A landlord can deduct the reasonable cost of repairing damage that happened during your lease, rent or charges you still owe, and the cost of replacing lost keys. A landlord cannot deduct for fair wear and tear, which is the slow decline any home goes through when people live in it normally.
What the law says
Section 5(3) of the Rental Housing Act 50 of 1999 lets a landlord apply the deposit and its interest to everything the tenant owes under the lease, "including the reasonable cost of repairing damage to the dwelling during the lease period and the cost of replacing lost keys". The landlord must keep the receipts for those costs available for the tenant to inspect.
The Act does not define wear and tear. The idea comes from common law, and most South African leases spell it out. The test in practice is simple. Would this have happened to a careful tenant living here normally for this long? If yes, it is wear and tear.
Examples, room by room
| Area | Usually wear and tear | Usually damage |
|---|---|---|
| Walls | Faded paint, light scuffs behind furniture, a few small picture-hook holes | Large holes, marker or crayon, a paint colour you changed without permission |
| Carpets | Worn walkways, flattened pile, slight fading | Burns, pet stains, tears, red wine that was never cleaned |
| Floors | Fine surface scratches on wood or tiles | Deep gouges, cracked tiles, water damage from a spill left standing |
| Kitchen | A tired stove finish, a hinge loosened by years of use | A broken oven door, burn marks on the counter |
| Bathroom | Worn grout, light limescale | A cracked basin, a drain blocked by misuse |
| Windows and doors | Sun-faded blinds, sticking from normal settling | Broken glass, a door kicked off its hinges |
| Keys and remotes | Not applicable | Lost keys, gate remotes or access tags |
The same mark can land on either side. A small scuff after four years is wear and tear. The same scuff after four months, next to twenty others, starts to look like damage. Length of stay matters.
A reasonable cost, not a new item
The Act allows the reasonable cost of repair. If a carpet was ten years old and near the end of its life, charging the tenant for a brand-new carpet leaves the landlord better off than before the lease. A fair deduction takes the age and condition of the item into account. Ask to see the invoice or quote, and ask how the amount was worked out.
How to protect yourself at move-in
Most arguments about wear and tear are really arguments about what the place looked like on day one. The joint move-in inspection settles that, as long as it is thorough.
- Photograph every room, including close-ups of existing marks, before your furniture arrives.
- Write every defect on the inspection report, even small ones, and have both parties sign it.
- Keep a copy. Email it to yourself so the date is on record.
Our inspection checklist gives you a room-by-room list to work through.
How to dispute a deduction
- Ask for the receipts. The Act says they must be available to you.
- Reply in writing. Say which items you accept, which you dispute, and why. Attach your move-in report and photos.
- If you cannot agree, lodge a free complaint with your province's Rental Housing Tribunal. The deposit rules guide covers the deadlines.
How this works without a cash deposit
On De-Posit the rules do not change. Wear and tear is still not claimable. A landlord who wants to claim for damage submits evidence on the platform, such as the inspection reports and invoices. You are notified and have five business days to dispute the claim or settle it directly with the landlord. What changes is that your cash was never locked up in the first place.
This article is general information about renting in South Africa, not legal advice. For a specific dispute, contact your provincial Rental Housing Tribunal or an attorney.