Isiduli Africa | Lease Agreement
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Lease Agreement

Lease Agreement

 

 

This lease agreement is entered between:
IsiDuli Property Partners (Pty) Ltd Registration: 2019/373580/07(“Lessor”)
and

Name & Surname:…………………………………………………………………….                                                                    ID Number:…………………………………………………(“Lessee”)

To lease premises
………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

1. Introduction
1.1. By signing this lease, the Lessor irrevocably agrees to rent to the Lessee the Property defined in The Schedule on the terms and conditions set out in this Lease, effective upon;
1.1.1. acceptance by the Lessor of the Lessee’s application, and
1.1.2. receipt by the Lessor of payment of the Lessee’s Deposit in terms of clause 8.1.1.2. To the extent that this lease is governed by the Rental Housing Act No. 50 of 1999 (the “Rental Housing Act”) and/or the Consumer Protection Act No. 68 of 2008 (the “Consumer Protection Act”), and/or the Electronic Communications and Transactions Act No. 25 of 2002 (“ECTA”), all provisions herein are to be interpreted in a manner compliant with the applicable statutory provisions.
1.3. As such this agreement will be interpreted within the ambit of 1.2; without prejudice to the intentions of the parties to the agreement.

2. Definitions and Interpretations
These terms have the following meanings assigned to them:
2.1. Building/s: the house and outbuildings, if any, on the Property.
2.2. Days: business days, which are calculated by excluding the first day, public, holiday, Saturday and Sunday.
2.3. Lease Period: the duration of this agreement per clause 4.1.
2.4. Lessor’s Equipment: fixtures and fittings on the Building/s; and the appliances, equipment, accessories, tools, and other items belonging to the Lessor listed on an annexure to this agreement, if any.
2.5. Month: a calendar Month (January to December), and starting on the first day of every Month.
2.6. Property: described as ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………
which includes the Building/s and Lessor’s Equipment, if any.
2.7. Rates: charges relating to the Property, including charges payable by the Lessor to the local authority (such as, but not limited to, charges for refuse removal, sanitary, water, electricity or gas).
2.8. Rent: the amount the Lessee must pay to the Lessor for the lease of the Property.
2.9. Year: a period of 12 consecutive Months starting on the date on which this agreement comes into operation.
2.10. References to notices, statements and other forms of communication from the Lessor include those from the Lessor’s agent.
2.11. When words and figures conflict, the words must prevail.
2.12. The words “shall”, “must” and “will” in this agreement are mandatory obligations.
2.13. One gender includes the other gender.
2.14. The singular includes the plural and vice versa.
2.15. The headings of the clauses in this agreement are for convenience and reference only; and shall not be used in the interpretation, modification or amplification of the terms of this agreement.

3. The Premises
3.1. The premises let by the Lessor to the Lessee shall include the property, together with parking bay, where applicable, as well as the fixtures and fittings and other
movable items listed in the inventory attached to the Schedule, should such inventory list exist at the time of signature.

4. Duration
The lease period shall commence on the commencement date and shall terminate on the termination date, (both dates inclusive) as defined in the Schedule (the “lease period”).

5. Rent
5.1. The Lessee must pay the Rent Monthly in advance, on or before the first day of every Month, to the banking details provided in 7.1.
5.2. The amounts payable as detailed in the Lease Schedule.
5.3. The rental increase-circle is March; if the Landlord plans to increase rent during that circle, the Lessee will be informed 3 months prior and an increase shall not be more than 10% of the rent at the time of communication.

6. Additional Charges
6.1. In addition to paying the Rent, the Lessee must reimburse the Lessor for Rates on the Property, as determined according to the municipal tariff rates. These amounts must be paid to the Lessor within 30Days after the Lessor delivers the account/s to the Lessee.

7. Payments
7.1. All payments due by the Lessee to the Lessor under this agreement must be made electronically into the following
Account-Holder: IsiDuli Property Partners
Bank: First National Bank
Account-number: 62828198855
Branch-code: 252155
Account-type: Business Account
Reference: Use account #/ Profile # / ID #

7.2. The Lessor shall furnish the Lessee with a written receipt for all payments made by the Lessee.
7.3. The Lessee must not withhold, defer, set-off, or make any deduction from a payment he owes the Lessor (regardless of whether the Lessor is indebted to the Lessee, or is in breach of a duty in terms of this agreement).
7.4. The Lessee will be liable for interest on all overdue amounts payable under this agreement at a rate per annum of 7,5%, commencing from the date of the outstanding amount until the amount is paid in full.

