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In this guide
By Onah Attorneys Inc • Updated July 2026 • Legal information, not a substitute for advice on your specific matter.
The deposit game is played in the last week of every lease: suddenly the walls need painting, the carpets need ‘deep cleaning’, and the deposit evaporates into vagueness. The Rental Housing Act scripts exactly what landlords may deduct, by when they must refund, and the inspection steps that decide everything. Tenants who know the script recover; landlords who follow it deduct lawfully.
The rules landlords must follow
The deposit must be invested in an interest-bearing account with the interest accruing to the tenant (payable on refund). Refund deadlines: 7 days after lease-end if no deductions; 14 days where deductions are made — with receipts and invoices available for inspection; 21 days where the tenant skipped the outgoing inspection. Miss the deadline or the receipts, and the deduction right collapses.
The inspections that decide everything
A JOINT incoming inspection recording defects in writing, and a joint outgoing inspection in the last three days of the lease. The trap runs both ways: a landlord who fails to conduct the outgoing inspection is DEEMED to acknowledge the property is undamaged — forfeiting deduction rights. A tenant who avoids inspection weakens their own claim. Photograph everything, both times, with timestamps.
Fair wear and tear is not damage
Landlords deduct for damage beyond fair wear and tear — not for repainting after years of ordinary living, sun-faded curtains, worn carpets or minor scuffs. Deductible: broken windows, holes in walls, burns, missing fixtures, filth requiring professional cleaning. The incoming inspection report is the baseline that separates the categories.
The recovery sequence
1) Written demand citing the Act’s deadlines and demanding the deposit plus interest within 7 days. 2) Rental Housing Tribunal complaint — free, no lawyers needed, binding rulings, and landlords face fines for non-compliance; it covers deposit disputes, unlawful deductions and exploitation. 3) Small Claims Court (up to R20,000) or Magistrates’ Court — fast for liquid deposit claims. Most disputes die at step 1 or 2 when papered properly.
For landlords: deducting lawfully
Do both inspections jointly and in writing; keep invoices for every repair; refund the balance within 14 days with a reconciliation; pay the interest. Lawful deductions survive Tribunal scrutiny; vibes-based deductions fund tenants’ claims. And never ‘set off’ rent arrears informally against deposit mid-lease — the deposit secures lease-end obligations.
Holding deposits and unfair forfeitures
‘Non-refundable holding deposits’ for leases never signed are mostly recoverable — forfeiture clauses must survive the CPA’s fairness standards, and unfair enrichment claims mop up the rest. Get the payment purpose in writing before paying anything.
Frequently asked questions
How long does the landlord have to refund my deposit?
7 days (no deductions), 14 days (with deductions and receipts available), 21 days (you missed the outgoing inspection). After that, demand it with interest — the delay itself breaches the Act.
Can the landlord charge me for repainting?
Only beyond fair wear and tear — repainting after normal occupation of some years is the landlord’s cost. Holes, stains and tenant damage are deductible with invoices.
What if there was no incoming inspection?
The landlord’s deduction claims weaken drastically — without a recorded baseline, proving you caused defects is nearly impossible. Your photos from move-in day become the record.
Is the Rental Housing Tribunal really free?
Yes — free to lodge, no legal representation required, and its rulings bind like a magistrate’s court order. It is the tenant’s best-kept secret and the landlord’s incentive to follow the Act.
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