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Residential Lease
Instructions for free Residential Rental/Lease templates:
- Please note that these documents are provided for your informational purposes only
- They have not been reviewed by a lawyer
- We make no representations as to their quality
- You agree to use them at your own risk
- Select a document above, and cut-and-paste the text into a word processor of your choice.
- Fill in the blanks, modify the wording and format appropriately.
Demand Promissory Note
THE PARTIES TO THIS AGREEMENT ARE:
- For value received, the Borrower hereby unconditionally promises to pay to the Lender the sum of ___________ together with interest accrued at the rate of ________ percent per year on any unpaid balance.
Payable on Demand
- The entire outstanding amount shall become immediately payable upon demand by the Lender providing that such demand not be made before the ______ day of _____________________ 20____.
Place of Payment
- Payment shall be made at the above stated address of the Lender or at such place as may be designated from time to time in writing by the Lender.
Prepayment
- The Borrower may prepay this Note in full or in part at any time without premium or penalty. All prepayments shall first be applied to accrued interest and thereafter to the principal loan amount.
Default
- Should the Borrower not make full payment within 14 days of demand, this Note may be turned over for collection and the Borrower agrees to pay all reasonable legal fees (on a solicitor basis) and out-of-pocket expenses to the extent permissible by law, in addition to the other amounts due.
Transfer
- The Lender may transfer this Note to another holder without notice to the Borrower and the Borrower agrees to remain bound to any subsequent holder of this Note under the terms of this Note.
Joint and Several Liability
- All Borrowers or Co-signors identified in this Note shall be equally liable for the repayment of the debt described in this Note.
Borrower's Waiver
- The Borrower waives presentment for payment, notice of non-payment, off-set, protest and notice of protest and agrees to remain fully bound until this Note is paid in full.
Binding Effect
- The terms of this Note shall be binding upon the Borrower's successors and shall accrue to the benefit and be enforceable by the Lender and his/her successors, legal representatives and assigns.
Jurisdiction
- This Note shall be construed, interpreted and governed in accordance with the laws of _______________ and should any provision of this Note be judged by an appropriate court of law as invalid, it shall not affect any of the remaining provisions whatsoever.
Signed at ______________on this ___ day of May, 2013.
Borrower: ______________________
Witness: ____________________
Lender: ______________________
Witness: ____________________
Acknowledgement
This document was acknowledged before me on this ___ day of May 2013 by _______________________
Signature of Notary Public: ______________________
My commission expires: ______________________
Installment Promissory Note
PARTIES:
- For value received, the Borrower hereby unconditionally promises to pay to the Lender the sum of ____________ together with interest accrued at the rate of ________ percent per year on any unpaid balance.
Payment Terms
- The Borrower will pay ________ payments of $_____ each at monthly intervals on the _____ day of each month, starting on the _______ day of _________________20____ until the Principal amount and accrued interest is paid in full.
- Payments received shall:
- first be applied to any outstanding late fees;
- then to interest;
- and finally to the Principal.
Prepayment
- The Borrower may prepay this Note in full or in part at any time without premium or penalty.
- All prepayments shall:
- first be applied to any outstanding late fees;
- then to accrued interest;
- and finally to the Principal.
Place of Payment
- Payment shall be made to the above address of the Lender or at such place as may be designated from time to time in writing by the Lender.
Late Payment Fees
- If payment is not made within 7 days as stipulated in the payment terms, the Borrower shall be required to pay an additional late fee in the amount of $______.
Default and Acceleration of Debt
- If the Borrower fails to make any payment when due and the Lender provides notice of such failure, the Borrower must effect payment of the amount due within ____ days, failing which the Lender can demand immediate payment of the entire outstanding Principal amount, accrued interest and late fees.
Collection Fees
- In the event of default this Note may be turned over for collection and the Borrower agrees to pay all reasonable legal fees (on a solicitor basis), collection other charges to the extent permissible by law, in addition to other amounts due.
Transfer
- The Lender may transfer or assign this Note to another holder without notice to the Borrower and the Borrower agrees to remain bound to any subsequent holder of this Note under same terms.
Joint and Several Liability
- All Borrowers identified in this Note shall be jointly and severally liable for the repayment of the debt.
Borrower's Waiver
- The Borrower waives demand and presentment for payment, notice of non-payment, off-set, protest and notice of protest and agrees to remain fully bound until this Note is paid in full.
Binding Effect
- The terms of this Note shall be binding upon the Borrower's successors and shall accrue to the benefit and be enforceable by the Lender and his/her successors, legal representatives and assigns.
Jurisdiction
- This Note shall be construed, interpreted and governed in accordance with the laws of _______________ and should any provision of this Note be judged by an appropriate court of law as invalid, it shall not affect any of the remaining provisions whatsoever.
