Entering into a rental agreement in 2025? Read this for peace of mind
Category Advice
New year, new digs... if that's you, congratulations! Moving into a new place is typically very exciting, whether it's the first place that's your own, or you're upgrading to something bigger.
Whatever the case, signing a lease is entering into a legal agreement so it pays to be very clear on what it entails and what you're responsible for.
"Ultimately the purpose of the rental agreement is to protect the interests of both the tenant and the landlord," explains Harry van der Linde, Rentals Principal at Leapfrog Moreleta Park.
In particular, the rental agreement is there to ensure there is no ambiguity around the rental amount, the lease period, the notice period, responsibility for maintenance and even guidelines for aesthetic changes to the property.
Van der Linde adds that a trusted property professional is the best way to navigate this space, and offers five pointers that all tenants should clearly understand in terms of the rental agreement.
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About the money
Obvious as it sounds, make sure all parties are clear on the rental amount and what that includes and excludes. "Don't assume that it includes, for example electricity or levies, as the landlord may view that as a separate line item charged to the tenant," Van der Linde says.
He adds that a scrupulous landlord will be 100% transparent about inclusions and exclusions but it is always a good idea to double check to avoid being caught off-guard later on.
Typically, the tenant is responsible for once-off costs like the drawing up of the lease agreement or the cost of having extra keys cut for the property, but again it depends so best to check.
Van der Linde advises tenants to ask for all costs in writing - always better to have a paper trail - and to insist on clarity around when it is payable and which costs are likely to be recurring expenses.
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Here to stay
Typically a lease agreement runs for 6 or 12 months, with the option to renew, but still make sure to familiarise yourself with the stipulation around renewing and terminating, and also if penalties apply in the case of early termination.
"Bear in mind that early termination could mean forfeiting your deposit, but check this with the landlord and against the rental agreement," says Van der Linde.
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Yearly increases
Most tenants expect an annual increase in the rental amount payable to the landlord each month, but the tenant may want to speak to the landlord about agreeing to a maximum annual increase amount, and adding that to the rental agreement.
Increases should be in line with market trends and averages, and the percentage increase should be communicated well in advance.
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Fur family
"Pets can be a contentious issue in rental agreements, which is why the rules and guidelines must be clearly stipulated, especially the kinds of pets and also the number of animals allowed," Van der Linde explains.
It can be a grey area because, for example, two Yorkshire Terriers count as two dogs but it's hardly the same as having two Boerboels. Similarly, a "no pets" policy could exclude caged pets like birds, hamsters and fish, so best to double check.
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Responsibility for maintenance
Maintenance, because of its scope, can be a tricky terrain for tenants and landlords to navigate. Mostly the responsibility falls to the landlord but it could be that the tenant is responsible for mowing the lawn.
"A trusted property advisor can guide you in this regard and advise what aspects of property maintenance should be clarified in the rental agreement," Van der Linde says.
It's a different story when the maintenance or repair is the result of neglect or abuse are abuse of the property (accounting for regular 'wear and tear' of course) but even that the rental agreement can and should make provision for.
"An 'open door policy', that is to say a clear and transparent approach, is the best way to treat a rental agreement. And the best chance there is of both parties being happy. Remember, it's there to protect everyone," Van der Linde concludes.
Author: Leapfrog Property Group
