⚖ The Advocate
Property & Housing

Your Deposit Covers the Wear and Tear — I Am Keeping It

Understanding your right to a full deposit refund under the Rental Housing Act

Premium foundational 7 minutes
The Situation

What They Said

“Your deposit covers the wear and tear — I am keeping it.”
A tenant vacated a property after two years of tenancy, leaving it in good condition. The landlord refused to return the deposit, claiming it was kept to cover 'wear and tear' from normal use of the property. The tenant had receipts showing regular rental payments and had done no visible damage.
The Fallacy

Deposit as Compensation for Normal Use

A deposit is held as security against damage caused by the tenant, not as payment for the normal deterioration that happens to any property over time. Wear and tear — such as minor paint fading, carpet compression from furniture, or small nail holes — is the landlord's cost of doing business. A landlord cannot legally deduct for wear and tear from a deposit.

What the Law Says

Your Legal Foundation

Rental Housing Act 50 of 1999
Section 5(3)(g) and Section 5(3)(h) — Deposit Must Be Refunded After Joint Inspection
“At the termination of a lease, the landlord and tenant must together inspect the dwelling and the deposit, plus accrued interest, must be refunded within 7 days if there is no damage, or within 14 days if there is damage, after deducting the cost of repairing actual damage caused by the tenant beyond normal wear and tear.”
The landlord cannot simply keep your deposit. They must hold a joint inspection with you, prove actual damage beyond wear and tear with evidence (quotes, receipts), and refund the remainder within 7–14 days. 'Normal wear and tear' is explicitly excluded as a lawful deduction.
What Scripture Says

God's Word on This

Leviticus 19:13 (NET)
“You must not oppress your neighbor or commit robbery against him. You must not withhold the wages of the hired worker overnight until morning.”
Withholding what is lawfully owed — whether wages or a deposit — is treated in Scripture as oppression. A landlord who keeps your deposit without lawful cause is taking what is not theirs.
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What They'll Say Next

Common Counter-Arguments

After you respond, they may push back with these arguments. Members get the full rebuttal for each.

They might say: “There was no joint inspection clause in our lease — so I was not required to do one.”
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They might say: “I already spent the deposit on repairs before you left.”
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