Lease clauses that don't hold up in South Africa

A signed lease isn't the final word. The Consumer Protection Act (CPA), the Rental Housing Act and the Constitution knock out certain clauses no matter what the tenant signed. Here are seven that still turn up in South African leases, and why landlords and agents should take them out.

1. "The landlord is not liable for any loss, howsoever caused"

Where the CPA applies, a lease may not exclude or limit the landlord's liability for loss caused by the gross negligence of the landlord or anyone acting for them (CPA s51(1)(c)). Such a term is void to that extent. Exclusions for ordinary negligence can stand, but only if the tenant's attention was drawn to them in plain language before signing (CPA s49).

2. "The tenant waives all rights under the CPA"

A clause that waives or takes away a consumer's rights under the CPA, or avoids the landlord's obligations under it, is prohibited (CPA s51(1)(a)-(b)). It doesn't matter that the tenant initialled it.

3. "The landlord may change the locks or cut the electricity if rent is late"

Nobody may be evicted without a court order (Constitution s26(3) and the PIE Act). Locking a tenant out, removing their belongings or cutting water or electricity to force them out is unlawful self-help, and a court can order it reversed. A lease clause permitting it doesn't make it lawful.

4. "The lease is cancelled immediately on any breach"

Under CPA s14, before cancelling for breach the landlord must give the tenant 20 business days' written notice to fix it. Clauses allowing cancellation "immediately" or after "7 days' notice" don't override this for leases the CPA covers.

5. "The deposit is forfeited if the tenant leaves early"

Where the CPA applies (the landlord or agent lets property in the ordinary course of business), a tenant may cancel a fixed-term lease on 20 business days' notice, subject only to a reasonable cancellation penalty (CPA s14). Keeping the whole deposit regardless of the landlord's actual loss is unlikely to be reasonable, and the Rental Housing Act limits deductions to amounts actually owed, such as arrear rent and repairs beyond fair wear and tear.

6. "No interest is payable on the deposit"

The Rental Housing Act requires the deposit to be held in an interest-bearing account, with the interest paid to the tenant when the lease ends. A clause saying the tenant earns no interest conflicts with the Act.

7. "The landlord may enter the property at any time"

Tenants have a right to privacy. The landlord may inspect, but at a reasonable time and after reasonable notice. An unlimited right of entry is an unfair practice under the Rental Housing Act and is open to challenge at the Rental Housing Tribunal.

What happens to a bad clause?

Usually only the offending clause, or the offending part of it, falls away; the rest of the lease stands. But a clause that can't be enforced gives false comfort, and a CPA s48 unfairness finding can affect how a court reads related terms. The safer route is to remove it before anyone signs.

Quick checklist

• Liability exclusions that include gross negligence.
• Any waiver of CPA or Rental Housing Act rights.
• Lock-out, utility cut-off or "hypothec without court order" wording.
• Breach periods shorter than 20 business days.
• Automatic deposit forfeiture or penalties not linked to real loss.
• No interest on the deposit.
• Entry at any time, without notice.

Also read: Rental deposit rules in South Africa · Cancelling a lease early · Rent escalation clauses.

New guides: Tenant checklist before signing · Landlord entry and inspections.

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.