The Lease Agreement
1. Lease
The Landlord hereby leases the Property to the Tenant. The conditions of the lease are set out below.
2. Occupation
The Landlord shall give occupation (that is, the keys to an empty house or flat) of the Property to the Tenant on date determined in C of the Schedule.
3. Duration of this Agreement
3.1 The contract period is for one year
3.2 If the Tenant stays on and pays the rent after the contract period with the express consent of the Landlord, this lease agreement shall continue on the same conditions, but subject to the yearly increase in the rent as set out below.
4. Rental Amount
4.1 The monthly rent shall be the amount determined in section D of the schedule per month (or a proportion for a shorter period). The rent is payable strictly monthly in advance on or
before the first day of each month.
4.2 The rent shall increase every year by 8% (Eight percent) on the anniversary of the
Commencement Date of this lease.
5. Deposit
The Tenant must pay a deposit as determined in clause F of the schedule to the Landlord. The Landlord may use the deposit at any time to pay for repairs or loss that the Tenant has caused. The deposit must be invested with a bank and the interest will accrue for the benefit of the Tenant in terms of the Rental Housing Act.
6. Deposit
6.1 The Tenant must use the Property only as a RESIDENCE for herself and her family and for no
other purpose. The Tenant may not run any business or home industry on the Property or
any activity that requires a permit from any local or government authority.
6.2 The Tenant must pay all electricity charges, water accounts and any other running charges or service fees relating to the Property. The Tenant shall also be liable for his own telephone
costs.
7. Rights and Duties
The Tenant:
7.1 Must at her cost maintain the interior of the Property in the same proper condition as
originally received, including all locks, keys, door handles, windows and other fittings. The
Tenant must at the end of the lease return the Property in the same good condition to the
Landlord.
7.2 Must maintain the exterior of the Property in a neat and tidy condition and maintain the
garden. Must not make any additions to the Property without the prior written consent of
the Landlord.
7.3 Cannot claim the cost of any improvements to the Property from the Landlord unless the
Landlord agreed in writing. The Tenant may not deduct any amount whatsoever from the
rental without the written consent of the Landlord.
7.4 Shall not sublet the Property or allow any other person to occupy it without the prior written consent of the Landlord.
The Landlord:
7.5 Shall, on one working day notice to the Tenant, have the right of access at any reasonable time to the Property for purposes of inspection, maintenance or repairs or to show the Property to prospective purchasers or tenants.
8. Breach of Contract
8.1 If the Tenant does not pay any amount due in terms hereof on the due date or breaches any term of this agreement and does not remedy same within three business days after receipt of a notice to that effect then the Landlord can cancel this agreement and/or claim the cost from the Tenant. The above does not affect the right of the Landlord to claim damages or to eject the Tenant from the Property, or any other right that the Landlord may have in law.
8.2 If there are joint tenants, their liability is joint and several. That means that each is liable for
the whole contract and cannot say that he/she only has to pay his/her portion and that the
Landlord must get the rest from the other tenant(s).
9. Chosen Address (in legalese called domicilium citandi et executandi)
The parties hereby choose for purpose of communication and service of documents, the landlord the address indicated in the schedule and the tenant the rental property address. If any party proves that he/she sent or delivered any notice or document to the other party at his/her chosen address, that party cannot claim that he/she did not receive it.
10. Procedure at Commencement of Contract
The Landlord and Tenant must BEFORE occupation by the Tenant, jointly inspect the Property and list all defects on Annexure "A" hereto. If the Landlord fails to inspect, the Tenant can, within five working days after occupation, give the Landlord a written list of all defects on the Property. If the Tenant does not give such a list of defects, the Tenant cannot later say that any particular defect existed at the date of occupation.
11. Procedure at Termination of Contract
11.1 When the Tenant vacates the Property, the Landlord must inspect it within three business days in the presence of the Tenant if it occurs at the end of the Lease Period;
11.2 The Landlord can deduct from the Tenant's deposit the cost to repair damage to the Property that resulted from the occupancy of the Tenant
11.3 The Landlord must repay the balance of the deposit not applied to costs or reparations, to
the Tenant within five business days after the Tenant vacated the Property if no amounts are deducted from the deposit or within ten business days after the Tenant vacated the Property if costs are deducted from the deposit or within fifteen business days after the Tenant vacated the Property if the Tenant failed to attend the inspection
