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AGREEMENT OF LEASE
(Unfurnished House)
MEMORANDUM OF AGREEMENT OF LEASE
made and entered into by and between:-
______
Identity Number ___________________
Of
_____________________________________________________________
(hereinafter referred to as
"the Lessor")
and
__________________________________
Identity Number
____________________
Of
_____________________________________________________________
(hereinafter referred to as
"the Lessee"
| 1. |
The Leased
Premises |
|
The Lessor
hereby lets to the Lessee who hires on the terms and
conditions set out herein, the following immovable
property :-
Erf
_________________________________________________
Known as __________________________________________
____________________________________________________
(hereinafter referred to
as “the Leased Premises”) |
| 2. |
Period Of
Lease |
|
| 2.1 |
This
lease shall commence on ________________ and shall
terminate on
_________________, on which date the Lessee
undertakes to vacate the Leased Premises. |
| 2.2 |
Subject
to the Lessee’s compliance with this agreement,
the Lessee shall have the option to renew this
lease upon substantially the same terms and
conditions contained herein, save that the rental
for the period of renewal shall be agreed between
the parties. Such renewal period shall be reckoned
from the date of expiration of this agreement and
shall be for a period of _________________
provided that notice to the Lessor of the Lessee’s
intention to exercise this option is given in
writing at least __________ calendar months before
the date of expiration.
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| 3. |
Rental |
|
| 3.1 |
The
rental payable by the Lessee to the Lessor during
the currency of this Agreement shall be as follows
:- |
|
3.1.1 |
R______
per month from ________ to ________ |
|
3.1.2 |
R______
per month from ________ to ________ |
|
3.1.3 |
R______
per month from ________ to ________ |
| 3.2 |
The
aforesaid rental shall be payable in advance on
the first day of every month during the currency
of this Agreement at such address as the lessor
may nominate in writing from time to time.
|
| 3.3 |
Whenever
the rates and taxes are increased during the Lease
Period, the Lessor may, by written notice to the
Lessee, increase the rent by the amount of the
increase in the rates and taxes, calculated on a
monthly basis. Every such increase in the rent
shall take effect on the first date of the month
following that in which the Lessor’s notice of
the increase is received by the Lessee or,
whichever is the later, the date on which the
increase in rates and taxes takes effect.
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| 3.4 |
That
in the event of the interest rate presently levied
upon the mortgage registered over the Leased
Premises or the levy on the premises being
increased at any time so as to cause the amount
payable by the Lessor in respect thereof to be
increased beyond the amount payable at the date of
signature of this Agreement, then the Lessee shall
pay the Lessor an additional amount equal to such
monthly increase in the aforesaid bond instalment.
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|
| 4. |
Deposit |
|
| 4.1 |
On
entering into this Lease, the Lessee shall pay the
Lessor a deposit of R________. |
| 4.2 |
Should
any amount due by the Lessee be deducted from the
deposit held by the Landlord at any time during
the currency of this Lease or at the expiration
thereof, the Lessee shall be obliged to pay to the
Lessor such sum so as to ensure that the deposit
at all times amounts to the sum reflected in 4.1
above.
