Legal Q&A

Rental Deposit Rights in South Africa

Your landlord must invest your deposit in an interest-bearing account and return it within 14 days of the lease ending. Failure to do so entitles you to sue for double the deposit.

Free South African Law

Direct Answer

Under the Rental Housing Act, your landlord must invest your rental deposit in an interest-bearing account for the duration of the lease. Within 14 days of the lease ending, they must return the deposit plus interest — or provide a written account of any deductions. Unlawful retention of a deposit entitles you to two times the deposit amount as a penalty.

What the Law Says

Your Legal Foundation

Rental Housing Act 50 of 1999

Section 5(3)(c)

“The landlord must invest the deposit in an interest-bearing account with a financial institution for the duration of the lease and must provide the tenant with written proof of the investment within 14 days of payment.”

Rental Housing Act 50 of 1999

Section 5(3)(f)

“On termination of the lease, the landlord must refund the deposit plus interest, less any amounts lawfully owed, within 14 days of restoration of the property.”

Consumer Protection Act 68 of 2008

Section 5

“Applies to landlords renting more than one property — deposit disputes may also be referred to the National Consumer Commission.”

What to Do

Step-by-Step Guide

1On moving in, demand proof that your deposit is invested in an interest-bearing account. You are legally entitled to this within 14 days of payment.
2Do a joint inspection with your landlord on move-in and move-out. Sign an inspection checklist — this determines what deductions (if any) are lawful.
3On moving out, give written notice as required in your lease. After handing back the property, you have 14 days to receive your deposit back.
4If not returned within 14 days, send a written demand citing Section 5(3)(f) of the Rental Housing Act and request the deposit plus interest within 7 days.
5If still not returned, refer the dispute to the Rental Housing Tribunal (free, in each province) or the Small Claims Court (for amounts up to R20,000).

What to Say

Exact Words to Use

“"My lease ended on [date]. In terms of Section 5(3)(f) of the Rental Housing Act, you are required to return my deposit of R[X] plus accrued interest within 14 days. That deadline has passed. Please return the full amount within 5 days or I will refer the matter to the Rental Housing Tribunal."”

Tone: In writing — email or registered letter

Common Questions

Frequently Asked Questions

Can my landlord keep my deposit for cleaning?

Only if cleaning was not done and the lease provides for deductions for this, and only for the actual cost. The landlord must provide receipts or invoices for any deductions. Deductions cannot exceed the actual cost and must be supported by a joint exit inspection.

What interest rate applies to my deposit?

The Act does not specify a rate — it must be in an "interest-bearing account" with a financial institution. The landlord must provide you with proof of the account and the interest earned. If they cannot, the entire deposit is repayable without deductions.

Get Help Now

Resources & Helplines

Rental Housing Tribunal

Via provincial housing departments

Free dispute resolution for rental deposit and lease disputes.
Small Claims Court

At your nearest Magistrate's Court

Claims up to R20,000 — no attorney needed, no filing fee.

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