MEMORANDUM OF LEASE AGREEMENT

Transcription

1 MEMORANDUM OF LEASE AGREEMENT ENTERED INTO BY AND BETWEEN LUTZ TRUST (Trust No IT4694/95) (duly represented herein by DANIEL JAKOBUS LUTZ, in his capacity as Trustee (hereinafter referred to as the Lessor) and Full Names: * Id. No.: With address at: (physical address) (hereinafter referred to as the Lessee. Full and further particulars of the Lessee is attached hereto in the attached Addendum A.) 1. DEFINITIONS: TENANCY: From 1 December _ 2008 _ to 30 November _ 2009 _ PREMISES: Consisting of: THE ROOM Room no of Apartment No in the * Lutz Building, 11 Victoria Street, Stellenbosch, being a single / double room, * (hereinafter referred to as the Room ) and the COMMUNAL AREAS The communal use of the lounge and dining room area, kitchen and bathroom, together with the other Lessees in the relevant Apartment, as well as the entrance areas to the Apartment (hereinafter referred to as the Apartment ) RENT: R per month / per year * (inclusive of water and electricity). DEPOSIT: R 3 000,00

2 Page 2 of 6 WHEREAS: 2. The Lessor is the owner of the Lutz Building, 11 Victoria Street, Stellenbosch; 3. The Lessor is willing to lease the Premises referred to in paragraph 1, to the Lessee and the Lessee is willing to lease the Premises from the Lessor; THEREFORE IT IS AGREED BETWEEN THE PARTIES AS FOLLOWS: 4. LEASE The Lessor hereby lets and the Lessee hereby leases the Premises for the tenancy as described above in paragraph DEPOSIT A deposit equal to the amount, as described in paragraph 1 above, shall be payable, by the Lessee to the Lessor upon the signing of this Contract. The Lessee will not be allowed to utilise the deposit as payment of the final month s rental. 5.1 The deposit shall be kept in Trust. Deposits shall accrue interest for the account of the Lessee at the rate at which the deposit is invested. 5.2 Upon the lapse of the tenancy, the deposit will be repayable to the Lessee, and will be paid within 20 (twenty) days of the expiration of the tenancy, by the Lessor to the Lessee, provided that: The Lessor shall be entitled to recover from the Lessee s deposit, all the necessary expenses to repair the Room to the exact same condition it was in, before the date of the commencement of the tenancy in terms of this agreement, normal wear and tear and wastage over a length of time excluded but including the cleaning of carpets and repainting of the Room The Lessor shall be entitled to recover from the Lessee s deposit, all the necessary expenses to repair the Communal Areas to the exact same condition it was in, before the date of the commencement of the tenancy in terms of this agreement, normal wear and tear and wastage over a length of time excluded but including the cleaning of carpets and repainting of the Communal Areas In the event of any amounts as described above being recovered from the Lessee by the Lessor, the Lessor shall within 20 (twenty) days after the expiration of the lease, upon written request of the Lessee, report to the Lessee in respect of all costs necessary, and if so requested by the Lessee, provide the Lessee with the necessary quotations in respect of those costs.

3 Page 3 of 6 RENTAL The rent as described in paragraph 1 is payable in advance and payable on the first day of each month to the Lessor or in such a manner and at such a place as stipulated by the Lessor from time to time. If it is necessary to remind a Lessee of the payment of his monthly rental, an additional surcharge of R50 will become payable by the Lessee. 7. USE OF THE LEASED PREMISES 7.1 The Lessee may only use the leased premises for the purpose of private residence. 7.2 The use of the Premises in the relevant Apartment shall include the communal use of the lounge and dining room area, kitchen and bathroom together with the other Lessees in the relevant unit. 7.3 The Lessor shall arrange for the cleaning of the communal area on a weekly basis, when necessary. The Lessee shall only be responsible for the cleaning of the Room that he or she leases, and may not make use of the services of the cleaners of the communal area for the cleaning of his or her Room, nor for the washing of dishes or washing and ironing of clothes. 7.4 The Lessee undertakes to abide by the rules attached hereto, marked Addendum B ( House Rules and Regulations ); Violation of these House rules and regulations could be viewed as a breach of contract in the exclusive discretion of the Lessor The attached Addendum B ( House Rules and Regulations ) is to be read as a part of the contract as a whole, and the Lessee will be deemed to have agreed to these House Rules and Regulations at the signing of this contract. Furthermore, all Lessees of premises and other persons to whom the right of occupation was given by the owner of any of the relevant premises, is deemed to have knowledge of the content of these House Rules and Regulations, and shall abide by these rules and regulations notwithstanding any other provisions contained in any lease agreement and or in the provision of such a right to occupation The Lessor reserves the right to prescribe certain fines by way of notice for the violations of any of the House Rules and Regulations, and in the event of repeated violations of any of the House Rules and Regulations and or terms and conditions of this contract, to immediately cancel the Lease Agreement and repossess the Room without prejudice to any of his rights to claim unpaid rental and or damages as a result of the breach of contract of the Lessee. 7.5 The Lessee undertakes and agrees that the number of persons residing and or sleeping over in the Room will not be more than allowed for under the description of the Room in paragraph 1 above unless otherwise