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|
| 5. |
The
Lessee's Obligations |
|
The
Lessee hereby agrees and undertakes :- |
|
| 5.1 |
to
pay on due date the charges levied by any
competent authority for water, electricity and gas
and for such sanitary, sewerage and all refuse
removal services as may not be included in the
annual rates and taxes levied on the Leased
Premises and any other Lessee’s consumption
charges including but not limited to telephone
charges. The Lessee shall be obliged to make
application for his own electricity and water
connections and to pay all deposits incidental
thereto. The Lessor shall be entitled to a refund
of the deposits paid to the credit of the Lessor; |
| 5.2 |
At
his own cost, to maintain and keep in repair the
interior of the Leased Premises and to keep
properly painted all interior surfaces where paint
work is required and to further maintain in good
order and repair the electrical, drainage,
sanitary works, machinery plant, if any, and any
installations in the Leased Premises, fair wear
and tear excepted. If he shall fail to do so, the
Lessor may effect such repairs or maintenance as
may become necessary and shall be entitled to
recover the costs thereof from the Lessee; |
| 5.3 |
To
keep and maintain all plate and window glass and
mirrors in the Leased Premises in good order and
condition and to replace at his cost any damaged
or broken glass unless such damage or breakage is
occasioned by vis major in which event the Lessor
shall be liable; |
| 5.4 |
Not
to drive any nails or other objects into walls or
woodwork or ceilings or any portion of the Leased
Premises. |
| 5.5 |
To use
the Leased Premises solely as a Leased Premises
house for himself and his family; |
| 5.6 |
Not
to store on the Leased Premises any goods of a
hazardous nature other than to the extent
authorised in the Insurance Policy for the time
being issued to the Lessor covering the Leased
Premises against damage by fire or explosion. If
at any time the Lessee should desire to store on
the Leased Premises goods of a hazardous nature in
excess of those authorised by the said Insurance
Policy, he shall at once in writing notify the
Lessor of such intention. Upon receipt of such
notice, the Lessor shall take reasonable steps to
have the terms of such Insurance Policy altered to
cover such storage. In the event of the Insurance
Company requiring the Lessor to pay any additional
premiums, the Lessee shall be obliged to pay on
demand to the Lessor the amount of such excess
premiums; |
| 5.7 |
To
allow the Lessor or his agents reasonable access
to the Leased Premises after receipt of reasonable
notice for the purpose of inspecting and repairing
same; |
| 5.8 |
To
observe any of the conditions of title under which
the Lessor owns the Leased Premises or any laws,
by-laws or regulations which the Lessor is
required to observe by reason of his ownership of
the Leased Premises; |
| 5.9 |
Not
to alter, interfere with or overload the
electrical or other lighting or heating
installations in the Leased Premises and to
replace, at his own cost, all keys, fluorescent or
incandescent light bulbs and switches and sockets
used or contained in the Leased Premises; |
| 5.10 |
Not
to allow or permit disorderly conduct or noise in
the Leased Premises so as to constitute a nuisance
to the occupiers of neighbouring or adjoining
premises; |
| 5.11 |
Not to
allow the Leased Premises to stand vacant for any
period exceeding 1 (one) month during the term of
this Agreement; |
| 5.12 |
Not
to install any fixtures or fittings in the Leased
Premises without the written consent of the Lessor,
which consent shall not be unreasonably withheld.
It shall be at the option of the Lessee to remove
any authorised fixtures and fittings, provided
that any fixtures or fittings not removed shall
become the property of the Lessor without
obligation to compensate the Lessee in respect
thereof. The Lessee shall be obliged to make good
any damage or blemishes occasioned to the Leased
Premises on removal by the Lessee of any fixtures
or fittings; |
| 5.13 |
Not
to make any alterations or additions to the Leased
Premises without the written consent of the Lessor; |
| 5.14 |
To
observe all the terms and conditions which may be
imposed by the Lessor in giving his consent in
terms of clause 5.12 and 5.13; |
| 5.15 |
To
take care to avoid any blockage in any sewerage or
water pipes or drains connected with the Leased
Premises and to cause to be removed at his own
cost any obstruction or blockage which occurs in
such pipes or drains as a result of any negligent
act or omission on the part of the Lessee or his
invitees, and to cause to be repaired any sewer,
pipe or drain which is damaged in consequence of
any negligent act or omission on the part of the
Lessee or his invitees. |
| 5.16 |
The
charges reflected herein shall be charges capable
