Lease Agreement

RESIDENTIAL LEASE AIRGEEMENT

1           Introduction

The landlord lets and the tenant hires the property described for residential purposes (and for no other purpose).

2           The Parties

2.1                    The landlord(s) is , IDPassport number , issued by the government of: .  The landlord's address for the purposes of all correspondence and notices in terms of this contract and at which documents in legal proceedings in connection with this contract may be served is as follows:

2.1.1                           

(this address is for the purposes of legal proceedings ‑ it must be a physical address);

2.1.2                            email address;

2.1.3                            (mobile phone number).

2.2                    The tenant(s) is , IDPassport number , issued by the government of: .  The tenant's address for the purposes of all correspondence and notices in terms of this contract and at which documents in legal proceedings in connection with this contract may be served is as follows:

2.2.1                           

(this address is for the purposes of legal proceedings ‑ it must be a physical address);

2.2.2                            email address;

2.2.3                            (mobile phone number).

3           The property

3.1                    The property which the landlord lets to the tenant is a housean apartmentother .  If other was selected, the property is .

3.2                    The property is situated at the following address:

3.3                    Number of rooms: .

3.4                    Number of bathrooms: .

3.5                    Number of parking bay(s)garage(s) : .  Parking bay(s) or garage

3.6                    Approximate area, if available .

3.7                    Further details concerning the property (for example, erf number, sectional title scheme number, etc), if available: 

3.8                    The property is furnishedunfurnished .  If the property is furnished it contains the following:

4           Rent

4.1                    R per weekmonth payable in advance on the first day of the relevant period.

4.2                    Rent must be paid in cash.  If payment is required to be made by way of an electronic bank transfer then it must be paid into account number , at the Branch of bank. 

4.3                    The tenant must also pay the costs of:

4.3.1                            electricity; 

4.3.2                            water; 

4.3.3                            gas; 

4.3.4                            rates and taxes; and

4.3.5                            the following services (insert details of other items not listed above): 

used or charged in respect of the property during the lease, in the amount due, directly to the company providing that service or utility and, if paid by the landlord, must be reimbursed to the landlord within 5 days after receiving an account from the landlord showing the amount payable or paid. 

4.4                    The landlord must give the tenant a written receipt for all payments received by the landlord from the tenant (the receipt must be dated and clearly indicate the address, including the street number and further description, if necessary, of the property in respect of which payment is made, and whether payment has been made for rental, arrears, deposit or otherwise, and specify the period for which payment is made).

5           Deposit

5.1                    The tenant mustdoes not need to give the landlord a deposit.  If a deposit is required to be paid the amount of the deposit is R;

5.2                    The landlord acknowledges and confirms that, according to law:

5.2.1                            the deposit must be invested by the landlord in an interest‑bearing account with a bank; 

5.2.2                            the landlord must pay to the tenant the interest earned (this interest rate must be at least equal to the rate applicable to a savings account with that bank); and

5.2.3                            the tenant may request that the landlord provide written proof in respect of interest accrued on such deposit.

6           Duration

6.1                    The lease will commence on (this date is the commencement date) and will end on a fixed datethe expiration of a notice period as follows:

6.1.1                            if the lease ends on a fixed date, that date is (the period from the commencement date to such termination date is the initial period);  or

6.1.2                            if the lease ends on the expiration of a notice period the notice period is daysweeksmonths . 

6.2                    upon termination of the initial period, this lease will automatically continue until terminated by either of the tenant or the landlord upon week(s)months(s) notice, unless:

6.2.1                            either party expressly advises the other prior to the termination of the initial period that it does not want this lease to continue after the initial period has terminated; or

6.2.2                            the parties agree to extend the lease for a further fixed‑term period.  in this regard: 

6.2.2.1                                     should the parties agree to renew or extend the lease and not to alter any other terms of the lease, then the parties will sign an addendum specifying the further fixed-term period applicable, which addendum will be annexed to the lease; 

6.2.2.2                                     should the parties, by agreement, seek to alter any other terms of the lease other than extending the fixed-term period of the lease, then the lease will be deemed to have terminated on expiry of the initial period and the parties will conclude a new lease agreement. 

6.3                    if this lease continues on a month-to-month basis in terms of clause ‎6.2, either party shall be entitled to terminate this lease without reason or penalty at any time, provided that they give the other party a calendar month’s written notice of such termination.