Signed at ______________________ on this ____ day of May, 2013
BORROWER: ______________________________
WITNESS: ___________________________
LENDER: _______________________________
WITNESS: ___________________________
Free Property Rental Agreement
1. THE PARTIES TO THIS PROPERTY RENTAL AGREEMENT ARE:
1.1 THE LANDLORD:
First Name(s):
Last Name / Surname:
Identity / Social Security or Other (Specify) number:
Physical Address:
Postal Address:
1.2 THE TENANT:
First Name(s):
Last Name / Surname:
Identity / Social Security or Other (Specify) number:
Physical Address:
Postal Address:
Additional Members of the Tenant's Household:
The parties choose the above stated addresses as their physical addresses for purposes of delivery of any notice, payment of any amount and at which legal proceedings may be instituted pertaining to this property rental agreement. Each of the parties will be entitled at any time by way of written notice to the other to change the information regarding their physical addresses. Such change will become effective on the 7th day after receipt by the other party of the notice. Any notice which the Landlord requires to give to the Tenant shall be deemed to have been validly given if sent by pre-paid registered letter to the Tenant at the Property or left by the Landlord or his Agent at such address, which notice shall be deemed to have been received 5 days after posting by registered post, or on the day the notice was delivered by hand.
2. THE PREMISES:
Physical Address:
Outbuildings:
Fixed Improvements:
Grounds:
3. PERIOD OF LEASE:
3.1 The initial period of the lease shall start on the _______ day of _______________________ in the year _______
and shall end at midnight on the _______ day of _______________________ in the year _______
3.2 The lease shall be automatically renewed after the initial term on a month to month basis under the same conditions.
Acknowledgement by Tenant: __________________________
3.3 After the initial period of the lease this property rental agreement may be cancelled by either the Landlord or the Tenant by giving one month written notice.
3.4 For the purposes of this property rental agreement a month shall be construed to be a calendar month.
4. RENTAL:
4.1 The monthly rental for the premises for the initial period is an amount of _________ (in words: ______________________________________ ).
4.1.1 The rental includes an amount payable for rates and taxes/levies in respect of the Premises to the local authority / body corporate / share block company / home owner's association concerned which will be payable by the Landlord.
4.2 The said monthly rental is escalated annually at a rate of ________% ( _________________________ percent) of the monthly rental for the previous year.
4.3 Rental shall be paid monthly in advance on or before the first day of the month, without any deduction whatsoever at the following address:
or directly into the following bank account:
4.4 Tenant to pay a late payment charge of ________________________________________ if rent is not received within five days after the due date to cover collection fees and/or additional administration fees and Tenant to pay an amount of _____________________________________for each rent check returned for insufficient funds and thereafter pay rent by cash or cashier's check.
4.5 In the event of the rental or any portion thereof not being paid on the due date, or the Tenant failing to meet his obligations under this property rental agreement, or the Tenant surrendering his estate or being sequestrated, provisionally or otherwise, the Landlord shall be entitled to by written notice require the Tenant to comply with the specific obligation which he has failed to meet within 14 (FOURTEEN) days after receiving the said written notice by hand or within 14 (FOURTEEN) days after the sending thereof per registered mail, and should the Tenant still fail to comply with such obligations the Landlord shall be entitled to:
4.5.1 cancel this property rental agreement, eject the Tenant and/or any other persons occupying the premises without prejudice of his rights to claim arrear rental;
4.5.2 claim payment of any arrear rental or any other monies due, be it compensation for damages to the premises, or damages arising out of breach of the agreement by the Tenant.
4.6 In the event of the Tenant not vacating the property after cancellation of the agreement by leaving his property or possessions behind, the tenant shall be liable for the rental.
4.7 The Tenant shall not be entitled to any reduction in rental while the Landlord does repairs to the property.
5. ADDITIONAL PAYMENTS BY TENANT:
5.1 Unless included in any levy payable by the Landlord in terms of 4.1.1, the Tenant shall from the date of commencement of this Agreement promptly pay for all expenses incurred by means of water use, electricity and or gas supply, sewer, effluent and sanitary fees, rubbish disposal and all charges arising out of any telephone or other service installed on the Premises.
5.2 The cost of this Property Rental Agreement together with any Stamp Duty thereon shall be paid by the Tenant.
5.3 All legal and collection costs incurred by the Landlord in respect of any legal steps taken by him against the Tenant to enforce any of the Tenant's obligations in terms of this Agreement shall be paid for by the Tenant to the extent permissible by law.
Should the Tenant fail to make payment of any of the aforementioned, the Landlord shall have the right without prejudice to his other rights in law or under this Agreement to effect payment himself and to recover the amounts so expended from the Tenant.
