Free Lease Agreement

Lease Agreement

1. THE PARTIES TO THIS LEASE AGREEMENT ARE:

1.1 THE LANDLORD:

Full Names:

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Identity / Social Security or Other (Specify) number:

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Address:

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Email: ................................................Tel: .............................................

1.2 THE TENANT:

Full Names:

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Identity / Social Security or Other (Specify) number:

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Address:

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Email: ................................................Tel: .............................................

Additional Members of the Tenant's Household who will be occupying the Premises:

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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 relating to this Lease Agreement. Letters or notices delivered by hand or sent by email or facsimile shall be considered received on the same day or if sent by registered mail shall be considered received 5 days after mailing.

2. LOCATION OF THE PREMISES:

Physical Address:

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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 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 satisfactorily.

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 calendar month written notice.

5. DEPOSIT:

5.1 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 shall accrue interest to the benefit of the Tenant at a rate of ___% per annum. The deposit may be used at any time for any payments due by the Tenant. Whenever any portion of the deposit is so applied, the Tenant shall on demand re-instate the deposit to the original amount. Upon termination of the lease and within thirty days thereafter the balance of the deposit, after deductions for damages (not normal wear and tear), unpaid monies, lost keys and cleaning charges shall be refunded to the Tenant.

5.2 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.

6. RENTAL:

6.1 The monthly rental for the premises for the initial period is an amount of _________ (in words: _________________________________ )

6.2 The said monthly rental is escalated annually at a rate of ________% ( _________________________ percent) of the monthly rental for the previous year.

5.3 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 The full rental amount shall be paid monthly in advance on or before the first day of the month, without any deduction, set off or demand whatsoever at:

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7. ADDITIONAL PAYMENTS BY TENANT:

7.1 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 A late payment charge of _____ is payable if the full rental amount is not received within 5 days of the due date.

7.3 A finance charge of _____ is payable if a check is not honored by the bank and thereafter the Tenant must pay by bank guaranteed check or electronic transfer and any bank charges on cash payments must be paid for by the Tenant.

8. DEFAULT AND COSTS:

8.1 Either party may cancel this lease upon default by the other where such default constitutes grounds for cancellation in law.

8.1 Either party may take legal steps to enforce the obligations of the other and claim costs for such legal action to the full extent permissible by law in the specified jurisdiction.

9. THE PREMISES:

9.1. The Landlord and Tenant shall inspect the Premises together before the Tenant moves in and make a list of any existing damages which shall be attached to this lease agreement. When the lease ends, the Landlord and Tenant shall perform the same inspection and any damages caused by the Tenant (beyond normal wear and tear) shall be repaired at the cost of the Tenant.

9.2 The Tenant agrees that he/she is satisfied with the Premises, to use it solely as a private dwelling for the Tenant and additional members of the Tenant's household as specified above and that no more than ____ persons may occupy the Premises.

10. TENANT OBLIGATIONS:

10.1 The Tenant shall give written notice to the Landlord within 7 (SEVEN) days after moving in, of any structural defects in the Premises, or any defects not noted during the initial inspection, 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.

10.2 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 and the Tenant shall not be entitled to any reduction in rental while repairs are being done.

10.3 The Tenant undertakes to use and look after the Premises and all it contains, regularly clean and maintain it and return it in the same clean, neat, good order and condition as received. No material or structural changes whatsoever shall be made to the Premises or its contents without first getting written permission from the Landlord.

10.4 Any improvements made to the Premises by the Tenant shall become the property of the Landlord at no cost and may not be removed by the Tenant when the lease terminates. The Landlord may demand or give permission for any removal in writing and the Tenant shall then make good and restore the premises to the original state.

10.5 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

10.6 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.

10.7 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.

10.8 The Tenant shall not keep any pets or animals in or on the Premises without prior written consent from the Landlord and Body Corporate or Homeowner's Association and the Tenant shall be responsible for any damage to the premises caused by such pet or animal.

10.9 The Tenant shall not provide accommodations for boarders or lodgers or allow the same visitor to stay overnight more than 4 (FOUR) times within any month without written permission from the Landlord, which the Landlord shall not unfairly refuse.

10.10 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.

10.11 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 and undertakes to abide by it and any amendments made thereto from time to time.

10.12 The Tenant shall return all keys and remote access devices to the Landlord on or before midnight on the last day of the lease period

10.13 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.

11. CESSION AND SUB-LETTING

11.1 The Tenant shall not, without the Landlord's written consent, which consent will not be unreasonably withheld:

11.2 Cede, assign, transfer, alienate, burden any of its rights or obligations under this Agreement.

11.3 Sublet the Premises in whole or in part or give up possession of the Premises to any third party.

11.4 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.

12. OBLIGATIONS OF THE LANDLORD:

12.1 The Landlord shall be liable to promptly 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.

12.2 The Landlord shall be responsible for maintenance and repairs of the main walls, roof and other structural parts of the Premises. It is a duty of the Tenant to advise the Landlord of any defective condition in writing and the Landlord shall take steps to have the defective condition rectified without delay.

12.3 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 whatsoever nor any damage suffered as a result of the interruption of water or electricity or gas supplies or mechanical services to the extent that there is no negligence or willful misconduct on the part of the Landlord. 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.

12.4 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 but in any event shall not affect the duration of this Lease Agreement which shall remain in full force and effect.

13. LIMITATION OF LIABILITY

The Tenant and any other person associated with the Tenant shall have no claim against the Landlord and associated parties for injury, damages or loss sustained unless due to active and actionable negligence or willful misconduct.

14. NO WAIVER:

Any relaxation by the Landlord as to the obligations of the Tenant on one occasion shall not constitute an amendment to the terms of the lease and does not mean the Landlord cannot enforce his rights on any subsequent occasion.

15. FULL AGREEMENT:

The parties agree that this Lease Agreement contains all the terms and conditions between them and no changes will be valid unless done in writing and signed by all parties. 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.

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: _____________________________