Can a Landlord Enter a Rented Property to Pick Fruit in the garden,in Cape Town?

Lake Properties                     Lake Properties

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If you’re renting a home in Cape Town and your landlord shows up unannounced to pick fruit from the garden, you’re right to question it. This isn’t a grey area. South African rental law is clear: once a property is leased and occupied, the tenant has the right to privacy and quiet enjoyment of the entire premises — including the garden.

This article breaks down the legal position, common misconceptions, what your lease might change (and what it can’t), and what to do if a landlord oversteps.

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The Legal Foundation: Tenant’s Right to Quiet Enjoyment

Under the Rental Housing Act, tenants are entitled to:

• Privacy

• Peaceful and undisturbed use of the property

• Protection from arbitrary or unauthorised entry

“Quiet enjoyment” means exactly that: the landlord gives up day‑to‑day control of the property for the duration of the lease. Ownership does not equal access.

Once you’ve taken occupation, the landlord may not enter the property — inside or outside — without following the correct legal process.

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Does the Garden Count as Part of the Rented Property?

In most Cape Town residential leases, yes.

If you are renting:

• A freestanding house, or

• A garden flat with exclusive use of the yard,

then the garden, lawn, fruit trees, and outdoor areas are part of the leased premises unless the lease explicitly excludes them.

That means:

• The landlord cannot enter the garden freely

• Fruit trees on the property are within your zone of occupation

• Entry rules apply just as strictly outdoors as they do indoors

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When Is a Landlord Allowed to Enter a Rented Property?

A landlord may only enter if all of the following apply:

1. There is a legitimate reason
   Examples include maintenance, repairs, inspections, or showing the property to future tenants or buyers.

2. Reasonable notice is given
   Typically 24–48 hours, agreed in advance.

3. Entry occurs at a reasonable time
   Not early mornings, late evenings, or repeatedly without cause.

4. The tenant consents
   Consent can be verbal or written, but it must exist.

👉 Picking fruit is not a legitimate reason under the Act. It is not maintenance, not an inspection, and certainly not an emergency.

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The Emergency Exception (and Why It Doesn’t Apply)

The only time a landlord may enter without notice is in a genuine emergency, such as:

• A burst pipe

• A fire risk

• Structural danger

Harvesting lemons, avocados, figs, or oranges does not qualify — no matter how ripe they are.

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What If the Lease Mentions the Garden or Fruit Trees?

This is where things sometimes get misunderstood.

If the lease says:

• The tenant must maintain the garden → that does not give the landlord access rights.

• The landlord retains ownership of fruit → ownership does not override privacy or entry rules.

Even if the landlord has a contractual right to fruit, they still must request access properly. They cannot simply let themselves in.

If the lease is silent on fruit trees, default tenant rights apply.

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Is This Considered Harassment?

It can be.

Repeated unauthorised entry, ignoring requests for notice, or treating the property as if it’s still the landlord’s personal space may amount to harassment or unfair practice under the Rental Housing Act.

This is especially serious if:

• The landlord has keys and lets themselves in

• Entry happens while you’re away

• You’ve already objected in writing

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What Should Tenants Do If This Happens?

1. Put it in writing
   Politely but firmly state that you require notice and consent for any entry, including garden access.

2. Refer to the Rental Housing Act
   You don’t need to threaten — just be clear that you know your rights.

3. Check your lease carefully
   Look for clauses about access, inspections, and garden use.

4. Escalate if necessary
   If the behaviour continues, you can lodge a complaint with the Rental Housing Tribunal (Western Cape) at no cost.

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Common Myths — Debunked

• “I own the house, I can come and go.”
  False. Ownership does not trump tenancy rights.

• “It’s just the garden, not the house.”
  False. The garden is part of the leased premises.

• “I’m only there for five minutes.”
  Irrelevant. Entry without consent is still unlawful.

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Why This Matters in Cape Town’s Rental Market

With high rental demand across areas like Rondebosch, Claremont, Sea Point, and the Southern Suburbs, boundaries matter. Professional landlords understand that respecting tenant rights:

• Prevents disputes

• Protects property value

• Leads to longer, more stable tenancies

Amateur behaviour creates friction — and legal risk.

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Lake Properties Pro‑Tip 💡

A well‑drafted lease prevents 90% of landlord‑tenant conflict. At Lake Properties, we ensure access clauses, garden responsibilities, and tenant privacy are crystal clear from day one — protecting both parties and avoiding unnecessary disputes.

If you’re buying an investment property or renting out a home in Cape Town, professional structuring isn’t optional — it’s smart risk management.

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Russell 

Lake Properties

http://www.lakeproperties.co.za  

info@lakeproperties.co.za 

083 624 7129 

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