Broken rent system leaves tenants powerless in deposit disputes

Windhoek renters say they are losing thousands of Namibian dollars in deposits as weak contracts, limited enforcement and costly legal processes leave many unable to recover their money.

While the law is clear that deposits remain the tenant's and must be refunded with interest, disputes between landlords and tenants are increasingly common and often go unresolved.

The recently launched Rent Payers Movement, which boasts 2 000 members already, says complaints about withheld or drastically reduced deposit returns are widespread, with many tenants claiming they are not given reasons for deductions or non-refunds. And they have little legal power to fight back.

“Under normal circumstances, the deposit should be refunded if the tenant leaves the property in the same condition," the movement’s chairperson Mabasen /Narib said.

"It is meant to cover breakages and whatever remains should go back to the tenant."

He added that tenants are often unfairly charged for minor issues.

“Charges for wear and tear are sometimes outrageous. It is very common that tenants are overcharged,” he said.

According to the organisation, weak or non-existent lease agreements make it harder for tenants to claim their money.

Many rental arrangements are concluded verbally, while deposits are sometimes paid in cash, leaving tenants without proof of payment.

“Some tenants just let it go to avoid the stress and conflict,” /Narib noted.

A long-time Windhoek resident echoed this, saying pursuing legal action is often not worth the cost.

“You could spend around N$10 000 on legal fees to claim about N$2 000. It’s the worst decision financially,” the renter said.

Real estate agent Daniel Yalmeida of Yalmeida Properties argued that tenants are not always blameless.

“About 90% of tenants do not return the premises as they found it,” he said, adding that experienced landlords often document property conditions before and after occupation.

He also pointed to cases where tenants abruptly terminate agreements, creating complications for landlords who may hold deposits in trust accounts that are not immediately accessible. “Landlords cannot just up and claim funds from banks from the tenants' say-so," he said, adding that "tenants sometimes victimise themselves."

At the same time, Yalmeida acknowledged that poor lease agreements contribute to disputes.

Some landlords rely on generic or informal contracts that are not properly drafted or legally binding. "Landlords use contracts drafted by Waltons, or dare I say even PNA; most contracts are not even signed with the finance ministry."

Weak laws

The Legal Assistance Centre (LAC) says renting is governed by the Rents Ordinance of 1977, which outlines the rights and responsibilities of both landlords and tenants.

Deposits, the LAC noted, are intended as security for damage caused by tenants.

Landlords are required to refund deposits with interest after a lease ends and may only deduct for proven damage or lost keys.

Importantly, the law prohibits deductions for normal wear and tear, which includes everyday deterioration such as faded paint or minor scuff marks, the LAC stressed.

Despite these provisions, enforcement remains a major challenge.

Rent boards, which are meant to provide an accessible platform for resolving disputes, are largely dormant, the LAC said.

As a result, tenants are often forced to pursue claims through the courts, a process that can be both costly and time-consuming.

This leaves many tenants weighing whether pursuing a claim is financially worthwhile at all.

The LAC has called for stronger legal remedies, including the revival of rent boards, to ensure tenants are adequately protected and deposit disputes resolved in a fair and affordable manner.