8. Deposit
8.1. For this agreement to commence, (per clause 4.1), the Lessee must pay the Lessor a deposit as indicated in the Appendix 1 (Lease Schedule).
8.2. The Lessor will place the Lessee’s deposit into an interest bearing account for the duration of this lease for the benefit of the Lessee.

8.3. The Lessor can set off the deposit against any amount owed to him in terms of this agreement.
8.4. If the Lessor sets off the deposit amount against an amount due to him, the Lessee must make a payment to make up the difference outstanding in terms of the deposit.
8.5. Once the Lease Period has lapsed, the Lessor must refund the full deposit plus interest to the Lessee within 10 business days; and if in shortfall the Lessor must prove to the Lessee the costs incurred to restore the Property to the condition it was in on the date this agreement started, taking into account reasonable wear and tear.

9.Insurance
9.1. The Lessor will insure the Property against risks for the duration of the Lease Period.
9.2. The Lessee must not do anything to the Property that will increase the risks and damages to the property.

10.Cession, Delegation, Assignment and Subletting
10.1. The Lessee may not:
10.2. Transfer his rights and/or duties under this agreement toa third person;
10.3. Sublet the Property in whole or partly; except for the occupants stated in Appendix 1.
10.4. Give up possession of the Property to a third party; or
10.5. Remove, or allow to be removed, the Lessor’s Equipment (except for repair and with the Lessor’s permission).

11.Duties of the Lessee
The Lessee must:
11.1. Keep the Property clean and tidy;
11.2. Use the Property for private dwelling only;
11.3. Take care of the Property (and other items belonging to the Lessor);
11.4. Protect the Property from abuse, damage, destruction, and theft;
11.5. Respect the Property’s neighbours;
11.6. Not be a nuisance, or cause annoyance or discomfort to the Property’s neighbours or the public;
11.7. Leave refuse in the refuse bins provided;
11.8. Enable the Lessor to carry out his duty of maintenance and repair;
11.9. Allow no more than persons to reside on the Property during the lease Period;
11.10. prevent blockages and obstructions in the drains, sewerage pipes and water pipes on the property; and
11.11. provide light bulbs when required on the Property.

12.Maintenance and Repairs
12.1. The Lessee must at his expense, and without recourse to the Lessor:
12.1.1. Maintain the Property subject to clause 12.3;
12.1.2. Repair damage to the Property regardless of the cause of such damage;
12.1.3. Take care of the garden, if any, on the Property through watering, cutting, trimming, mowing, pruning, fertilizing; and supplying other substances necessary for the maintenance of the garden; and
12.1.4. Take care of the swimming pool, if any, on the Property by causing it to be filled, cleaned, and treated with chemicals; and supplying other
substances necessary for the maintenance of the swimming pool.
12.2. The Lessee must notify the Lessor in writing within 30 Days after having taken possession of the property that specific items need to be repaired or replaced. The Lessor must repair or replace the defective item/s at his own expense, without recourse from the Lessee.
12.3. The Lessor is responsible for the maintenance, repair and replacement of the roof and walls of the building/s; including the structure, systems, and installations of the Building/s.

13.Alterations and Improvements
13.1. The Lessee may not make alterations or improvements to the Property without the Lessor’s prior written consent.
13.2. The Lessee cannot claim against the Lessor for compensation for alterations or improvements to the property, unless the Lessor has given his prior written consent.
13.3. Alterations and improvements made to the Property will belong to the Lessor and may not be removed from the Property.

14.Lessor’s rights of entry and carrying out of work
14.1. The Lessor (including his agent or third party acting on his instruction) may enter the Property to perform repairs, replacements, or other necessary maintenance services.
14.2. Prior to entry, the Lessor must give notice to the Lessee to ensure that there is minimum interference to the Property.
14.3. The Lessor may not allow serious alterations or improvements to be carried out on the Property, unless such works are necessary, and they comply with clause 12.3.

15.Termination and Breach
15.1. If the Property is destroyed or damaged to the extent that it cannot be occupied, this agreement will terminate unless the Parties agree in writing otherwise.
15.2. If a Party breaches a material provision of this agreement, and fails to remedy such breach within 10 Days of the date of receipt of a written notice from the aggrieved Party requiring him to do so, the aggrieved Party will be entitled to any remedy available in law without further notice, and may cancel this agreement.
15.3. This agreement shall not terminate by the death of either Party: the executor of the deceased estate shall elect to terminate or uphold this agreement depending on the circumstances.
15.4. The insolvency of either the Lessor or the Lessee will not terminate this agreement: the trustee of the insolvent estate may exercise the option to terminate or uphold this agreement.