6. DEPOSIT:
6.1 The Tenant must deposit an amount of ___________________________________________ with the Landlord on signature of this Property Rental Agreement. This deposit will be held by the Landlord and may be used at any time to repair damages caused by the tenant to the Premises. The deposit or balance thereof will be refunded to the Tenant when this Agreement expires and after inspection of the Premises but not later than thirty days after this Agreement expires. The deposit may also be utilized for the payment of amounts due and owing by the Tenant in terms of this Property Rental Agreement as well as the cost of repairing damage (other than ordinary wear and tear) to the Premises and/or replacing lost keys. This provision is purely for the benefit of the Landlord and does not relieve the Tenant in any way from the obligation of any other payment or liabilities in terms thereof.
6.2 The Tenant shall not under any circumstances be entitled in the final month of the tenancy to withhold payment of the rent or portion of the rent for the final month and to set off such payment against any deposit which the Tenant may have paid in terms of this Property Rental Agreement.
7. TENANT OBLIGATIONS:
7.1 The Tenant has inspected the Premises and confirms that they are suitable for the purposes for which they are let for the duration of this Agreement.
7.2 The Tenant acknowledges that the Premises are in a good state of repair and specifically acknowledges that at commencement of this Property Rental Agreement, all of the sanitary installations and equipment, electrical installations and equipment, keys, locks, doors, windows, wash basins and taps are in a good state of repair and working order.
7.3 The Tenant shall give written notice to the Landlord within 7 (SEVEN) days after the commencement date, of any structural defects in the Premises, or any defects in the abovementioned installations and equipment, and the absence of such notice shall constitute prima facie proof of the absence of any defects or missing articles and the good condition of the Premises. Any notice given by the Tenant shall not place any obligation on the Landlord to effect any repairs but will serve only to record the state of repair.
7.4 The Tenant shall allow the Landlord or his agent access to the Premises at all reasonable times with prior arrangement with the Tenant, to inspect the Premises or to carry out any work that may be required to be done or are deemed to be necessary in order to keep the property fixtures and fittings in good order and conditions.
7.5 The Tenant undertakes to maintain the Premises and to return same in a clean and neat condition at the expiration of this Property Rental Agreement. The Tenant will be liable to promptly attend to any repair that may be necessary and in general attend to the upkeep and maintenance of the Premises, alternatively to reimburse the Landlord for the cost of replacing or repairing any breakages or defects. The parties also agree that the Landlord or his authorized agent may at anytime with prior arrangement with the Tenant inspect the Premises and point out any aspect that needs attention whereupon the Tenant shall be obliged to attend hereto within 7 (SEVEN) days after given written notice to do so. A failure to comply will constitute a breach of contract in terms of this agreement.
7.6 The Tenant undertakes to keep and maintain all gutters, sewerage pipes, water pipes and drains on the Premises free from obstruction and/or blockage.
7.7 The Tenant shall use and operate all electrical and plumbing fixtures properly.
7.8 The Tenant shall not remodel or make any structural changes to the Premises, nor shall the Tenant deface, mark, paint or drive nails, hooks or screws into any doors, walls, ceilings or floors, nor shall the Tenant attach or remove any fixtures or locks without the Landlord's prior written permission.
7.9 The Tenant acknowledges that any improvements made by the Tenant on or to the Premises shall become the property of the Landlord on termination of this Property Rental Agreement and the Tenant shall not be entitled to remove any such improvement unless so demanded by the Landlord in writing, nor claim from the Landlord any compensation in respect thereof. The Tenant further agrees to repair all damage caused by such removal failing which, the Landlord may have the improvements removed and damage repaired and recover all costs so incurred from the Tenant.
7.10 The Tenant shall not keep any pets or animals in or on the Premises without the Landlord's prior written consent and the Tenant shall be responsible for any damage to the premises caused by such pet or animal.
7.11 The Tenant shall not do or allow to be done in any way anything which would increase the premiums of or vitiate the Policies of Insurance on the property.
7.12 The Tenant shall keep the grounds of the Premises in a clean and tidy condition, free from all litter and rubbish, garden refuse and discarded appliances or motor parts and shall keep the hedges trimmed, lawns mowed and flowerbeds neat and tidy.
7.13 The Tenant undertakes to keep the swimming pool clean and free from dust, algae and other deleterious substances, to use the correct and sufficient chemicals as indicated by the Landlord or a pool company nominated by the Landlord and generally to maintain the pool, filter and motor in properly working order at the Tenant's expense. Any automatic pool cleaner which may be supplied by the Landlord, shall be maintained and repaired by the Tenant at his own cost and expense. If, for any reason, the Tenant shall have course to leave the Premises unoccupied for 7 (SEVEN) days, he will ensure that he continues to maintain the pool in accordance with the aforesaid obligations.
7.14 The Tenant agrees to use the Premises solely as a private dwelling for the Tenant and additional members of the Tenant's household as identified in this Property Rental Agreement and not permit use of the Premises for any other purposes other than as a private dwelling.
