What should be in your student lease

First: get it in writing

In South Africa a verbal lease is legally valid, but a tenant may insist on a written one under the Rental Housing Act and a landlord must then provide it. A WhatsApp message saying “R4 500, deposit R4 500, move in 1 Feb” is not a lease — it does not say what is included, how you leave, or what happens to your deposit. Ask for a written lease and read every page. If the landlord will not give you one, that tells you something.

The clauses that must be there

Check each of these is present, specific and matches what you were told.

• Who — the landlord’s full name and ID or company registration, and yours. If an agent or manager signs, the lease should say who the owner is.
• What — the full address and which room, plus which shared spaces (kitchen, bathroom, lounge, parking) you may use.
• When — start date, end date and whether the lease renews automatically or ends. For students, an end date that matches the academic year is worth asking for.
• Rent — the amount, the day it is due, how to pay (bank details in the landlord’s name) and whether, when and by how much it can increase during the lease.
• Deposit — the amount, that it will be held in an interest-bearing account (the Act requires this), what it can be deducted for, and how many days after you leave it will be paid back.
• What is included — electricity, water, Wi-Fi, cleaning, furniture, security, meals. If it is not written down, assume it is not included.
• Inspection — a joint move-in and move-out inspection, with a list of defects. Without a move-in inspection the landlord cannot fairly deduct for damage, and without a move-out one you are entitled to your full deposit.
• Notice — how much notice each side must give to end the lease early (20 business days is the usual minimum under the Consumer Protection Act for you; the landlord’s grounds are narrower), and any early-termination penalty.
• Rules — visitors, overnight guests, noise, smoking, pets, use of the kitchen. You are agreeing to these, so read them.
• Repairs — who fixes what and how quickly, and how to report a problem.

Clauses to question before signing

• A deposit that is “non-refundable”, or any “admin fee” or “holding fee” that is not explained. Deposits are refundable by law, less proven damage or unpaid rent.
• Rent that “may be adjusted at the landlord’s discretion”. Increases should be a fixed date and amount or percentage.
• Automatic renewal for another full year unless you give notice months in advance — easy to miss during exams.
• The landlord may enter your room “at any time”. Reasonable notice for inspections and repairs is the norm.
• You are liable for all repairs, or for the whole house’s electricity, or for other tenants’ unpaid rent.
• A blank lease with details “to be filled in later”, or a lease that does not match the price and dates you were quoted.

Your rights, briefly

The Rental Housing Act says your deposit must be invested for you and returned with interest, that you may have a joint inspection at the start and end, and that a landlord may not cut services or lock you out to force you to leave. The Consumer Protection Act lets you cancel a fixed-term lease on 20 business days’ notice, subject to a reasonable penalty, and requires the landlord to point out unusual clauses. Disputes that cannot be resolved go to your provincial Rental Housing Tribunal, which is free to approach. None of this replaces reading the lease; it is the floor under it.

Before you sign

• View the actual room and meet the landlord or manager — our rental scam guide explains why.
• Check the name on the lease matches the ID and the bank account you are paying into.
• Do the move-in inspection together and photograph everything, dated.
• Keep a copy of the signed lease, the inspection list and every proof of payment somewhere that is not only your phone.
• Confirm in writing anything that was promised verbally — Wi-Fi, a desk, the December arrangement — before you pay the deposit.