Free Tenancy Agreement Template for South Africa
A plain sample you can copy and adapt. General information, not legal advice.
Direct answer: A tenancy agreement for a South African home should name the landlord and tenant, describe the property, state the term, the rent and how it is paid, the deposit and the interest-bearing account it must be held in, each side's obligations, who does repairs, how the tenancy can end, and the governing law, then be signed and witnessed. The sample below covers all of that. Copy it, fill in the brackets and have a lawyer review it before use.
The Template
Fill in the blanks directly below, they hold the same place as the [square brackets] in a plain copy of this template. This is a general residential sample for a fixed term such as a year, and a starting point you should change to fit your arrangement.
This runs in your browser. What you type here is never sent to Domby or saved, so it's gone if you leave the page, copy or print when you're done.
What Each Clause Is For
Parties and premises. Use full legal names and the exact address including the unit. A vague description is a common source of disputes. Term. State the start and end dates, not just "one year", so nobody has to work out the end date later.
Rent. Say how much, how often, by when and how it is paid, and commit to a receipt for each payment stating the period it covers; this is in fact a legal requirement under the Rental Housing Act 50 of 1999, Section 5(3). Deposit. State the amount, confirm it will be held in an interest-bearing account as the Rental Housing Act requires, and set out when it is refunded. Our guide to rental deposit rules in South Africa explains the exact refund deadlines, 7, 14 or 21 days depending on the circumstances.
Obligations and repairs. Listing what each side must do, and who fixes what, removes most arguments about leaking roofs and broken fittings. Rent review and renewal. Agreeing in writing before the new term avoids a rent increase surprise; see how a landlord can increase rent in South Africa.
Ending the tenancy. This is the clause to get right. South African law does not allow a landlord to recover the property without a court order, under any circumstances, including non-payment of rent or an expired term. Our eviction law guide explains why, and what the court process actually involves under the Prevention of Illegal Eviction Act 19 of 1998. Signing. Both parties sign, ideally with a witness each, and each keeps a signed copy.
Before You Use It
A template is a starting point, not a substitute for advice. Have a lawyer read the final version, especially for a long term, a high rent, or a commercial use.
Generating It Automatically in Domby
Typing the same details into a template for every tenant is slow and easy to get wrong. On the Pro plan, Domby generates a tenancy agreement from each tenant's own record, filling the parties, the premises, the term, the rent, the deposit and the schedule for you, and you can set your own wording once and reuse it. The record of dates and payments stays in the same place, so you also know when each tenancy is ending.
FAQ
Yes. You can copy it, fill in the brackets and use it. It is a general sample, so adapt it to your arrangement and have a lawyer review it, especially for a long term or a high rent.
It is good practice to state it clearly, since the Rental Housing Act 50 of 1999 requires the deposit to be held in an interest-bearing account with the interest paid to the tenant. Putting this in writing avoids disputes later.
The names of both parties, the property, the start and end dates, the rent and how it is paid, the deposit and its interest-bearing account, what each side must do, who does repairs, how the tenancy can end, and which law applies, plus signatures and witnesses.
No, and such a clause would not be enforceable. South African law, under the Prevention of Illegal Eviction Act 19 of 1998, requires a court order for every eviction, regardless of what a lease says.
It is written for a residential tenancy. A shop or office needs different terms, such as permitted business use, so get a lawyer to adapt or prepare it.
On the Pro plan, yes. Domby generates a tenancy agreement from each tenant's record, and you can set your own wording once and reuse it.
Related guides
Related reading: rental deposit rules in South Africa and whether a landlord can evict a tenant without going to court. See also what rights a tenant has in South Africa and how a landlord can increase rent in South Africa. Browse all landlord guides.
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