WHY ARE RENTAL PROPERTY INSPECTIONS IMPERATIVE?

by Taryn Davies Stevens • 3 MIN • 689 Words

In accordance with the Rental Housing Act, it is mandatory for both landlords/agents and tenants to conduct incoming and outgoing inspections. These inspections necessitate the presence of both parties throughout the entire process, culminating in the signing of inspection forms accompanied by time and date-stamped photographs.

While some may perceive these inspections as mere pesky formalities, they serve as vital protections for all involved parties. Inspections play a pivotal role in safeguarding the interests of both landlords and tenants. They establish a transparent framework for documenting the condition of a property at the commencement and conclusion of a lease agreement, facilitating the identification of necessary repairs or maintenance, and equitably assigning responsibility. Adhering to the prescribed procedure significantly reduces the likelihood of disputes and facilitates timely completion of repairs, thus expediting the return of deposits.

INCOMING INSPECTIONS

Incoming inspections serve the purpose of assessing the property's condition before the tenant's occupancy commences. This serves multiple objectives. Firstly, it documents any pre-existing defects, thereby preventing tenants from being unfairly held responsible for them upon lease expiration.
These defects, along with photographic evidence, form a baseline for assessing any subsequent deterioration in the property's condition during the lease term. Moreover, incoming inspections provide landlords or their representatives with an opportunity to evaluate the property, enabling them to budget for proactive maintenance or enhancement projects—a practice often overlooked but crucial for enhancing the property's value and long-term appeal to tenants.

Are you aware that landlords are not obligated to address defects identified during incoming inspections UNLESS mutually agreed upon and stipulated in the lease agreement, or if these defects render the property unsuitable for its intended use?

OUTGOING INSPECTIONS

Outgoing inspections aim to determine whether the tenant has caused any additional damages during their tenancy. Typically conducted within the final three days of the lease period, these inspections occur prior to the tenant vacating the premises.
Ideally, outgoing inspections reveal only normal wear and tear. In such cases, provided the tenant returns the keys, the landlord must refund the full deposit, plus interest, within seven days of lease expiration. However, if damages attributable to the tenant are identified during the inspection, the landlord may utilize the deposit to cover repair or replacement costs.
Are you aware that tenants have the right to request receipts for expenses deducted from their deposit? This highlights the importance of meticulously tracking expenses and conducting repairs transparently. Any remaining portion of the deposit, along with interest, must be returned to the tenant within fourteen days of lease termination.

INTERIM RESPONSIBILITIES

While incoming and outgoing inspections play crucial roles in protecting the interests of landlords and tenants, the actions taken between these inspections are equally significant. Tenants must promptly notify their landlord or rental agent of issues such as leaks, storm damage, or electrical faults to mitigate the risk of exacerbating damages for which they may be held liable. Similarly, landlords should maintain open lines of communication with tenants, coordinating routine maintenance and improvements collaboratively to minimize tenant disruption.

It's essential to recognize that rental agreements entail mutual obligations and rights. Maintaining transparent communication, honesty, and thorough documentation are fundamental to safeguarding everyone's interests.

ADDITIONAL INFORMATION:

The Department of Human Settlements stipulates that a Rental Housing Tribunal possesses the authority to address disputes, complaints, or issues arising between tenants and landlords in rental housing dwellings.

These include but are not limited to:
- Non-payment of rentals
- Failure to refund the deposit
- Invasion of tenant's privacy, including family members and visitors
- Unlawful seizure of tenant's goods
- Discrimination by the landlord against prospective tenants
- Changing of locks
- Lack of maintenance and repairs
- Illegal evictions
- Illegal lockout or disconnection of services
- Property damage
- Demolition and conversion
- Forced entry
- House rules
- Intimidation
- Issuance of receipts
- Municipal services
- Nuisance
- Overcrowding and health concerns

Under Section 13(13) of the Rental Housing Act 50 of 1999, a Tribunal ruling holds the same weight as an order issued by a Magistrate's Court under the Magistrate's Court Act, 1994.

For more information, contact INTRO REAL ESTATE, it’s the right choice.

property inspectionrentalincoming inspectionoutgoing inspectionRental Housing ActINTRO REAL ESTATElandlordtenantdefectlatent defectDepartment of Human SettlementsRental Housing Tribunal Non-payment of rentalsFailure to refund the depositInvasion of tenant's privacyUnlawful seizure of tenant's goodsDiscrimination Changing of locksLack of maintenance Illegal evictionsIllegal lockout Illegal disconnectionProperty damageForced entryHouse rulesIntimidationIssuance of receiptsMunicipal servicesNuisanceOvercrowdinghealth concerns

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