Property Rental | Free Online Lease Agreement

Input Form

Important Notes

It is recommended that you obtain all the relevant information (including tenant vetting) before completing this Lease Agreement input form.
Fill out the relevant details in the form below and double-check to ensure that all information is correct.
Once printed, read the document to ensure that it meets all the requirements.
To make corrections to a submitted form, click the ‘BACK ARROW’ of your browser, correct and re-submit.
Changes made on the printed Lease Agreement must be accompanied by full signatures of both parties.
Have the Lease Agreement signed and initialled by both the Landlord and the Tenant.

The Parties

The Landlord is*

an Individual
a Company, Trust, CC or Body Corporate

The Tenant is*

an Individual
a Company, Trust, CC etc.

Is an estate agent acting as intermediary?*

Yes
No

Landlord

Name

Identity Number

Registration Number

VAT Number

Contact Person

Contact Number

Landlord Email

Physical Address

Landlord's Domicilium

Address Line 1 Address Line 2 City Province Postal Code

Tenant

Name

Identity Number

Registration Number

VAT Number

Contact Person

Contact Number

Tenant Email

Physical Address

Tenant's Domicilium

Address Line 1 Address Line 2 City Province Postal Code

Does the Tenant have Alternative Residence?*

State whether or not the Tenant has a suitable alternative place of residence in the event of the Tenant vacating the Premises or the lease being cancelled.

Yes
No

Address of Alternative Residence

Surety

The person signing surety on behalf of the Tenant in case of Legal Entity or Natural Person without legal capacity.

Is a Surety required to co-sign with the Tenant?*

E.g. if Tenant does not have legal capacity to sign the lease

Yes
No

Full Names of Surety

Identity Number of Surety

Estate Agency

Agency Name

Agency Registration Number

Agency VAT Number

Agency Address

Agency Contact Number

Agency Email Address

Agency Contact Person

Bank Account

The Landlord's Nominated Bank Account (Insert details or leave blank to fill later)

Account Name

Bank

Account Number

Branch Code

Reference

Description of Premises

Leave blank whichever is not applicable

Complex Number & Name

Street Number & Name

Other Description

Suburb

Town/City

Term of the Lease Agreement

Period (Months)*

Commencement Date

Termination Date

Occupants and Pets

Adults: Names and Identity Numbers

Children: Names and Ages (if any)

Are Pets allowed on the premises?

Yes
No

Limitations regarding number and/or breed

Rental and Ancillary Expenses (Excluding VAT)

Rental*

Lease Cost

Administration Fee

Administrative Costs, Credit Checks, etc.

Amount Payable on Signature*

Initial Payment EXCLUDING deposit amount

Annual Escalation Rate*

Deposit Amount*

Is smoking allowed inside the interior of the premises?

Yes
No

Direct Marketing

Was the tenant approached directly by the Landlord or Agent to lease the property?

Yes
No

Inspections

Incoming Inspection

Outgoing Inspection

Special Provisions

Special or Additional Provisions to be added which are not elsewhere included in the agreement (Default is 'None')

Annexures to the Lease Agreement

Annexures to the lease agreement

Pre-occupation Inspection List
Body Corporate Rules
Inventory
Suretyship
House Rules
List of Defects

Agreement

RESIDENTIAL LEASE AGREEMENT

Schedule


1.	General
1.1	The Landlord
1.1.1	Name	{Landlord Name:2}
1.1.2	Identity Number	{Landlord Identity Number:9}
1.1.3	Physical Address	{:11.1}, {:11.2}
	(Domicilium)	{:11.3}, {:11.5}
		{:11.4}, {:11.6}
1.1.4	E-mail Address	{Email:12}
1.1.5	Contact Number	{Landlord Contact Number:10}


1.	General
1.1	The Landlord
1.1.1	Name	{Landlord Name (Juristic Person):7}
1.1.2	Registration Number	{Landlord Registration Number:15}
1.1.3	Physical Address	{:11.1}, {:11.2}
	(Domicilium)	{:11.3}, {:11.5}
		{:11.4}, {:11.6}
1.1.4	E-mail Address	{Landlord Email:12}
1.1.5	Contact Number	{Landlord Contact Number:10}
1.1.6	Contact Person	{Landlord Contact Person:20}
1.1.7	VAT Number	{Landlord VAT Number:16}


1.2	The Tenant
1.2.1	Name	{Name:23}
1.2.2	Identity Number	{Identity Number:24}
1.2.3	Physical Address	{:25.1}, {:25.2}
	(Domicilium)	{:25.3}, {:25.5}
		{:25.4}, {:25.6}
1.2.5	E-mail Address	{Email:27}
1.2.4	Contact Number	{Contact Number:26}


