R
Legitimate Tenant Damages
R 0
After deducting 2-year wear-and-tear allowance
Total Repair Cost
R 0
Landlord Bears (W&T)
R 0
Legitimate Damages
R 0
Deposit Available
R 24ย 000
Deposit Deduction
R 0
Refund to Tenant
R 24ย 000
SA Law: The Rental Housing Act Section 5 requires a joint ingoing and outgoing inspection. Normal wear-and-tear (paint fading, minor carpet wear) is the landlord's responsibility โ€” only deliberate damage or negligence can be claimed. The deposit must be refunded within 14 days of lease termination (with interest earned).
How to Use This Calculator Damage • Wear-and-tear • Disputes

Damage Assessment Tab

Tick each damage category that applies, enter your repair cost estimate (ideally from 2+ contractor quotes), and enter the tenancy length. The calculator automatically applies the wear-and-tear deduction that the landlord must bear, leaving the legitimate tenant-caused damage amount. This is then compared against the deposit available to determine the net deduction and any shortfall.

Wear-and-Tear vs Damage

South African law requires landlords to distinguish between fair wear-and-tear (normal aging) and deliberate or negligent damage:

  • Landlord bears: paint fading, minor carpet wear, light scratches on surfaces, rust on taps
  • Tenant liable: holes in walls, broken windows/doors, burns, stains, pet damage, mould from negligence

The longer the tenancy, the more wear-and-tear the landlord must absorb. A 5-year tenant cannot be charged for the same level of paint recoating as a 6-month tenant.

Worked Example

Nomsa holds a R24,000 deposit for a tenant who rented for 2 years. On outgoing inspection: walls need repainting (R5,000), one door is broken (R2,000), and the oven is destroyed (R4,500). Total repair: R11,500.

After applying the wear-and-tear calculator: walls R5,000 ร— 30% landlord burden ร— 30% extra for 2 years = landlord bears R1,950. Door: minimal wear expected, tenant bears R1,700. Oven: tenant fully liable R4,500.

Legitimate damage: approximately R9,200. Deducted from R24,000 deposit = R14,800 refunded to tenant. No shortfall. Refund must be made within 14 days with interest earned on the deposit.

Frequently Asked Questions

What is the 14-day deposit refund rule in South Africa?

Under the Rental Housing Act, a landlord must refund the tenant's deposit within 14 days of lease termination (if no deductions) or within 21 days if repair costs are being deducted. You must provide a written itemised statement of deductions with quotes. Failing to refund within the statutory period makes the full deposit immediately repayable and may result in tribunal or court action against you.

Is a joint inspection report required in South Africa?

Yes. The Rental Housing Act (Section 5) requires a joint incoming and outgoing inspection. Both landlord and tenant must sign the report. Without a signed ingoing inspection report, a landlord cannot legally deduct anything from the deposit for alleged damage โ€” there is no baseline record to compare against. Always use a standardised inspection checklist and take time-stamped photographs at both move-in and move-out.

How many repair quotes do I need to deduct from a deposit?

The Rental Housing Tribunal and courts require a minimum of two written quotes from qualified contractors for any damage deduction to be substantiated. A single quote or self-assessment figure may be rejected. Use registered tradespeople and keep VAT invoices after work is completed โ€” the actual invoice (not just the quote) is the strongest evidence.

What can I do if damage exceeds the tenant's deposit?

If legitimate damage exceeds the deposit, you can pursue the shortfall through: Small Claims Court (claims up to R20,000, no attorney needed, fast and cheap), Magistrate Court (larger claims, 3โ€“6 months, attorney optional), or Rental Housing Tribunal (free but limited enforcement). You can also blacklist the tenant via TPN Credit Bureau. Consider whether the cost of litigation exceeds the shortfall amount.

Does pet damage count as normal wear-and-tear in South Africa?

No. Pet damage โ€” scratched floors, soiled carpets, damaged gardens, damaged door frames โ€” is considered tenant liability, not normal wear-and-tear. If the lease prohibits pets and the tenant had a pet, all pet-related damage is fully recoverable. If the lease allowed pets, document all pet damage separately in the outgoing inspection to distinguish it from normal aging of surfaces.