7.15 The Tenant shall not, without the Landlord's written consent, which consent will not be unreasonably withheld:
7.15.1 Cede, assign, transfer, alienate, burden any of its rights or delegate any of its obligations under this Agreement.
7.15.2 Surrender occupation or possession of the Premises or permit any person whether as licensee, subtenant, agent, occupier, custodian to take possession or occupation of the Premises.
7.16 The Tenant shall not provide accommodations for boarders or lodgers.
7.17 The Tenant may have temporary visitors. The same visitor may not stay overnight more than 4 (FOUR) times within any month without written permission from the Landlord.
7.18 The Tenant shall conduct himself/herself and require persons on the premises with his/her consent to conduct themselves in a manner that will not contravene any law, bylaw, ordinance or regulation applicable in respect of the Premises nor cause or permit any nuisance.
7.19 The Tenant shall allow the Landlord or his agent and/or any prospective Tenant or Purchaser to view the exterior and interior of the Premises during reasonable hours, provided a prior appointment to do so has been made with the Tenant.
7.20 The Tenant must regularly test the smoke detectors to ensure that they are working effectively. Batteries may not be removed except to replace them. It is a duty of the Tenant to inform the Landlord in writing of any defect or malfunction of smoke detectors.
7.21 The Tenant agrees that any violation of the law regarding illegal drug use will be grounds for immediate termination of this rental agreement, after the Landlord has filed a police report in this regard.
7.22 The Tenant shall notify the Landlord in writing within 4 days of moving out of a forwarding address. Failing to do so will relieve the Landlord of sending the tenant a list of damages against the security deposit.
8. LANDLORD OBLIGATIONS:
8.1 The Landlord shall be responsible for maintaining the main walls, roof and other structural parts of the Premises in good order and repair. Should the main walls, roof or other structural parts of the Premises become in a defective condition resulting in such consequences as leakage or danger to the Tenant, it shall be the obligation and duty of the Tenant to advise the Landlord of such defective condition in writing and the Landlord shall take steps to have the defective condition rectified without delay.
8.2 The Landlord shall not be liable for any compensation for any damage suffered by the Tenant as a result of rain, hail, snow, leakage, fire, flooding, storms, riot, theft, robbery or in general any damage as a result of any act or negligence whatsoever nor any damage suffered as a result of the interruption of water or electricity or gas supplies. Should the destruction be due to the default or negligence of the Tenant, his family, servants or persons occupying the Premises under him, the Landlord shall under these circumstances be entitled to claim payment of such damages as the Landlord may have suffered. If in any event the damage suffered to the Premises result in that the Premises is not suitable for the purpose for which it has been leased, it shall constitute a ground for the Tenant or the Landlord to cancel this Property Rental Agreement.
8.3 The Landlord shall be liable to pay all rates and taxes / levies payable in respect of the Premises to the local authority / body corporate / share block company / home owner's association concerned.
8.4 The Landlord undertakes that he will not accept any offer for the purchase of the Premises without first offering to sell the Premises to the Tenant. This pre-emptive right must be carried out by the Tenant within 14 (FOURTEEN) days after the offer has been made by the Landlord.
9. NO WAIVER:
No relaxation, indulgence, waiver or concession which the Landlord may show at any time whatsoever in regard to the carrying out of any of the Tenant's obligations in terms of this Property Rental Agreement, shall prejudice any of the Landlord's rights under this agreement in any manner whatsoever or be regarded as a waiver of any of the Landlord's rights in terms of this agreement.
10. LIMITATION OF LIABILITY:
The Tenant and any other person associated with the Tenant including but not limited to relatives, friends, visitors or employees shall have no claim for injury, damages or loss sustained directly or indirectly in or about the Premises against the Landlord for any act or omission of the Landlord including but not limited to any agent, servant, cleaner, maintenance person, handyman, artisan or employee of the Landlord save from that arising due to active and actionable negligence or willful misconduct.
11. FULL AGREEMENT:
This lease contains all the terms and conditions of the Property Rental Agreement entered into by the Landlord and Tenant. The Landlord shall not be liable for any warranty, guarantee, representations or undertakings of whatsoever nature which might have been made to the Tenant by any person whomsoever, except as contained herein. The Landlord shall not be bound by any amendment, alteration or variation of the terms of this agreement, unless reduced to writing and signed by the Landlord and Tenant or any person duly authorized thereto in writing by them. Expressions in the singular also denote the plural and vice versa, pronouns of any gender include the corresponding pronouns of the other gender and words denoting natural persons also refer to juristic persons and vice versa. If any clause, or part of a clause, in this Property Rental Agreement is found to be unlawful, it shall not affect any of the other clauses whatsoever and the balance of the Property Agreement will remain binding on both the Tenant and Landlord.
