How to Effectively Deal with a Difficult Landlord: A Comprehensive Guide.

Written by Kunle Adebayo



We all understand that navigating a difficult landlord-tenant relationship can be a source of stress and frustration. However, with the right approach and effective strategies, it is possible to address issues and work towards a more positive and harmonious living arrangement.

A difficult landlord can be characterized by the following behaviors:

• Unresponsiveness. They are difficult to reach, either by phone, email or in person. They may take days or even weeks to respond to your requests.
• Unwillingness to fix problems. They may ignore your requests for repairs, or they may take a long time to fix the problems.
• Unreasonable demands. They may try to charge you for repairs that are not your fault, or they may try to evict you for no reason.
• Disrespectful behavior. They may be rude to you, or they may make you feel uncomfortable in your own home.
• Ignorance of the law. They may not be familiar with the landlord-tenant laws in your state, and they may try to take advantage of you.

Here are some additional signs that you may have a difficult landlord:

• They make you feel uncomfortable or unsafe.
• They refuse to give you a copy of the lease agreement.
• They do not provide you with a habitable living space.
• They harass you or your guests.
• They discriminate against you based on your race, religion, or other protected class.

Here are some of the common rights of a tenant that are usually breached in South Africa:

• The right to a habitable dwelling. This means that the property must be in a safe and livable condition, free from major defects.
• The right to privacy. This means that the landlord cannot enter the property without the tenant's consent, except in an emergency.
• The right to quiet enjoyment. This means that the tenant has the right to live on the property without being disturbed by the landlord or other tenants.
• The right to a fair rent. The rent must be reasonable and not excessive.
• The right to be given notice before eviction. The landlord must give the tenant reasonable notice before evicting them, and the eviction must be for a valid reason.

If your landlord is breaching your rights, you should first try to resolve the issue directly with the landlord. If that is not successful, you may need to take legal action. You can contact a lawyer or your local housing authority for help.

Here are some additional rights of tenants in South Africa:

• The right to a written lease agreement. The lease agreement should be in writing and should include all of the terms and conditions of the tenancy.
• The right to receive a receipt for all rent payments. The landlord must provide the tenant with a receipt for all rent payments.
• The right to make minor repairs. The tenant is allowed to make minor repairs to the property, as long as the repairs are not major or structural.
• The right to be compensated for damages. If the landlord damages the property, the tenant is entitled to be compensated for the damages.

There are several ways to deal with these issues that tenants are regularly confronted from landlords. These issues, as could be seen, range from the mundane to the very important that sometimes bothers on the well-being and safety of the tenant.

This comprehensive blog post provides detailed insights and practical advice to help effectively deal with a difficult landlord.

• Understand The Lease Agreement: Thoroughly review your lease agreement. Pay close attention to clauses regarding repairs and maintenance responsibilities, notice periods for rent increases, payment of security deposit, and any other obligations or protections outlined in your lease.

• Know Your Rights: Familiarize yourself with your rights as a tenant. Understanding your legal rights will empower you to advocate for yourself effectively. Tenants in South Africa have certain rights that are protected by the country’s laws. Tenants’ rights in South Africa are outlined in the country’s Rental Housing Act, which was enacted in 1999.

• Assess the Situation: Before taking any action, it's crucial to assess the situation objectively. Evaluate the specific issues or concerns you have with your landlord and determine if they are reasonable and within your rights as a tenant. It's important to differentiate between minor disagreements and substantial violations of your rights or the terms of your lease.

• Maintain Clear and Respectful Communication: Open and respectful communication is vital when dealing with a difficult landlord. Clearly articulate your concerns in a non-confrontational manner, focusing on the specific issues at hand. Be prepared to provide any necessary evidence or documentation to support your claims. Remember to remain calm and professional, as maintaining a respectful tone can facilitate better dialogue. Even if your landlord is being difficult, it is important to be respectful. This doesn't mean that you have to tolerate their behavior, but it does mean that you should avoid getting into arguments with them. If you can stay calm and respectful, you are more likely to get a positive outcome.

• Seek Mediation or Third-Party Intervention: If direct communication with your landlord does not yield satisfactory results, consider involving a neutral third party. Mediation services or tenant advocacy organizations can help facilitate a productive dialogue between you and your landlord. A mediator can assist in finding common ground, clarifying misunderstandings, and working toward a mutually acceptable resolution.

• Document Everything: It is also important to document everything that happens with your landlord. When dealing with a difficult landlord, it's crucial to maintain detailed documentation of all interactions. Keep records of all correspondence, including emails, letters, and phone calls, noting dates, times, and the nature of the conversations, and even taking pictures of any damage to the property. Document instances of repairs requested, maintenance issues, and any other relevant incidents. This documentation will serve as evidence if further action or legal recourse becomes necessary.

• Be Proactive: If you have a problem with your landlord, don't wait for them to fix it. Be proactive and contact your landlord as soon as possible to let them know about the problem. The sooner you address the problem, the easier it will be to resolve.

• Consult with a Legal Professional: If the situation escalates or your rights as a tenant are consistently violated, seeking advice from a legal professional specializing in real estate or tenant law may be necessary. They can provide personalized guidance, evaluate your options, and help you understand the legal implications of your situation. A legal professional can also assist in drafting formal letters or notices if needed.

• Know When to Involve Regulatory Agencies: In cases of severe violations or illegal actions by your landlord, it may be necessary to involve regulatory agencies. You can apply for mediation at the Housing Rental Tribunal. It can order a landlord (or tenant) to comply with any part of the Rental Housing Act, 1999 (Act No. 50 of 1999) and its procedural regulations. The ruling of the Tribunal has the same power as the judgment of a Magistrate’s Court. In filing complaints, tenants are expected to provide the necessary documentation and evidence.

• Explore Alternative Housing Options: If all attempts to resolve issues with your difficult landlord prove unsuccessful, it may be necessary to consider alternative housing options. Begin searching for available rentals that meet your needs and budget, ensuring a smooth transition should you decide to relocate. Consult with your legal advisor to understand any legal obligations or consequences associated with breaking your lease.

Download the Rental Housing Act, 1999 (Act No. 50 of 1999).

Dealing with a difficult landlord can be stressful, but it is important to remember that you have rights. By following these tips, you can protect your rights and improve the situation.

Additional tips:

• Be a good tenant. Pay your rent on time, take care of the property, and be respectful of your landlord's property and rights.
• Keep your communication channels open. Don't avoid your landlord or refuse to communicate with them. If you have a problem, talk to them about it.
• Be reasonable. Don't make unreasonable demands or expect your landlord to fix every little problem right away.
• Be patient. It may take some time to resolve the problem with your landlord. Don't give up hope.

Dealing with a difficult landlord requires patience, persistence, and a proactive approach. By objectively assessing the situation, maintaining clear communication, understanding your rights, documenting interactions, seeking professional advice when needed, and involving regulatory agencies if necessary, you can work towards resolving conflicts and improving your living situation.

Effective communication and assertiveness can often lead to positive resolutions and a more harmonious landlord-tenant relationship.

If you are a tenant in South Africa, it is important to know your rights. By understanding your rights, you can protect yourself from being taken advantage of by your landlord.

You can also engage your agent to provide you with pointers and guidance as to the right actions to take. We at Caritas Properties are always available to assist.