A landlord holding onto your deposit is one of the most common — and most winnable — rental disputes in South Africa. The Rental Housing Act is firmly on your side, with strict timeframes and clear rules on what can be deducted.
The Rental Housing Act 50 of 1999 sets clear deadlines for returning a deposit once your lease ends, and which one applies depends on the inspection:
The landlord must hold your deposit in an interest-bearing account and pay you the interest earned along with the refund. You can ask for proof of the rate applied. Many tenants forget to claim this — put it in your demand.
Can be deducted: the reasonable cost of repairing damage you caused beyond fair wear and tear, arrear rent, and other charges you genuinely owe under the lease — all with proof.
Cannot be deducted: normal wear and tear (faded paint, worn carpets, minor marks from ordinary living), or costs for pre-existing issues that were there when you moved in. This is exactly why the incoming and outgoing inspection reports matter so much.
The joint inspection at move-out (and the one at move-in) is the landlord's evidence for any deduction. If a landlord skipped the incoming inspection, the Act treats the property as having been received in good condition — which makes it much harder for them to justify deductions later. Reference your inspection records in your demand.
LetterUp drafts a professional letter quoting the exact Rental Housing Act timeframes and the interest you're owed — ready to send as a PDF. R79, no account needed.
Your written demand should quote the relevant timeframe, ask for the deposit plus interest, require documentary proof of any deductions, and give a firm deadline before you approach the Rental Housing Tribunal. See our full letter of demand guide for the structure, or generate a landlord complaint letter directly.
7 days if there's no dispute, 14 days where deductions are made after a joint inspection, and 21 days where you didn't attend the inspection — plus the interest earned.
Yes. The landlord must invest it in an interest-bearing account and pay you the interest with the refund. You can ask for proof of the rate.
Only reasonable, receipted costs for damage beyond fair wear and tear, plus arrear rent or agreed charges. Normal wear and tear can't be deducted.
Send a written demand quoting the timeframes. If ignored, lodge a free complaint with your provincial Rental Housing Tribunal, which can order a refund with interest.
LetterUp is a document preparation service, not a law firm. This guide is general information, not legal advice, and does not create an attorney-client relationship. For a contested dispute, approach your provincial Rental Housing Tribunal or a qualified South African attorney.