At the end of the lease, if there are no damages beyond normal wear and tear, the landlord is required to refund the full deposit along with the interest accrued. If requested, the landlord must provide proof of the interest earned.
When Can a Landlord Use Your Deposit? A landlord is only permitted to deduct from the deposit under specific circumstances, such as:
Repairing tenant-caused damages during the rental period.
Covering damages found during the final property inspection (which must be conducted within 21 days after the tenant vacates).
Settling outstanding rent or unpaid utilities at the end of the lease. Covering legal costs for an eviction, if necessary.
A landlord cannot use the deposit for:
Routine maintenance or general property upkeep. Fines for late rent payments. Repairing normal wear and tear (e.g., faded paint, minor scuffs).
When Should You Get Your Deposit Back?
Once the lease has ended, the landlord must conduct a final property inspection within 7 days of the tenant moving out. If no damages are found beyond normal wear and tear, the deposit must be refunded promptly.
Important: If the landlord fails to perform an exit inspection, the property is legally considered to be in good condition, and the deposit must be refunded in full, including any accrued interest.
What to Do If Your Landlord Won’t Return Your Deposit
If your landlord refuses to refund your deposit without a valid reason, take the following steps:
Request Written Proof – Ask for an official breakdown of any deductions made. Consult an Attorney – Seek legal advice if you believe the deductions are unfair. Report to the Rental Housing Tribunal (RHT) – The RHT can mediate disputes between landlords and tenants at no cost.
Final Thoughts Your rental deposit is protected by law, and landlords must adhere to the proper procedures when handling it. If you believe your deposit is being unfairly withheld, know your rights and take the necessary steps to claim what is legally yours.
Looking for a rental with transparent terms? Contact Jooma Properties today for trusted property solutions! 033 342 7866 | jooma@yebo.co.za