12. WARRANTY OF AUTHORITY AND DECLARATION:
Any person or more than one person signing this Property Rental Agreement warrants his or her authority to do so AND that they have read it and understand it and voluntarily agree to it.
13. JURISDICTION:
13.1 The parties consent to the jurisdiction of the magistrate's
(other ________________________) court for the district of
__________________________________
Signed at ______________________on this ______day of _________________20____
LANDLORD: _____________________________
WITNESS 1: _____________________________
WITNESS 2: _____________________________
Signed at ______________________on this ______day of _________________20____
TENANT: _____________________________
WITNESS 1: _____________________________
WITNESS 2: _____________________________
Please Note: If you are letting your property to more than one tenant who will share the rent and responsibilities, you have to add the following clause (let them sign it specifically to make sure they understand) and add additional lines at the bottom of the free property rental agreement for other tenants to sign and be witnessed.
JOINT AND SEVERAL TENANCY:
We understand and agree that our obligations are joint and several. We understand that we will be responsible for our individual obligations as well as the obligations of all other tenants signing this agreement. This includes paying rent and all other terms of this rental agreement.
TENANT 1: _____________________________
TENANT 2: _____________________________
TENANT 3: _____________________________
You may also want to add the following clause in your free property rental agreement to make provision for changes to the agreement after the lease starts:
ADDITIONAL PROVISION:
The landlord may increase the rent after giving 30 days written notice in the case of the following:
A) Changes required by law
B) Changes in rules relating to health and safety
C) Increases in property taxes, utilities and property insurance
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apartment
Free Lease Agreement
1. THE PARTIES TO THIS LEASE AGREEMENT ARE:
1.1 THE LANDLORD:
Full Names:
Identity / Social Security or Other (Specify) number:
Physical Address:
Postal Address:
1.2 THE TENANT:
Full Names:
Identity / Social Security or Other (Specify) number:
Physical Address:
Postal Address:
Additional Members of the Tenant's Household who will be occupying the Premises:
The parties choose the above stated addresses as their physical addresses for purposes of delivery of any notice, payment of any amount and at which legal proceedings may be instituted pertaining to this Lease Agreement. Each of the parties will be entitled at any time by way of written notice to the other to change the information regarding their physical addresses. Such change will become effective on the 7th day after receipt by the other party of the notice. Any notice which the Landlord requires to give to the Tenant shall be deemed to have been validly given if sent by pre-paid registered letter to the Tenant at the Premises or left by the Landlord or his Agent at such address, which notice shall be deemed to have been received 5 days after posting by registered post, or on the day the notice was delivered by hand.
2. THE PREMISES:
Physical Address:
3. PERIOD OF LEASE:
The initial period of the lease shall start on the _______ day of _______________________ 20 _______
and shall end at midnight on the _______ day of _______________________ 20 _______
4. EXTENSION OPTION:
4.1 At the end of the initial period of the lease, this lease shall lapse and be of no further force or effect. The Tenant shall have the option to extend the lease for a subsequent period equivalent to the initial period, subject to approval by the Landlord. Should the Tenant wish to exercise this option, application must be made to the Landlord or his/her agent in writing at least 2 (two) calendar months prior to the end of the initial period, failing which the option lapses.
OR
4.1 The lease shall be automatically renewed after the initial term on a month to month basis under the same conditions, provided that the Tenant's obligations in terms of this lease have been performed timeously.
Acknowledgement by Tenant: _________________________________
4.2 After the initial period of the lease, this Lease Agreement may be cancelled by either the Landlord or the Tenant by giving one month written notice.
4.3 For the purposes of this Lease Agreement a month shall be construed to be a calendar month.
5. TERMINATION:
All keys and remote access devices are to be returned to the Landlord on or before midnight on the last day of the lease period.
6. RENTAL:
6.1 The monthly rental for the premises for the initial period is an amount of _________ (in words: ______________________________________ ).
6.1.1 The rental includes an amount payable for rates and taxes/levies in respect of the Premises to the local authority / body corporate / share block company / home owner's association concerned which will be payable by the Landlord.
6.2 The said monthly rental is escalated annually at a rate of ________% ( _________________________ percent) of the monthly rental for the previous year.
6.3 Notwithstanding the annual escalation as per 6.2, the Landlord may increase the rent after giving 30 days written notice in the case of the following:
A) Changes required by law
B) Changes in rules relating to health and safety
C) Increases in property taxes, utilities and property insurance
6.4 Rental shall be paid monthly in advance on or before the first day of the month, without any deduction, set off or demand whatsoever at the following address:
or directly into the following bank account:
6.5 Tenant to pay a late payment charge of ________________________________________ if rent is not received within five days after the due date to cover collection fees and/or additional administration fees and Tenant to pay an amount of _____________________________________for each rent check returned for insufficient funds and thereafter pay rent by cash, cashier's check or electronic transfer.
