How long does a landlord have to return my deposit?

How long your landlord has depends on two things: whether the two of you did a joint inspection when you moved out, and whether there is damage to repair. Under the Rental Housing Act 50 of 1999, the usual timelines are seven days from the end of the lease where an inspection was done and nothing needs fixing, about 14 days after the repairs are finished where there is damage, and about 21 days from the end of the lease where no outgoing inspection took place at all. In every case the deposit comes back with the interest it earned.

The deposit is your money, held in trust

A landlord may ask for a deposit, and most do. What the landlord may not do is treat it as extra income. The Rental Housing Act requires the deposit to be invested in an interest-bearing account with a financial institution, and the interest belongs to you, not the landlord. You are entitled to ask for written proof of the interest earned, and the landlord must provide it on request.

The deposit is security for damage, unpaid rent and unpaid utilities. It is not a cancellation fee, and it is not the last month's rent. Unless your landlord agrees in writing, you cannot simply live out the deposit by skipping the final month, and doing so gives the landlord a clean deduction against you.

Inspections decide the timeline

Two inspections matter.

The incoming inspection should happen jointly before you move in, and the defects you both note become the baseline. Do this properly. Photograph every room, every mark on the wall, the geyser, the stove, the taps and the outside. Send the photos to the landlord by email or WhatsApp the same day so there is a dated record.

The outgoing inspection should be done jointly in the last few days before the lease ends. This is where deposits are won and lost. If the landlord does not arrange it, and you have made yourself available, the landlord is treated as having accepted the property in good condition. That means no deductions and a full refund with interest, usually within about 21 days of the lease ending.

If the inspection happens and there is no damage beyond fair wear and tear, the refund is normally due within seven days of the lease ending.

If the inspection shows damage you are responsible for, the landlord may repair it and refund the balance, normally within about 14 days of the repairs being done, together with the receipts and invoices. You are entitled to see what the money was spent on. A round number scribbled on a statement is not a proper accounting.

What may and may not be deducted

Fair wear and tear is the normal deterioration that comes from living in a place. Faded paint after three years, small scuffs on a skirting, worn carpet in a hallway and a tired kitchen counter are wear and tear, not damage. A landlord may not charge you to repaint the whole flat as a matter of course.

Deductions that are usually fair are broken windows, holes in walls beyond a picture hook, missing keys or remotes, damaged cupboard doors, a stained or burnt counter, a garden left completely overgrown, arrear rent, and unpaid water, electricity or levy charges that are your responsibility under the lease. Cleaning may be charged if the place is left genuinely dirty, but not simply as a standard fee if the lease does not say so.

If the deposit does not come back

Start in writing. Send a short letter or email that says when the lease ended, what deposit you paid, that no lawful deductions apply, and that you require payment plus interest within a stated number of days. Attach your photos. Keep the delivery record.

If that does not work, you have free options.

• The Rental Housing Tribunal in your province hears deposit disputes at no cost. You complete a complaint form, the Tribunal usually tries mediation first, and if that fails it holds a hearing and issues a ruling. A Tribunal ruling is enforceable in the same way as a magistrate court order, and failing to comply with it is an offence.
• The Small Claims Court handles claims up to R20 000, costs nothing, and does not allow lawyers on either side. You go to the clerk with your lease, your proof of payment and your letter of demand.
• If you cannot afford advice, Legal Aid South Africa on 0800 110 110 can point you to the right forum.

For most deposit disputes an attorney costs more than the deposit is worth, which is exactly why the Tribunal and the Small Claims Court exist.

If you are the landlord

Do the paperwork and you will rarely lose a deposit dispute. Keep the deposit in a separate interest-bearing account from day one, run a joint incoming inspection with a signed list and photographs, invite the tenant in writing to the outgoing inspection, keep the invitation, and refund with a written breakdown and actual invoices inside the timelines above. Tribunals routinely rule against landlords who cannot show an outgoing inspection or cannot produce receipts for what they deducted.

Related reading: Who pays for repairs in a rental property? and What happens if I break my lease early?.

LawMatch is not a law firm and this page is general information, not legal advice about your situation.