Why every tenant and landlord need a written lease

DUE to the shortage of housing in our towns, many people now live in rented rooms, flats or houses. While this provides much-needed accommodation, it has also led to a growing number of disputes between landlords and tenants. In most cases, these disagreements arise from one simple problem — the absence of a written lease agreement.

What is a lease?

In simple terms, a lease is a legal agreement between two parties. One person, known as the landlord or lessor, allows another person, the tenant or lessee, to use a property for a specified period in exchange for rent.

The law does not require a lease to be in writing for it to be valid. A verbal agreement can still constitute a legally recognised lease. However, verbal agreements often lead to “he said, she said” disputes that can be difficult to prove when problems arise.

For that reason, a written lease is always the safer option. It serves as a clear set of rules for both parties, outlining their rights and obligations. It also provides important evidence should a dispute end up before a court.

Why you need a written lease

A written lease does not have to be complicated. At a minimum, it should clearly state:

The names of the landlord and tenant.
The property being rented.
The amount of rent payable and when it must be paid.
The duration of the lease.
Rules relating to repairs, water, electricity and notice periods for termination of the lease.

Without a written agreement, even minor issues can quickly escalate into major disputes.

Can a landlord enter a tenant’s room without notice? Who is responsible for repairing a leaking tap? How much notice should a tenant give before moving out?

A properly drafted lease answers these questions from the outset, reducing misunderstandings and preventing unnecessary conflict.

Security deposit: The month’s rent you must understand

One of the most common sources of disagreement between landlords and tenants is the security deposit.

In most cases, the deposit is equivalent to one month’s rent, although the landlord and tenant may agree on a different amount.

A security deposit acts as a safeguard for the landlord. Some tenants cause damage to property such as walls, doors or plumbing fixtures. Others vacate the premises without paying their final month’s rent. The deposit helps the landlord recover such losses.

The important word, however, is refundable.

Once the lease comes to an end, the landlord is generally expected to return the deposit to the tenant. However, the landlord may retain part or all of the deposit if:

The tenant caused damage beyond normal wear and tear.
The tenant failed to provide the notice required under the lease agreement.

For this reason, tenants should ensure that the condition of the property is properly recorded when they move in. A checklist and photographs can help prevent disputes later.

Similarly, when the tenant is preparing to move out, both parties should conduct a final inspection of the property. If possible, they should sign a document confirming the property’s condition. This protects both the landlord and the tenant and provides a clear record should any disagreement arise.

Final word

You cannot learn everything about leases in one short column, but one principle is essential: get it in writing.

A simple, signed lease agreement, coupled with proper records of any security deposit paid, can save both landlords and tenants significant stress, time and money.

If you cannot afford a lawyer, seek assistance from a legal aid clinic or your local magistrates’ court, where basic lease templates may be available.

It is far better to spend 10 minutes putting clear terms on paper today than to spend 10 months fighting over them in court tomorrow.