6.6 In the event of the rental or any portion thereof not being paid on the due date, or the Tenant failing to meet his obligations under this Lease Agreement, or the Tenant surrendering his estate or being sequestrated, provisionally or otherwise, the Landlord shall be entitled to by written notice require the Tenant to comply with the specific obligation which he has failed to meet within 14 (FOURTEEN) days after receiving the said written notice by hand or within 14 (FOURTEEN) days after the sending thereof per registered mail, and should the Tenant still fail to comply with such obligations the Landlord shall be entitled to:
6.6.1 cancel this Lease Agreement, eject the Tenant and/or any other persons occupying the premises without prejudice of his rights to claim arrear rental;
6.6.2 claim payment of any arrear rental or any other monies due, be it compensation for damages to the premises, or damages arising out of breach of the Agreement by the Tenant.
6.7 In the event of the Tenant not vacating the property after cancellation of the Agreement by leaving his property or possessions behind, the tenant shall be liable for the rental.
6.8 The Tenant shall not be entitled to any reduction in rental while the Landlord does repairs to the Premises.
7. ADDITIONAL PAYMENTS BY TENANT:
7.1 Unless included in any levy payable by the Landlord in terms of 6.1.1, the Tenant shall from the date of commencement of this Lease Agreement promptly pay for all expenses incurred by means of water use, electricity and or gas supply, sewer, effluent and sanitary fees, rubbish disposal and all charges arising out of any telephone or other service installed on the Premises.
7.2 The cost of this Lease Agreement together with any Stamp Duty thereon shall be paid by the Tenant.
7.3 All legal and collection costs incurred by the Landlord in respect of any legal steps taken by him against the Tenant to enforce any of the Tenant's obligations in terms of this Agreement shall be paid for by the Tenant to the extent permissible by law.
Should the Tenant fail to make payment of any of the aforementioned, the Landlord shall have the right without prejudice to his other rights in law or under this Agreement to effect payment himself and to recover the amounts so expended from the Tenant.
8. DEPOSIT:
8.1 The Tenant must deposit an amount of ___________________________________________ with the Landlord on signature of this Lease Agreement. This deposit will be held by the Landlord and may be used at any time to repair damages caused by the tenant to the Premises.Whenever any portion of the deposit is so applied, the Tenant shall on demand re-instate the deposit to the original amount. The deposit or balance thereof (inclusive of interest accrued at a rate of _____% per annum) will be refunded to the Tenant when this Agreement expires and after inspection of the Premises but not later than thirty days after this Agreement expires. The deposit may also be utilized for the payment of amounts due and owing by the Tenant in terms of this Lease Agreement as well as the cost of repairing damage (other than ordinary wear and tear) to the Premises and/or replacing lost keys. This provision is purely for the benefit of the Landlord and does not relieve the Tenant in any way from the obligation of any other payment or liabilities in terms thereof.
8.2 The Tenant shall not under any circumstances be entitled in the final month of the tenancy to withhold payment of the rent or portion of the rent for the final month and to set off such payment against any deposit which the Tenant may have paid in terms of this Lease Agreement.
9. TENANT OBLIGATIONS:
9.1 The Tenant has inspected the Premises and confirms that they are suitable for the purposes for which they are let for the duration of this Agreement.
9.2 The Tenant acknowledges that the Premises are in a good state of repair and specifically acknowledges that at commencement of this Lease Agreement, all of the sanitary installations and equipment, electrical installations and equipment, keys, locks, doors, windows, wash basins and taps are in a good state of repair and working order.
9.3 The Tenant shall give written notice to the Landlord within 7 (SEVEN) days after the commencement date, of any structural defects in the Premises, or any defects in the above mentioned installations and equipment, and the absence of such notice shall constitute prima facie proof of the absence of any defects or missing articles and the good condition of the Premises. Any notice given by the Tenant shall not place any obligation on the Landlord to effect any repairs but will serve only to record the state of repair.
9.4 The Tenant shall allow the Landlord or his agent access to the Premises at all reasonable times with prior arrangement with the Tenant, to inspect the Premises or to carry out any work that may be required to be done or are deemed to be necessary in order to keep the property fixtures and fittings in good order and conditions.
9.5 The Tenant undertakes to maintain the Premises and to return same in a clean and neat condition at the expiration of this Lease Agreement. The Tenant will be liable to promptly attend to any repair that may be necessary and in general attend to the upkeep and maintenance of the Premises, alternatively to reimburse the Landlord for the cost of replacing or repairing any breakages or defects. The parties also agree that the Landlord or his authorized agent may at anytime with prior arrangement with the Tenant inspect the Premises and point out any aspect that needs attention whereupon the Tenant shall be obliged to attend thereto within 7 (SEVEN) days after given written notice to do so. A failure to comply will constitute a breach of contract in terms of this Agreement.
