26/04/2025
Warning to unmarried couples and friends living together in South Africa
Many South Africans rent a home with their friends or their partner, but experts have warned that they face legal headaches if these living situations deteriorate.
This is the message from Seeff Property Group, which highlighted the need to take proactive steps to avoid the pitfalls of shared living spaces when relationships sour.
Key among this is to ensure that any form of communal living is accompanied by written and documented agreements regarding any rules and responsibilities around money.
According to the latest census by Stats SA, approximately 4.7 million South Africans live with an unmarried partner or in a cohabiting relationship.
Seeff noted that this is unsurprising as renting a home with a friend or partner is an appealing way to cut costs while enjoying a better quality of life.
Shared expenses make it easier to afford a larger, better-located property, and the companionship can make the experience more enjoyable.
However, while financially beneficial, Seeff warned that this arrangement has potential legal pitfalls regarding lease agreements, money owed, and deposits.
“Renting a property with a friend or partner can be a fantastic way to share costs and enjoy a larger, more desirable living space,” the group said.
“However, it should always be done with forethought to avoid potential future pitfalls, including a fallout if the relationship sours down the road.”
The property group explained that one of the most important issues to address when living with someone else is the lease agreement itself.
Seeff stressed that the person whose name appears on the lease is legally responsible for the rent payments and meeting all the contract’s obligations.
“If only one tenant signs the lease, they carry the full responsibility, regardless of any verbal agreements with their co-tenant,” said Seeff.
Upfront and in writing is best
Seeff advised that tenants decide upfront whether the lease should be signed jointly or by just one party, with Seeff advocating for the former option.
A jointly signed lease offers more balance, but also means that each tenant is “jointly and severally” liable, which means either person can be held responsible for the full rental amount and any property damage.
Another common area of conflict is early termination. According to Seeff, a lease clause outlining the process and cost implications if one party wants to move out early is a good idea.
This usually means the remaining tenant would need to sign a new lease, and the departing tenant’s deposit portion would need to be settled.
“The parties should make provisions for finding a replacement tenant and how the departing tenant’s portion of the deposit will be handled,” Seeff added.
Regarding money matters, Seeff highlighted the importance of clarity and documentation. Disputes over who owes what can quickly sour a living arrangement.
“It is best to agree upfront, preferably in writing, to avoid any future misunderstandings,” the property group said.
This includes detailing how the deposit, rent, utilities, and shared household expenses will be split and setting up a system, like a shared spreadsheet, to track payments.
House rules are just as important as financial ones. Conflicts can easily arise from differing lifestyles, such as noise levels, guest policies, and cleaning habits.
Seeff suggested drawing up agreed-upon rules for communal living to help prevent tensions and resentment.
Simple guidelines around chores, visitors, and quiet hours can go a long way in maintaining harmony in the home.
Seeff strongly noted the importance of tenants to keep thorough records. All agreements, payments, and relevant communications should be documented and stored.
“This documentation can be crucial if legal disputes arise with a flatmate or the landlord,” the group added.