16.General
16.1. This agreement constitutes the whole agreement between the Parties.
16.2. This agreement may only be amended if the Parties agree to the amendment in writing, and sign the written document, in ink by hand – which must be attached to this agreement as an Annexure.

16.3. No Party shall be bound by any express or implied term, representation, warranty, promise, or the like not recorded in this agreement.

17.Signatories

Company Representative
Full name: __________________________________________
Capacity: __________________________________________
Signature: __________________________________________
Signed at: ______________________________________(place)
On: _____________________________________________(date)

The Lessee
Full name: __________________________________________
Signature: __________________________________________
Signed at: ______________________________________(place)
On: _____________________________________________(date)

Next of Kin (Someone of Blood Relations)
Full name: __________________________________________
Contacts: __________________________________________
Lessee Witness:
Full name: __________________________________________
Signature: __________________________________________
Signed at: ______________________________________(place)
On: _____________________________________________(date

18.Communications
18.1. All legal and documents, notices or other communication must be delivered to the following address of the Lessor, which will act as his domicilium citandi et executandi:

1703 San Martinho,
10A Leicester Road
Bedford Garden
Germiston, 2007

Email: info@isiduli.africa Lunga Nodliwa

18.2. Non-legal documents, notices or other communication between the Parties may be by electronic

Email: info@isiduli.africa

Telephone: 011 083 7765

APPENDIX 1
LEASE SCHEDULE

LESSEE DETAILS
1.Full Name…………………………………………………………………….
2.ID Number…………………………………………………………………..
3.Email Address………………………………………………………………
4.Contact Number…………………………………………………………..
5.Previous Address………………………………………………………….
6.Employer Name……………………………………………………………
7.Employer Contact Details………………………………………………

OCCUPANTS (other occupants other than the Landlord)
Name………………………………………
Surname………………………………….
ID Number………………………………
Contact Number……………………….
Relationship to Lessee……………………………

LEASE PERIOD
Commencement Date……………………………………..
Lease Duration………………………………………………
Required notice to Vacate……………………………….

RENT
Deposit…………………………………….
(Payable before occupation or in 3 monthly instalments from date of occupation)
Monthly Rent……………………………
R4,000.00……………………………….
Water………………………………..
Electricity…………………………
Refuse & Sewage……………….
Payment Method……………….

APPENDIX 2
THE HOUSE RULES
GENERAL RULES
•Please respect the dignity and privacy of your neighbors.
•Please refrain from creating excessive noise (music/voices/engines or otherwise).
•Please maintain a clean and tidy living environment, indoors and outdoors.
•No renovations allowed by the tenant without prior permission.
•Please conserve water and electricity as much as possible.
•Any fines incurred for overuse of water are for the tenant’s account.
•No illegal substances of any kind are allowed on the premises.
•The landlord/user reserves the right to conduct inspections at any time, given reasonable suspicion of illegal activity.
•The landlord/user reserves the right to inspect the premises every months’, with at least days’ notice to the tenant, via email,stipulating the date and time of the inspection.

VISITOR RULES
•Visitor(s) must adhere to all the same rules that apply to the tenant.
•The tenant is responsible for all damages caused by their visitor(s).
•The tenant is responsible for all warnings received due to the behavior of their visitor(s).

KEYS
•The tenant is liable for all costs incurred if lock changes or key replacements are necessary due to negligence.
•The tenant is not permitted to tamper/change the locks without prior permission.
•The tenant is not allowed to distribute copies of the keys without prior permission.

NON-ADHERENCE TO LEASE/HOUSE RULES
•Any breach of The Lease, Rules or Code of Conduct (if applicable) will result in the resident receiving a written warning.
•If the resident’s behavior does not improve (as stipulated in the written warning) within one week of receiving the warning, the landlord has the right to terminate the lease with immediate effect.

LEASE CANCELLATION
•This lease can be cancelled with months’ notice, by either the tenant or landlord.
•This cancellation must be received via email, sms, or any other communication tool deemed acceptable and acknowledged by both the resident and landlord within 3 days of receipt.
•The landlord reserves the right to conduct viewings to find a replacement tenant during this cancellation period, or within the last month of tenancy.
•When vacating, all belongings and rubbish must be removed from the premises by the resident.
•It is the tenant’s responsibility to ensure that the property is left clean and ready for the next occupant/s to move in. Failure to do so will result in the cost of a cleaning service being deducted from the tenant’s deposit.
•The resident is responsible to return his/her key(s) directly to the landlord, unless otherwise arranged.
Please note that the above rules are subject to amendments for the benefit and safety of all tenants; neighbors and landlords. All changes need to be communicated in writing to both parties.