DO’S AND DON’TS FOR AVOIDING RENTAL DISPUTES – PREVENTION IS BETTER THAN CURE! by

DO’S AND DON’TS FOR AVOIDING RENTAL DISPUTES – PREVENTION IS BETTER THAN CURE! by


Below are some tips to note in an attempt to avoid future disputes.
1. PROPERTY INSPECTIONS

“Truth is confirmed by inspection and delay; falsehood by haste and uncertainty” (quote by Tactitus).

Both landlords and tenants must conduct a joint inspection of a property prior to occupation and before it is vacated.

There are two types of inspections, namely incoming inspection and outgoing inspection.

1.1. Incoming Inspection

The Landlord and Tenant must jointly inspect the property, before the Tenant moves in, to determine the presence of any faults or damage and to determine the Landlord’s accountability to remedy or with an understanding to record them. This list of defects must be attached to the lease as an annexure.

1.2. Outgoing Inspection

On the termination of the lease, the Landlord and the Tenant must organize a joint inspection at a reciprocally suitable time, with the view to establish what damage was caused throughout the Tenant’s occupation.

If the Tenant fail to reply to the Landlord’s demand for an inspection, the Landlord must examine the property within 7 days after the expiration, in order to evaluate any damage or loss.

2. DEPOSITS

2.1. To be advanced by the Landlord/Agent in an interest-bearing account. 2.2. The Landlord can use the deposit plus interest to the payment of all amounts for which the tenant is accountable under the lease. 2.3. Balance of the deposit to be repaid to the Tenant not later than 14 days after refurbishment of the property’s damage and arrear payments. 2.4. If nothing owing by the Tenant to the Landlord, then deposit plus interest to be repaid within 7 days after termination of lease.

3. CREDIT CHECKS
“The most important thing for a young man is to establish a credit… a reputation, character” (quote by John D. Rockefeller)
Landlords need to obtain consent from the Tenants to attend to credit, background, financial and reference checks.

4. TENANTS AND LANDLORDS FAMILIARISE WITH RULES AND LAWS
“Rules are for the obedience of fools and the guidance of wise men” (quote by Harry Day).
Tenants and landlords should familiarise themselves with the rules and laws pertaining to rentals so that they do not end up in a situation where they are being treated unfairly or exploited.

5. LEASE AGREEMENT
“Read your contracts. Up and down, left and right.” (quote by Lauren Jauregui).
Prevention being better than cure…
Start off with a properly-worded, clear and comprehensive lease. Make sure you comply with Rental Housing Act basics like joint inspections for damage, investment and refund of deposits, avoiding unfair practices and so on.

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