4 Page 4 of 6 agreed to between the Lessor and the Lessee, nor will anyone be allowed to sleep over anywhere in the Communal Areas. 8. LIMITATIONS TO THE LESSOR S LIABILITY The Lessor shall not be liable in respect of any loss, damage or injury, to a person and or property caused by any defect in the Premises arising during the tenancy of the Lease Agreement. 9. INSURANCE The Lessee may not: 9.1 Store or allow to be used or stored, any liquid and or substance of a hazardous and or flammable nature that could create a potential or actual danger to the leased premises; 9.2 Commit any act which would result in the escalation of insurance payments by the Lessor in respect of the premises or in any way result in the annulment of the insurance. The Lessee acknowledges that he or she is aware of the contents of the policy providing for the abovementioned insurance. 9.3 The Lessee, shall upon request of the Lessor, indemnify the Lessor for any costs, damages or losses suffered by the Lessor as a result of the Lessee s neglect to comply with any of the conditions of paragraph 9.1 above. 10. THE RIGHTS OF THE LESSOR The Lessor has the right to, at all reasonable times, inspect the leased premises. 11. SUB-LEASING AND CESSION The Lessee shall not have the right to cede or transfer this Agreement of Lease in any manner, nor the right to sub-let the Room or cause to lose possession of the Room in any other manner whatsoever, except where otherwise agreed to in writing by the Lessor. 12. NON-PAYMENT OF RENT Should the Lessee neglect to pay the rent on the due date, the first day of each month, or be in breach of any of the other obligations in terms of this Lease Agreement, the Lessor shall have the right to cancel the Lease Agreement and take possession of the Room without prejudice to any of the Lessor s rights to claim unpaid rent and or damages as a result of non-payment of rental or the breach of contract.

5 Page 5 of REPOSSESSION OF THE ROOM AT THE EXPIRATION OF THE TENANCY Over and above the terms of this contract, the Lessee undertakes to give possession of the Room and all the movable and immovable appliances, furniture and fittings in the Room, all in good condition, to the Lessor on the expiration of the Lease Agreement. 14. DOMICILIUM CITANDI ET EXECUTANDI The Lessee chooses as his / her domicilium citandi et executandi, * The address of the leased premises or The parent / guardian s address as contained in Addendum A hereto (The address to be used will be to the election and in the discretion of the Lessor.) Any notice given by the Lessor to the Lessee in relation to this contract, and delivered at the above mentioned domicilium, the leased premises or by way of registered post to the address of the parent or guardian, shall be deemed to have been received by the Lessee on the third day after the date upon which the notice was delivered at the leased premises and or posted. These stipulations are mutatis mutandis applicable in the event of a notice by the Lessee to the Lessor, whose address and chosen domicilium citandi et executandi is stipulated in the preamble to this contract. 15. JURISDICTION In the event of any dispute between the Lessor and Lessee arising out of any aspect in relation to this lease agreement between the parties, both the Lessor and the Lessee are deemed to have accepted the jurisdiction of the Magistrates Court to hear such a dispute. 16. COSTS 16.1 In the event of an attorney being instructed to collect any amount owed by the Lessee in terms of this contract, or to take legal steps for the collection of such an amount or any amounts payable by the Lessee as a result of the termination of this lease agreement, the Lessee shall pay any resulting collection commission and or further costs on the scale as between attorney and client The costs in respect of this Lease Agreement, including stamp duties payable, shall be paid by the Lessee to the Lessor, upon the request, of the Lessor.

6 Page 6 of AGREEMENT AND AMENDMENTS The parties hereto agree that this Lease Agreement embodies the whole agreement between them and any amendments, shall be done in writing and if not the amendments shall be null and void. Signed at STELLENBOSCH on this day of 20. AS WITNESSES: l. (DANIEL JAKOBUS LUTZ, in his capacity as Trustee of the LUTZ TRUST 2. (Lessor) Signed at on this day of 20. AS WITNESSES: l. (Lessee) 2. * Both Parties - and their Witnesses - are to paraph all the pages of this Memorandum of Contract, as well as Addendum A and Addendum B and any changes made in this Contract.