of deduction from any deposit held by or on behalf
of the lessor during the currency of this Lease or
at termination thereof. |
|
| 6. |
Lessor's
Obligations |
|
The
Lessor hereby agrees to keep and maintain, at his own
cost, the exterior and roof, gutters and drain pipes of
the Leased Premises (excepting the glass in windows and
doors of the Leased Premises) in good order and condition. |
| 7. |
Rates And
Taxes |
|
The
Lessor shall pay all rates which now or may hereafter be
levied upon the Leased Premises during the period of this
Lease, subject to the condition that in the event of such
rates being at any time hereinafter increased of the
amount payable for the year in which this Lease commenced,
whether by an increase in the rateable value of the
buildings or land or both, or by reason of an increase in
the assessment rate, the Lessee shall pay such increase on
a pro rata basis, which amount shall be payable monthly
concurrently with the rental. |
| 8. |
Destruction
Or Damage Of Premises |
|
If the Leased
Premises shall be damaged or destroyed as a result of
fire, lightning, explosion or flood, this Lease shall not
be terminated thereby, but :- |
|
| 8.1 |
in
the event that the Lessee is, through no fault or
negligence on his part, be partially deprived of
his beneficial occupation of the Leased Premises
in consequence of damage caused by any such
occurrence, the Lessor shall take reasonable and
expeditious steps to repair the Leased Premises,
and the Lessee shall not be entitled to a
reduction in the said monthly rental which is
commensurate with such deprivation; |
| 8.2 |
if
the Leased Premises shall be destroyed as a result
of any of the aforesaid occurrences or shall be
damaged to such extent that the Lessee is wholly
deprived of his beneficial occupation thereof,
this Lease shall ipso facto terminate. |
|
| 9. |
Breach
And Automatic Late Charge |
|
| 9.1 |
An
automatic late charge of R100 (One Hundred Rand)
will be assessed for rents not received by 12h00
on the date that the rent is due; |
| 9.2 |
Should
:- |
|
9.2.1 |
the
monthly rental or any other amount due in terms of
this agreement not be paid on due date; or |
|
9.2.2 |
the
Lessee commit or suffer or permit a breach of any
other term of this Lease and fail to remedy such
breach within 7 (seven) days after notice has been
given to the Lessee requiring the Lessee to remedy
such breach; or |
|
9.2.3 |
the
Lessee or any surety for the Lessee’s
obligations be placed under sequestration, or
liquidation or judicial management, whether
provisional or final, as the case may be, then the
Lessor shall be entitled to immediately cancel
this Agreement and retake possession of the Leased
Premises without prejudice to any of his other
rights under this Lease or at law. |
| 9.3 |
The
Lessee agrees and undertakes to pay to the Lessor
all expenses, costs and charges which the Lessor
may incur arising out of a breach by the Lessee of
this Lease, including but not limited to any costs
incurred in tracing the Lessee, collection
commission and legal costs on an attorney and
client scale. |
|
| 10. |
Swimming
Pool |
|
The
Lessee undertakes to keep and maintain the swimming pool
filtration equipment in good order during this Agreement
of Lease and to supply the necessary chemicals therefor
and to keep same clean. If the swimming pool or equipment
be damaged through any act or omission on the part of the
Lessee or his invitees, the Lessee shall be responsible to
reinstate the said pool and equipment to the good
condition in which it was as at the date of commencement
of this Agreement, fair wear and tear excepted. |
| 11. |
Garden |
|
| 11.1 |
The
Lessee shall keep and maintain the garden,
including the lawns, trees, shrubs and plants in
good order and condition. Without derogating from
the generality of the aforegoing, the Lessee shall
at his cost ensure that:- |
|
11.1.1 |
the
lawn is mowed on a regular basis; |
|
11.1.2 |
the
plants are cared for in a proper manner. |
| 11.2 |
If
the Lessee shall fail to maintain the garden as
above, the Lessor shall be entitled in this
discretion to attend to same and to recover the
cost thereof on demand from the Lessee. |
|
| 12. |
Animals |
|
The
Lessee agrees that he shall not be allowed to keep any
animals inside or on the Leased Premises without the prior
written consent of the Lessor, which consent shall not be
unreasonably withheld. |
| 13. |
Cession
And Sub-Letting |
|
The
Lessee shall not without the prior written consent of the
Lessor:- |
|
| 13.1 |
cede,
transfer or burden any of its rights or delegate
any of its obligations under this Lease; or |
| 13.2 |
sub-let
or grant possession or occupation of the whole or
any part of the Leased Premises to any other
person. |
|
| 14. |
Lessor's
Right To Inspect View And Advertise The Property |
|
The
Lessor shall be entitled :- |
|
| 14.1 |
to
