Now is not really the time to be worrying about whether or not your garden is going to impress the neighbours.

That being said, it pays to know what your rights and responsibilities are when you’re renting.

You signed that contract, after asking a friend with a legal background to read over it, but are you going to end up being stuck with a bill (or losing your deposit) if the garden goes bust?

BusinessTech spoke to some folks at Rawson Property Group, and they cleared up a few burning questions:

…a drought of this severity is classified as an Act of God under South African Common Law. As such, both parties are indemnified against claims made by one another for damages suffered as a direct result of the crisis.

“To put it simply, nobody can be held responsible for not fulfilling an obligation if the drought has made that impossible to do,” said Rawson’s Jacqui Savage…

“Any lease that falls under the CPA [Consumer Protection Act] – can be cancelled by the tenant with twenty business days’ notice, subject to reasonable penalties,” said Savage…

“Things like gardens and pools are typically the tenant’s responsibility to maintain,” said Savage, “and under normal circumstances, tenants have to foot the bill for any repairs arising from their neglect. Of course, water restrictions now make watering gardens and backwashing pools impossible, which means landlords can’t hold tenants responsible for damages that occur as a result.”

Well, isn’t that a little weight off the shoulders.

If you’re a tenant and you’re thinking this means that you can kick back, max and relax without any worries, you’re not home-free just yet.

There are still certain expectations that form part of your responsibility:

“There’s a lot you can do to prevent drought damage that doesn’t require doing the impossible,” said Savage. “Tenants are still expected to take reasonable measures to prevent unnecessary damage, including complying with restrictions and collecting greywater for strategic use. When it comes to bigger issues like dealing with stagnant pool water and protecting dry pool pumps, there’s a dual responsibility for landlords and tenants to find workable solutions, together.”

Oh, and if Day Zero rolls around and you’re still forking out for water and utilities, included as part of your monthly rental, then the more crafty out there could work on negotiating a reduced rate:

Tenants would be within their rights to negotiate a reduced rental amount to account for the reduced utilities charges that their landlord would be paying on their behalf.

“The key is really just for everyone to be as fair and as understanding as possible,” says Savage. “The law is there to protect us, but if we act with empathy and work together to the best of our abilities, we can get through this crisis without needing to resort to costly legal intervention.”

Maybe you’re tight mates with your landlord, in which case go right ahead, but I imagine that negotiating a reduced rate post Day Zero could mean a very close inspection when your lease comes to an end.

Empathy and understanding, because no one really wants to end up in court.

Unless they’re this guy.

[source:businesstech]