1.2	The Tenant
1.2.1	Name	{Name:28}
1.2.2	Registration Number	{Registration Number:30}
1.2.3	Physical Address	{:25.1}, {:25.2}
	(Domicilium)	{:25.3}, {:25.5}
		{:25.4}, {:25.6}
1.2.4	Contact Number	{Contact Number:26}
1.2.5	E-mail Address	{Email:27}
1.2.6	Contact Person	{Contact Person:35}
1.2.7	VAT Number	{VAT Number:34}


1.2.8	Surety	{Surety:150}, ID No. {Surety: Identity Number:156}


1.3	The Agency
1.3.1	Name	{Agency Name:37}
1.3.2	Registration Number	{Agency Registration Number:38}
1.3.3	Address	{Agency Address:40}
1.3.4	Contact Number	{Agency Contact Number:41}
1.3.5	E-mail Address	{Agency Email Address:43}
1.3.6	Contact Person	{Agency Contact Person:42}
1.3.7	VAT Number	{Agency VAT Number:39}


1.3.8	Agent's appointment	The Landlord and the Tenant agree that the Agency is the effective cause of this lease agreement. The Landlord has appointed the Agency to administer and manage the lease agreement and therefore all rights and duties conferred on the Landlord, by operation of this lease agreement may be exercised and effected by the Landlord or the Agency. The Agency is therefore the contact person in terms of the lease agreement.


2.	Nominated Bank Account
2.1	Account holder	{Account Name:45}
2.2	Bank	{Bank:46}
2.3	Branch Code	{Branch Code:47}
2.4	Account Number	{Account Number:48}
2.5	Reference	{Reference:49}


3.	The Premises	{Unit Number:52}
		{Street Name:53}
		{Street Name:54}
		{Suburb:152}
		{Town/City:99}


4.	Term of the Lease Agreement
4.1	Commencement Date	{Commencement Date:59}
4.2	Period	{Period:161} months
4.3	Termination Date	{Termination Date:60}


5.	Occupants and Pets
5.1	Adults: Names and Identity Numbers	{5.1 Adults: Names and Identity Numbers:62}
5.2	Children: Names and Ages	{5.2 Children: Names and Ages:63}


5.3	Number and Breed of Pets allowed on Premises	{Limitations regarding number and/or breed:58}


5.3	No-Pets Policy	No pets are allowed in or on the Premises without the Landlord's prior written consent.


6.	Rental and Ancillary Expenses (excluding VAT)
6.1	Rental	{Rental:70}
6.2	Lease Cost	{Lease Cost:73}
6.3	Administration Fee	{Agency Fees:76}
6.4	Amount payable on signature (excluding Deposit)	{Total amount payable on signature:78}
6.5	Annual Escalation Rate	{Annual Escalation Rate:137}%


7.	Deposit Amount	{Deposit Amount:79}


8.	Smoking	Smoking is allowed inside the interior of the premises.


8.	Smoking	Smoking is NOT allowed inside the interior of the premises.


9.	Inspection Dates
9.1	Incoming Inspection	{Incoming Inspection:83}
9.2	Outgoing Inspection	{Outgoing Inspection:85}


11.	Direct Marketing	The Tenant was approached by the Landlord or Agency directly through direct marketing by mail, telephone or electronic communication for the purpose of leasing the Premises to the Tenant.


11.	Direct Marketing	The Tenant was NOT approached by the Landlord or Agency directly through direct marketing by mail, telephone or electronic communication for the purpose of leasing the Premises to the Tenant. The Tenant did in fact first approach the Landlord or Agency.


10.	Additional Provisions	{Special Provisions:143}


11.	Annexed hereto:	{Annexures to the lease agreement:90.1}
		{Annexures to the lease agreement:90.2}
		{Annexures to the lease agreement:90.3}
		{Annexures to the lease agreement:90.4}
		{Annexures to the lease agreement:90.5}
		{Annexures to the lease agreement:90.6}

The Contract

1.	DEFINITIONS AND INTERPRETATION
	In this Agreement:
1.1	Any reference to one gender includes the other genders; and
1.2	to the singular includes the plural and vice versa.
1.3	Clause headings are for convenience and are not to be used in its interpretation.
1.4	“Business Day” means any day of the week, excluding Saturdays, Sundays and public holidays.
1.5	“Lease” means this Lease Agreement, together with any annexures hereto.
1.6	“Bank Account” means the Bank Account nominated by the Landlord as set out in Clause 2 of the Schedule above.

2.	LEASE AGREEMENT
2.1	The Landlord leases the Premises to the Tenant, and the Tenant rents the Premises from the Landlord subject to the terms and conditions as set out in this Agreement.
2.2	The lease shall commence on {Commencement Date:59}, shall endure for {Period:161} months and shall terminate on {Termination Date:60}.