9.6 The Tenant undertakes to keep and maintain all sewerage pipes, water pipes and drains on the Premises free from obstruction and/or blockage.
9.7 The Tenant shall use and operate all electrical and plumbing fixtures properly.
9.8 The Tenant shall not remodel or make any structural changes to the Premises, nor shall the Tenant deface, mark, paint or drive nails, hooks or screws into any doors, walls, ceilings or floors, nor shall the Tenant attach or remove any fixtures or locks without the Landlord's prior written permission.
9.9 The Tenant acknowledges that any improvements made by the Tenant on or to the Premises shall become the property of the Landlord on termination of this Lease Agreement and the Tenant shall not be entitled to remove any such improvement unless so demanded by the Landlord in writing, nor claim from the Landlord any compensation in respect thereof. The Tenant further agrees to repair all damage caused by such removal, failing which the Landlord may have the improvements removed and damage repaired and recover all costs so incurred from the Tenant.
9.10 The Tenant shall not keep any pets or animals in or on the Premises without the Landlord's prior written consent and the Tenant shall be responsible for any damage to the premises caused by such pet or animal.
9.11 The Tenant shall not do or allow to be done in any way anything which would increase the premiums of or vitiate the Policies of Insurance on the property.
9.12 The Tenant agrees to use the Premises solely as a private dwelling for the Tenant and additional members of the Tenant's household as identified in this Lease Agreement and not permit use of the Premises for any other purposes other than as a private dwelling.
9.13 The Tenant shall not provide accommodations for boarders or lodgers.
9.14 The Tenant may have temporary visitors. The same visitor may not stay overnight more than 4 (FOUR) times within any month without written permission from the Landlord.
9.15 The Tenant shall conduct himself/herself and require persons on the premises with his/her consent to conduct themselves in a manner that will not contravene any law, bylaw, ordinance or regulation applicable in respect of the Premises nor cause or permit any nuisance. The Tenant acknowledges receipt of the Rules or Code of Conduct as determined by the Home Owner's Association or Body Corporate or other applicable legal entity pertaining to the Premises and undertakes to abide by it and any amendments made thereto from time to time.
9.16 The Tenant shall allow the Landlord or his agent and/or any prospective Tenant or Purchaser to view the exterior and interior of the Premises during reasonable hours, provided a prior appointment to do so has been made with the Tenant.
9.17 The Tenant must regularly test the smoke detectors to ensure that they are working effectively. Batteries may not be removed except to replace them. It is a duty of the Tenant to inform the Landlord in writing of any defect or malfunction of smoke detectors.
9.18 The Tenant agrees that any violation of the law regarding illegal drug use will be grounds for immediate termination of this Lease Agreement, after the Landlord has filed a police report in this regard.
9.19 If a garden forms part of the Premises, the Tenant undertakes to keep it in a neat and tidy condition and fully maintained at his/her expense. The Tenant shall not remove or cut any trees or plants or affect major alterations without the Landlord's prior written consent
9.20 The Tenant shall notify the Landlord in writing within 4 days of moving out of a forwarding address. Failing to do so will relieve the Landlord of sending the Tenant a list of damages against the security deposit.
10. CESSION AND SUB-LETTING
10.1 The Tenant shall not, without the Landlord's written consent, which consent will not be unreasonably withheld:
10.1.1 Cede, assign, transfer, alienate, burden any of its rights or delegate any of its obligations under this Agreement.
10.1.2 Surrender occupation or possession of the Premises or permit any person whether as licensee, subtenant, agent, occupier or custodian to take possession or occupation of the Premises.
10.2 The Landlord may at any time transfer all or any of his/her rights and obligations under this lease and the Tenant hereby consents to such transfer.
11. LANDLORD OBLIGATIONS:
11.1 The Landlord shall be responsible for maintaining the main walls, roof and other structural parts of the Premises in good order and repair. Should the main walls, roof or other structural parts of the Premises become in a defective condition resulting in such consequences as leakage or danger to the Tenant, it shall be the obligation and duty of the Tenant to advise the Landlord of such defective condition in writing and the Landlord shall take steps to have the defective condition rectified without delay.
11.2 The Landlord shall not be liable for any compensation for any damage suffered by the Tenant as a result of rain, hail, snow, leakage, fire, flooding, storms, riot, theft, robbery or in general any damage as a result of any act or negligence whatsoever nor any damage suffered as a result of the interruption of water or electricity or gas supplies. Should the destruction be due to the default or negligence of the Tenant, his family, visitors, servants or persons occupying the Premises under him, the Landlord shall under these circumstances be entitled to claim payment of such damages as the Landlord may have suffered. If in any event the damage suffered to the Premises result in that the Premises is not suitable for the purpose for which it has been leased, it shall constitute a ground for the Tenant or the Landlord to cancel this Lease Agreement.