6.4                    In order to allow the tenant to decide whether to continue with this lease upon expiry of the initial period, the landlord shall notify the tenant in writing between 40 and 80 business days prior to the expiry of the initial period of:

6.4.1                            the date of termination of the initial period;

6.4.2                            any material changes that will apply if this lease is automatically continued on after the termination of the initial period; and

6.4.3                            the fact that this lease will automatically continue on a month-to-month basis upon expiry of the initial period, unless the tenant expressly stipulates by no later than 20 business days prior to the date upon which the initial period is due to terminate that the tenant wishes for the lease to terminate on the expiry of the initial period, or that the tenant wants to extend the lease for a further fixed-term period, in which case the provisions of clause ‎6.2 above will apply.

6.5                    The tenant doesdoes not have an option to renew the lease. 

6.5.1                            If the tenant has an option to renew the lease then the tenant must give the landlord notice that s/he wants to renew the lease.  This notice must be given day(s) before the end of the original lease period.

6.5.2                            If the lease is renewed it will be on the same terms and conditions as the original lease except that:

6.5.2.1                                     the tenant does not have a further right to renew the lease;  and

6.5.2.2                                     the rent will be R per period (this period is the same period as in the first lease).

7           Maximum number of residents in the property and pets

7.1                    The maximum number of residents allowed to live in the property (this excludes occasional visitors for a period not exceeding 2 weeks) for the duration of the lease is .

7.2                    The tenant maymay not keep animals in the property.  If animals may be kept in the property then:

7.2.1                            the type of pet(s) allowed to be kept is/are ;  and

7.2.2                            the maximum number of pets allowed to be kept is .

8           Inspection of the property

8.1                    The landlord confirms having inspected the property before the tenant moved into the property.

8.2                    The tenant confirms having inspected the property before the tenant moved into the property.

8.2.1                            The property has the following defects, if any:

8.2.2                            The landlord has to fix the following defects on or before the commencement date:

9           Subletting

The tenant maymay not sublet the property without the prior permission of the landlord.

10        Use of the property

The tenant confirms that the tenant shall:

10.1                 ensure that the property and its immediate surrounds are at all times kept clean, tidy and habitable;

10.2                 not infringe any law, servitude, licence or permit relating to the property;

10.3                 not bring into the property any article which, by reason of its weight or other characteristics, is liable to cause damage to the property;

10.4                 not contravene any of the conditions of title of the property or any of the laws, rules or regulations affecting owners, tenants or occupiers of the property;

10.5                 not cause or commit any public nuisance;

10.6                 refrain from interfering with the electrical, plumbing or gas installations or systems serving the neighbours of the property, except as may be necessary to enable the tenant to carry out its obligations of maintenance and repair in terms of this lease;

10.7                 take all reasonable measures to prevent blockages and obstructions from occurring in the drains, sewerage pipes and water pipes serving the property;  

10.8                 provide, at the tenant's own expense, all electric, fluorescent and incandescent light bulbs required in the property.

11        Maintenance of the property

The tenant confirms that the tenant shall, at her/his own expense:

11.1                 throughout the duration of the lease, maintain in good order and condition the property, the contents of the property and the immediate surrounding area to the property;

11.2                 during the lease, promptly repair or make good all damage caused to the property by the tenant.

12        Return of the property at termination of the lease

12.1                 The tenant confirms that landlord has the right to have the property returned to the landlord at the end of the lease.  

12.2                 The tenant confirms that the tenant must return the property to the landlord in substantially in the same condition the property was in at the beginning of the lease, fair wear and tear excluded.

12.3                 At the end of the lease the landlord and tenant must arrange to meet and jointly inspect the property.  The inspection must be on a date and time which is convenient to both the landlord and the tenant, and not later than 3 days before the end of the lease.  At the inspection the parties need to check if any damage was caused to the property while the tenant occupied the property. 

12.4                 At the end of the lease the landlord may use the deposit and the interest thereon for the purposes of the payment of all amounts which the tenant is required to pay but has not paid, including the reasonable cost of repairing damage to the property during the lease and the cost of replacing lost keys.  The balance of the deposit and the interest thereon, if any, must then be refunded to the tenant by the landlord not later than 14 days after the property was returned to the landlord.

13        Other terms and conditions

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13.5