Model rental property tenants often morph into nightmare tenants when they move out. Damage caused at the property during tenancy, often coupled with unpaid utility bills, can jeopardise the Landlord's prospective financial return.

It is therefore advisable to take note of the provisions of the Rental Housing Act, especially those in respect of incoming and outgoing inspections of the property. As a general rule, the Rental Housing Act stipulates that a Landlord may not charge a tenant for damage to the premises on expiry of the lease in the event that he failed to perform both, a joint incoming and exit inspection.

This provision is made in fairness to the tenant, who may only be held liable for damage if it occurred during, and as a result of his tenancy. A joint exit inspection must be held at least 3 days prior to the expiry of the lease in order for the Landlord to have a claim for such damage, which must then be quantified and deducted from the initial damages deposit. Therefore and in order for a Landlord to sufficiently prove damage to the property which occurred during the tenancy, it is certainly advisable to be as diligent and specific as possible in and during both inspections and photographs taken together with the recordal of existing damage at the property during the incoming inspection (often referred to as a "snag list") in writing, will prove to be of substantial importance as points of reference at a later date and especially in comparison with the condition of the property at the time of the exit inspection upon expiry of the lease.

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Author: Maryke Hennig