11.3 The Landlord shall be liable to pay all rates and taxes / levies payable in respect of the Premises to the local authority / body corporate / share block company / home owner's association concerned.
11.4 The Landlord undertakes that he will not accept any offer for the purchase of the Premises without first offering to sell the Premises to the Tenant. This pre-emptive right must be carried out by the Tenant within 14 (FOURTEEN) days after the offer has been made by the Landlord.
12. SALE OF PREMISES:
The validity of this Lease Agreement shall in no way be affected by the sale of the Premises by the Landlord to a third party. It shall remain in full force and effect save that the purchaser shall be substituted as Landlord upon registration of the Premises into the name of the purchaser and as such shall acquire all rights and obligations as Landlord.
13. LIMITATION OF LIABILITY
The Tenant and any other person associated with the Tenant including but not limited to relatives, friends, visitors or employees shall have no claim for injury, damages or loss sustained directly or indirectly in or about the Premises against the Landlord for any act or omission of the Landlord including but not limited to any agent, servant, cleaner, maintenance person, handyman, artisan or employee of the Landlord save from that arising due to active and actionable negligence or willful misconduct.
14. NO WAIVER:
No relaxation, indulgence, waiver or concession which the Landlord may show at any time whatsoever in regard to the carrying out of any of the Tenant's obligations in terms of this Lease Agreement, shall prejudice any of the Landlord's rights under this Agreement in any manner whatsoever or be regarded as a waiver of any of the Landlord's rights in terms of this Agreement.
15. FULL AGREEMENT:
This lease contains all the terms and conditions of the Lease Agreement entered into by the Landlord and Tenant. The Landlord shall not be liable for any warranty, guarantee, representations or undertakings of whatsoever nature which might have been made to the Tenant by any person whomsoever, except as contained herein. The Landlord shall not be bound by any amendment, alteration or variation of the terms of this agreement, unless reduced to writing and signed by the Landlord and Tenant or any person duly authorized thereto in writing by them. Expressions in the singular also denote the plural and vice versa, pronouns of any gender include the corresponding pronouns of the other gender and words denoting natural persons also refer to juristic persons and vice versa. If any clause, or part of a clause, in this Lease Agreement is found to be unlawful, it shall not affect any of the other clauses whatsoever and the balance of the Lease Agreement will remain binding on both the Tenant and Landlord.
16. WARRANTY OF AUTHORITY AND DECLARATION:
Any person or more than one person signing this Lease Agreement warrants his or her authority to do so AND that they have read it and understand it and voluntarily agree to it.
17. JURISDICTION:
13.1 The parties consent to the jurisdiction of the magistrate's
(other ________________________) court for the district of
__________________________________
Signed at ______________________on this ______day of _________________20____
LANDLORD: _____________________________
WITNESS 1: _____________________________
WITNESS 2: _____________________________
Signed at ______________________on this ______day of _________________20____
TENANT: _____________________________
WITNESS 1: _____________________________
WITNESS 2: _____________________________
free lease agreement
Please Note: If you are letting your property to more than one tenant who will share the rent and responsibilities, you have to add the following clause (let them sign it specifically to make sure they understand) and add additional lines at the bottom of the free lease agreement for other tenants to sign and be witnessed.
JOINT AND SEVERAL TENANCY:
We understand and agree that our obligations are joint and several. We understand that we will be responsible for our individual obligations as well as the obligations of all other tenants signing this agreement. This includes paying rent and all other terms of this Lease Agreement.
TENANT 1: _____________________________
TENANT 2: _____________________________
TENANT 3: _____________________________
In the case of a furnished unit, simply attach an Inventory to your free Lease Agreement and also have that signed and witnessed.
It is important to issue the Tenant with a copy of the Rules or Code of Conduct of the Home Owner's Association or Body Corporate or other applicable legal entity pertaining to the Premises. This document will stipulate additional Terms and Conditions not covered in the free lease agreement. The lease agreement supplied here makes provision for acknowledgement of receipt in clause 9.15.
To guarantee performance of your tenant under this free lease agreement, you may want to consider entering into an additional and separate guarantor agreement. Please refer to our Free Legal Forms page for a full list of our available free legal documents.
Below are some random samples we have created with Documatica. Please note that these documents reflect a certain set of answers, and it is very likely that the document you require is different. Do not rely on the templates below - create your own customized Residential Rental/Lease with our webpage.
residential-rental-lease_sample_27MvfY1.pdf
residential-rental-lease_sample_27Mvg21.pdf
residential-rental-lease_sample_27Mvg51.pdf
residential-rental-lease_sample_27RUS41.pdf
residential-rental-lease_sample_27YlWn1.pdf
For maximum legal protection, obtain a lawyer reviewed Residential Rental/Lease directly from us.