Guides

Plain-language guides

South African rental law and how to use Porchlight, explained without the jargon. Short enough to read on your phone.

The lawDeposits: the rules in the Rental Housing Act3 min

The deposit belongs to the tenant until it’s used for something the lease allows. The owner must keep it in an interest-bearing account, and the interest goes to the tenant. The tenant can ask for proof of the interest earned.

When it must be paid back. Within 7 days after the lease ends if there’s nothing to deduct. Within 14 days of the repairs being finished if there are deductions, with receipts. Within 21 days if the tenant didn’t come to the outgoing inspection.

In Porchlight: the deposit tracker adds interest each month and starts the refund countdown on move-out day.

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The lawMove-in and move-out inspections2 min

Owner and tenant inspect the home together before the tenant moves in, and again within the 3 days before the lease ends. Record the condition of each room and sign it. Photos make it far easier to agree.

If the owner doesn’t do the joint inspection, the law treats the home as having been returned in good order, and the owner loses the right to claim for damage from the deposit. If the tenant doesn’t come, the owner inspects alone within 7 days.

In Porchlight: both of you sign the report in the app, and move-in and move-out are compared room by room.

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The lawRenewing or ending a fixed-term lease (CPA)3 min

Under the Consumer Protection Act, the owner must remind the tenant that the lease is ending 40 to 80 business days before the end date, and say what will happen. If nobody does anything, the lease carries on month to month.

A tenant may cancel a fixed-term lease early with 20 business days’ written notice, and pay a reasonable cancellation penalty if the lease provides for one. A fixed term can’t be longer than 24 months, unless a longer term clearly benefits the tenant.

Strictly, the CPA covers owners who let in the ordinary course of business. Porchlight follows these rules for every lease, because it’s the fair and safe default.

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The lawRent increases1 min

There’s no national cap on rent increases. During a fixed term, rent only goes up if the lease says how and when. At renewal, agree the new rent in writing. Give your tenant plenty of notice, ideally with the renewal reminder.

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The lawRecharging electricity and water1 min

If the municipal account is in the owner’s name, recharge the tenant at cost and share the statement. Adding a mark-up is a common complaint at the Rental Housing Tribunal.

In Porchlight: upload the statement and the recharge equals the statement amount, with the statement attached for your tenant.

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The lawRental income and SARS2 min

Rental income is taxable and goes on your ITR12. You can deduct costs like rates, levies, bond interest, building insurance, repairs and agent fees. Improvements are capital, not repairs. A deposit only counts as income once you use it.

In Porchlight: the SARS rental statement adds up the tax year (March to February) for you. Check it with your tax practitioner.

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The lawPOPIA for private landlords2 min

As an owner you collect personal information about your tenant, so POPIA applies to you too. Only keep what the tenancy needs, keep it safe, and don’t share it without a good reason.

Don’t store ID copies in your email or WhatsApp. In Porchlight, ID numbers are encrypted and shown only as the last four digits, and children on the lease are listed by name only.

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What happens if……my tenant stops paying rent?2 min

Send a friendly reminder first. If it isn’t paid, send a written notice giving the tenant time to pay. For CPA leases that’s 20 business days. If it’s still unpaid, the owner may cancel the lease.

Eviction can only happen through a court order under the PIE Act. Never change the locks, remove belongings or cut off electricity or water. That’s unlawful and can be reversed by a court.

In Porchlight: reminders and the breach notice are logged, and you can export a pack for your attorney.

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What happens if……the owner doesn’t pay back the deposit?1 min

Ask in writing first, quoting the refund deadline. If that doesn’t work, you can lay a complaint with your province’s Rental Housing Tribunal. It’s free. Your signed inspection reports and payment history in Porchlight are your evidence.

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What happens if……the geyser bursts?1 min

Tenant: switch off the geyser at the DB board and close the water at the stopcock (both are in your home guide), then report it as urgent with a photo. Owner: call your plumber and your building insurer. Geysers are usually the owner’s cost and covered by building insurance.

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What happens if……there’s no written lease?1 min

A verbal lease is still a lease. But the tenant can ask for it in writing, and the owner must then put it in writing. A written lease protects both of you, so Porchlight always starts with one.

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What happens if……my tenant wants to leave early?1 min

Under the CPA, the tenant gives 20 business days’ written notice. The owner can charge a reasonable cancellation penalty if the lease allows for it, taking into account things like how soon the home is let again.

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Using PorchlightAdd your first home1 min

Sign in, tap Add a property and answer a few questions: rooms, lease dates, rent, meters and the home guide. Porchlight builds the rent schedule, the calendar and both dashboards for you. You can add the tenant now or later.

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Using PorchlightInvite your tenant30 sec

Add your tenant’s name and email to the lease and tap Invite. They set up their own free login and only ever see their own home.

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Using PorchlightDo the move-in inspection2 min

Walk through the home together with your phone. Each room lists what to check. Change only what isn’t in good condition, add photos or a short video, and both sign at the end.

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Using PorchlightPay rent and upload proof30 sec

Tenants see the owner’s banking details and a unique reference. Pay by EFT, PayShap or debit order, then tap I’ve paid and add the proof. The owner confirms it, and a receipt is issued.

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Using PorchlightStorage and plans1 min

Your storage meter is under your name, top right, then Plan and storage. Photos are resized for you. If you’re close to the limit, archive an old tenancy or move up a plan.

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These guides are general information, not legal or tax advice. For your situation, speak to an attorney or a tax practitioner.

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