer Protection Act applies, a tenant can cancel a fixed-term lease with 20 business days' written notice, subject to a reasonable cancellation penalty (CPA s14). Check how the lease words the penalty.

6. Red flags

• The landlord may enter "at any time" or "without notice".
• Cancellation for any breach "immediately and without notice".
• The landlord excludes all liability, even for its own negligence.
• Lockouts or cutting off services if rent is late (eviction needs a court order under the PIE Act).
• You are asked to waive rights the Rental Housing Act or CPA gives you.
• Extra fees that are not explained.

Before you sign

• Every blank is filled in and matches what you agreed.
• Deposit amount and interest are stated.
• A move-in inspection is booked.
• Escalation is fixed and clear.
• Notice and cancellation terms are understood.
• You have a signed copy.

Also read: Rental deposit rules · Landlord entry and inspections · Lease clauses that don't hold up · Cancelling a lease early · Rent escalation clauses.

This guide gives general information for South African residential leases, not legal advice. Laws change; check the current Act or speak to an attorney before relying on a clause. Last reviewed October 2026.