inspect the Leased Premises at all reasonable
times; |
| 14.2 |
to
affix and exhibit on the windows of the Leased
Premises “To let” and/or “For sale”
notices during the period of 2 (two) months
immediately prior to the termination of this Lease
and; |
| 14.3 |
together
with prospective Lessees and/or purchasers of the
Leased Premises to view the interior of the Leased
Premises at all reasonable times. |
|
| 15. |
Exclusion
Of Liability |
|
| 15.1 |
Neither
the Lessor nor any of its directors, agents,
employees or servants shall be liable for personal
injury to or death of any person or the loss of or
damage to any property of whatsoever nature in the
Leased Premises arising or caused and whether by
reason of the default or negligence of the Lessor
or any of the said persons or otherwise. |
| 15.2 |
The
Lessee hereby indemnifies the Lessor and its
directors, agents, employees and servants against
any claim of whatever nature which may be made
against any of them arising out of any of the
aforegoing occurrences. |
|
| 16. |
Warrant
Of Authority |
|
The
person signing this Lease on behalf of the Lessee
expressly warrants this authority to do so. |
| 17. |
Suretyship |
|
The
person signing this Lease shall be bound to the lessor as
surety and co-principal debtor for all the obligations of
the Lessee to the Lessor under this Lease as well as those
arising in consequence of any termination thereof. |
| 18. |
Costs |
|
The
Lessee shall be responsible for all costs together with
VAT thereon (if applicable) and stamp duty
in respect of the negotiation and preparation of
this Agreement. |
| 19. |
Domicilia
And Notices |
|
| 19.1 |
The
Lessee chooses the Leased Premises as his/her/its domicilium
citandi et executandi.. |
| 19.2 |
Any
notice, demand or other communication properly
addressed by the Lessor to the Lessee at the
latter’s domicilium in terms hereof and
sent by prepaid registered post shall be deemed to
be received by the latter on the 4th (fourth)
business date following the date of posting
thereof. This provision shall not be construed as
precluding the utilisation of other means and
methods (including telefacsimile) for the
transmission or delivery of notices, demands and
other communications, but no presumption of
delivery shall arise if any such other means or
method is used. |
|
| 20. |
Sale
of the Property |
|
The
validity of this Lease shall not in any way be affected by
the transfer of the Leased Premises from the Lessor
pursuant to a sale thereof. It shall accordingly, upon
registration of transfer of the property into the name of
the purchaser, remain of full force and effect save that
the purchaser shall be substituted as Lessor and acquire
all rights and be liable to fulfill all the obligations
which the Lessor, as lessor, enjoyed or was liable to
fulfill in favour of the Lessee in terms of the Lease. |
| 21. |
Rental
Housing Act |
|
The
parties acknowledge that in terms of the Rental Housing
Act, No. 50 of 1999, certain terms are deemed (where
applicable) to apply to this agreement. For ease of
reference, such terms are recorded herein:- |
|
| (a) |
the
Lessor must furnish the Lessee with a written
receipt for all payments received by the Lessor
from the Lessee; |
| (b) |
such
receipt must be dated and clearly indicate the
address, including the street number and further
description, if necessary, of a Leased Premises in
respect of which payment is made, and whether the
payment has been made for rental, arrears, deposit
or otherwise, and specify the period for which
payment is made; |
| (c) |
the
Lessor may require a Lessee, before moving into
the Leased Premises, to pay a deposit which, at
the time, may not exceed an amount equivalent to
an amount specified in the agreement or otherwise
agreed between the parties. |
| (d) |
the
deposit contemplated in paragraph (c) must be
invested by the Lessor in an interest bearing
account with a financial institution and the
Lessor must, subject to paragraph (g) pay the
Lessee interest at the rate applicable to such
account which may not be less than the rate
applicable to a savings account with a financial
institution, and the Lessee may during the period
of the lease request the Lessor to provide him or
her with written proof in respect of interest
accrued on such deposit, and the Lessor must
provide such proof on request. Provided that where
the Lessor is a registered estate agent as
provided for in the Estate Agency Affairs Act,
1976 (Act No. 112 of 1976), the deposit and any
interest thereon shall be dealt with in accordance
with the provisions of the Act; |
| (e) |
the
Lessee and the Lessor must jointly, before the
Lessee moves into the Leased Premises, inspect the
Leased Premises to ascertain the existence or not
of any defects or damage therein with a view to
determining the Lessor's responsibility for
rectifying any defects or damage or with a view to
