RENTING TO FOREIGNERS NOT A COMPLICATED PROCESS
Category Advice
There are increasing numbers of tenants who SAProperty.com deal with (particularly in the Cape and Gauteng areas) who are foreigners, and while it is fairly straightforward to formalise a lease with a foreign tenant, it has to be remembered that the person renting property must have a legal temporary residence permit or a permanent residence permit that has been approved by the Department of Home Affairs, says Michael Bauer, managing director of SAProperty.com.
Foreigners living and working in South Africa are not regarded as non-residents by the SA Reserve Bank, but become residents for the time that their work permit is valid. If they do not have a valid permit, however, and a landlord decides to rent to them anyway, it is aiding and abetting an illegal foreigner and is classified as a criminal offence, in terms of the Immigration Act.
The Immigration Act provides for various temporary residence permits to be issued to foreigners, such as:
• A visitor’s permit
• A work and entrepreneurial permit; or
• A retired person permit.
If the person applying to rent a property has any of the above-mentioned, they can legally rent (or buy) property in South Africa. Landlords should ask for proof of the prospective tenant’s residency documentation before signing a lease, said Bauer.
Author: SAPROPERTY
