Document number: LEASE AGREEMENT

Transcription

1 Document number: LEASE AGREEMENT

2 - 1 - THIS AGREEMENT was drawn up and entered into between (name of lessor) (hereinafter referred to as the LESSOR), whose address is as follows: AND (name of lessee) referred to as the LESSEE) (hereinafter 1. The LESSOR leases to the LESSEE, who leases the following property : Address of property: Which shall include: -2-

3 2. The lease agreement shall be for a fixed period of said date. Calculated from and ending on and the LESSEE undertakes to vacate the property on the 3. The LESSEE shall have the option to extend the lease agreement for a further period of calculated from the date of termination, with the proviso that the LESSOR shall be given written notice of the LESSEE s intention to exercise this option at least calendar month(s) before the date of termination. During the period of extension all the conditions contained herein shall apply to the extended lease agreement, except that the LESSEE shall have no further right of extension. 4(a) The rental for the fixed period shall be R., 00 (in words): ) per month, payable monthly in advance on the first day of every month to the LESSOR at (address): time. or at such other place as the LESSOER may designate in writing from time to 4(b) Should the option be exercised in terms of the provisions of this contract, the rental for such further period shall be R,00 ( in words: ), which shall be paid in the same manner.

4 5. THE LESSEE (a) Shall pay for all water and electricity supplied to the property; (b) shall pay all amounts due in terms of this lease agreement free of bank commission; ( c) shall not cede or transfer the lease agreement; (c) (d) shall not, without the written permission of the LESSOR, sublet the whole or part of the property to anybody for occupation except his immediate family; shall use the leased property only for residential purposes unless the LESSOR s written permission for its use for other purposes is obtained; (e) shall keep the property clean, habitable and neat and care for and maintain the garden; (f) shall not without the written permission of the LESSOR make structural or other alterations, additions or improvements to the property; (g) shall allow the LESSOR or his duly authorised AGENT to inspect the property at all reasonable times; (i) shall not through deliberate action or neglect do or allow to be done anything that will invalidate the insurance policies on the property or cause the premiums on them to be increased; and (j) shall not cause a noise or disturbance that will in any way impair the peaceable and quiet occupation of his or her neighbours. 6. THE LESSOR (a) shall be responsible for the maintenance and upkeep of the exterior of the property, including the roof ;

5 (b) shall not be responsible for damage suffered by the LESSEE due to leakage, rain, hail, snow, fire or interruption of the water and electricity supply or any cause whatsoever; ( c) shall from the date on which this lease agreement is signed be responsible for paying rates and service charges for which this property is assessed; (c) (d) (e) shall at any time during the currency of the lease agreement be entitled to require from the LESSEE to restore the property at the LESSEE s cost to the condition that it was in on the date of occupation; shall forthwith repair structural defects that appear in the property; and shall be responsible for the repair and maintenance, as circumstances may require, of the interior of the property, including all ceilings and cooking, heating, cooling, lighting, plumbing and air-conditioning installations as well as any part of doors, windows and installations.

6 In the event of the total or partial destruction of the property or part of it due to any cause, the LESSEE shall be entitled to terminate the lease agreement, failing which it shall continue, but the LESSEE shall be entitled to a proportional reduction in rental for the period during which the property is being repaired. The LESSEE shall have no claim for compensation against the LESSOR but should the destruction be due to the default or negligence of the LESSEE, his family, servants or persons who occupy the property with his permission, the LESSOR shall in such circumstances be entitled to claim compensation for the damage the LESSOR has suffered. 8. Should the LESSEE fail to pay the rental or part of it on the due date or violate some other condition of this lease agreement and remain in default for seven (7) days after having received notice from the LESSOR demanding payment of the rental or correction of the violation, as the case may be, or should the LESSEE become insolvent, the LESSOR shall have the right to cancel this lease agreement forthwith and to enter and repossess the leased property without prejudice to any claim the LESSOR may have against the LESSEE for rental due, damages, breach of contract or anything whatsoever. Should the LESSOR cancel this agreement and the LESSEE dispute the right to cancel and continue to occupy the property the LESSEE shall, pending the settlement or adjudication of any claim either through negotiation or litigation, continue to pay an amount equal to the monthly rental provided for in this lease agreement monthly in advance on the first day of the month and the LESSOR shall be entitled to accept and recover such payment and the LESSOR s claim for cancellation then in issue shall not be prejudiced or in any way be affected by such acceptance. Should the dispute be decided in favour of the LESSOR, the payments made and received in terms of this clause shall be deemed to be amounts paid by the LESSEE in respect of damages suffered by the LESSOR due to the cancellation of this lease agreement and/or the unlawful occupation of the property by the LESSEE Any relaxation, concession or remission that the LESSOR or his AGENTS may grant the LESSEE or any condonation by the LESSOR of a violation of the stipulations of this lease agreement shall not be binding on the LESSOR and he

7 shall at all times be entitled to demand that the LESSEE properly and promptly discharge all obligations. 10. Any notice that the LESSOR wishes to serve on the LESSEE shall be deemed to have been properly served if it was sent to the LESSEE at the property by prepaid registered letter or was left at such address by the LESSOR or his AGENT. Each notice shall be deemed to have been received three (3) days after its dispatch by registered mail or on the day it was delivered by hand in terms of this contract. 11. The LESSEE elects the property as his domicilium citandi et executandi and agrees to the jurisdiction of the magistrate s court for the purpose of legal steps that may arise from this lease agreement. 12. No amendment of the stipulations of this lease agreement shall be valid unless it is put in writing and signed by the LESSOR and LESSEE or their duly appointed AGENTS. 13. The cost of this lease agreement together with the stamp duty thereon shall be paid by the LESSEE. 14. A deposit equal to one month s rental shall be payable to the LESSOR. Should any damage to the property become apparent when the LESSEE vacates the rented house, the costs shall be recovered from the deposit.

8 Special conditions: - 8 -

9 The parties signed this contract in the presence of the undersigned witnesses: By the LESSOR at on the day of 20. AS WITNESS: 1. LESSOR 2. By the LESSEE at on the day of 20. AS WITNESS: 1. LESSEE 2.