registering such defects or damage, as provided
for in subsection 5(7) of the Act; |
| (f) |
at
the expiration of the lease, the Lessor and Lessee
must arrange a joint inspection of the Leased
Premises at a mutually convenient time to take
place within a period of three days prior to such
expiration with a view to ascertaining if there
was any damage caused to the Leased Premises
during the Lessee's occupation thereof; |
| (g) |
on
the expiration of the lease, the Lessor may apply
such deposit and interest towards the payment of
all amounts for which the Lessee is liable under
the said lease, including the reasonable costs of
repairing damage to the Leased Premises during the
lease period and the costs of replacing lost keys
and the balance of the deposit and interest, if
any, must then be refunded to the Lessee by the
Lessor not later than 14 (fourteen) days of
restoration of the Leased Premises to the Lessor; |
| (h) |
the
relevant receipts which indicate the costs which
the Lessor incurred, as contemplated in paragraph
(g) must be available to the Lessee for inspection
as proof of such costs incurred by the Lessor; |
| (i) |
should
no amounts be due and owing to the lessor in terms
of the lease, the deposit, together with the
accrued interest in respect thereof, must be
refunded by the lessor to the Lessee, without any
deduction or set-off, within 7 (seven) days of
expiration of the lease. |
| (j) |
failure
by the Lessor to inspect the Leased Premises in
the presence of the Lessee as contemplated in
paragraphs (e) or (f) is deemed to be an
acknowledgment by the Lessor that the Leased
Premises is in a good and proper state of repair,
and the Lessor will have no further claim against
the Lessee who must then be refunded, in terms of
this subsection, the full deposit plus interest by
the Lessor; |
| (k) |
should
the Lessee fail to respond to the Lessor's request
for an inspection as contemplated in paragraph
(f), the lessor must, on expiration of the lease,
inspect the Leased Premises within (7) seven days
of such expiration in order to assess any damages
or loss which occurred during tenancy; |
| (l) |
the
Lessor may in the circumstances contemplated in
paragraph (k), without detracting from any other
right or remedy of the Lessor, deduct from the
Lessee's deposit and interest the reasonable costs
of repairing damage to the Leased Premises and the
cost of replacing lost keys; |
| (m) |
the
balance of the deposit and interest, if any, after
the deduction of the amounts contemplated in
paragraph (l), must be refunded to the Lessee by
the Lessor not later than 21 (twenty-one) days
after the expiration of the lease; |
| (n) |
the
relevant receipts which indicate the costs which
the Lessor incurred, as contemplated in paragraph
(l), must be available to the Lessee for
inspection as proof of such costs incurred by the
Lessor; and |
| (o) |
should
the Lessee vacate the Leased Premises before
expiration of the lease, and without notice to the
Lessor, the lease is deemed to have expired on the
date that the Lessor established that the lessee
has vacated the Leased Premises but in such event
the Lessor retains all his or her rights arising
from the Lessee's breach of the lease. |
|
| 21. |
Whole
Agreement |
|
| 21.1 |
This
is the entire agreement between the parties. |
| 21.2 |
Neither
party relies in entering into this Lease upon any
warranties, representations, disclosures or
expressions of opinion which have not been
incorporated into this Lease as warranties or
undertakings. |
| 21.3 |
No
variation or consensual cancellation of this Lease
shall be of any force or effect unless reduced to
writing and signed by both parties. |
|
| 22. |
Non-Waiver |
|
| 22.1 |
Neither
party shall be regarded as having waived, or be
precluded in any way from exercising any right
under or arising from this Lease by reason of such
party having at any time granted any extension of
time for, or having shown any indulgence to the
other party with reference to, any payment or
performance hereunder, of having failed to
enforce, or delayed in the enforcement of, any
right of action against the other party. |
| 22.2 |
The
failure of either party to comply with any
non-material provision of this Lease shall not
excuse the other party from performing the latter’s
obligations hereunder fully and timeously. |
|
| 23. |
Special
Conditions |
|
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
SIGNED at PORT ELIZABETH
on this day of 2001
AS WITNESSES:
1. _____________________
_______________________________
for and on behalf of the Lessor
2. _____________________
SIGNED at PORT ELIZABETH
on this day of 2000.
AS WITNESSES:
1. _____________________
_________________________
for
and on behalf of the Lessee,
warranting his authority and as surety
2.
_____________________
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