3.	RENTAL AND DEPOSIT
3.1	The Tenant shall pay monthly in advance to the Landlord Rental of {Rental:70}, subject to 3.2 below, into the nominated bank account by electronic transfer. The rental amount paid, must be cleared in the nominated bank account by the first day of each month free of any deduction or set off, and the Tenant will be liable for all bank charges.
3.2	The rent will increase every year, with effect from the anniversary date of the Lease, at the Escalation Rate of {Escalation Rate:137}%.
3.3	The Tenant shall pay the Landlord a Deposit of {Deposit Amount:79} into the nominated bank account and undertakes to pay the Total Amount Payable on signature of {Total amount payable on signature:78}, as set out in Clause 6 of the Schedule, to the Landlord within 2 business days once all parties have signed the Lease Agreement.
3.4	Once received, the Deposit must be paid into an interest-bearing account with a financial institution by the Landlord. Interest to be levied will be at the rate of interest equal to the rate of interest to such monies invested in a savings account with a financial institution. Interest shall be paid to the Tenant on the date of the refund of the Deposit in terms of this lease agreement.
3.5	The Tenant may not request the Landlord to apply the deposit towards any outstanding or future rental, including the last month’s rental. The Landlord may, in his discretion, apply the Deposit towards the payment of all amounts for which the Tenant is liable under this agreement. In the event of the Landlord utilising the Deposit for any such payment, the Tenant shall immediately pay to the Landlord the amount expended to ensure that the Deposit are maintained as specified in clause 3.3 above.
3.6	Upon termination of the lease agreement, the balance of the deposit, together with interest accrued thereon and after deduction of the amounts for which the Tenant is liable in terms of this agreement, shall be refunded to the Tenant no later than 14 (fourteen) days after the assessment and restoration of any damage to the dwelling which the Tenant is liable for.
3.7	It is recorded that the Landlord and the Tenant have jointly inspected the Premises before the Tenant took occupation to register defects in the Premises. Unless annexed hereto, a List of Defects will be kept by the Landlord until the termination of the lease agreement.
3.8	On expiration or termination of the lease, the Landlord and the Tenant shall arrange a joint inspection of the dwelling at a mutual and convenient time to ascertain if any damage was caused to the dwelling by the Tenant during occupation thereof. In the event that the Tenant fails to respond to the Landlord's request for an inspection on expiration of the lease, the Landlord shall inspect the Premises within 7 (seven) days of expiration of the lease and ascertain the damages.

4.	ADDITIONAL PAYMENTS BY THE TENANT
4.1	The Tenant shall pay on demand to the Landlord all legal costs between attorney and own client incurred by the Landlord in respect of any legal steps taken in terms of this agreement.
4.2	The Tenant from date of commencement of this lease shall promptly pay for:
4.2.1	all electricity (including electricity service charges), water and gas (if any) consumed on the Premises, if not included in the monthly rental or prepaid basis;
4.2.2	all sewer, effluent and sanitary fees on the Premises, if not included in the monthly rental or prepaid basis;
4.2.3	any other fees payable in respect of services rendered to the Premises during the period of the lease.
4.3	In the event of the Tenant failing to make payment of any of the aforegoing the Landlord shall have the right without prejudice to any other rights in law or under this agreement to effect payment himself and to recover the amounts so expended from the Tenant.
4.4	The Landlord may, at any time and at its own discretion, install pre-paid electricity or water meters on the Premises. In which event, all the costs of such installations will be for the account of the Landlord.

5.	ACKNOWLEDGEMENTS BY THE TENANT
	The Tenant acknowledges that:
5.1	the Premises are let subject to the conditions contained in the title deed of the Premises or of the land on which the Premises is situated (as the case may be), and as they are amended from time to time;
5.2	the Tenant has inspected the Premises and found it suitable for the purposes for which they are let;
5.3	the Tenant will have no claim for damages whatsoever against the Landlord if, for any reason, the Premises become unsuitable for the purposes for which they are let;
5.4	all goods brought onto the Premises by the Tenant or any other person shall be at the sole risk of the Tenant without the Landlord incurring any responsibility relating thereto;
5.5	the Landlord shall not be liable for any loss sustained by the Tenant by reason of any burglary or fire on the Premises or for any damages suffered by the Tenant or any other person as a result of any act or omission on the part of the Landlord or as a result of any defects in the Premises;
5.6	the Tenant shall be liable for any injury or damages suffered by the Tenant and/or third parties at the Premises. For this reason, the Tenant undertakes to obtain sufficient third-party insurance throughout the lease period. The Tenant shall, when called upon, provide proof of such insurance to the Landlord;
5.7	the Tenant shall not at any time bring or allow to be brought or kept on the Premises, or permit to be carried on, in the Premises, any matter or thing or activity whereby the fire or any other insurance policy in respect of the Premises may be rendered void or invalid or whereby the premium for such insurance may be increased. Should the Tenant breach the terms of this clause, the Landlord without prejudice to any other rights it may have, shall be entitled to recover from the Tenant the total amount of such additional premiums paid in consequence;
5.8	if the Premises are part of a sectional title scheme under the provisions of the Sectional Titles Act No 95 of 1986 the Premises are let subject to the conditions contained in the relevant sectional plan as well as the provisions of rules applicable to such scheme, including the house rules. It is recorded the Tenant is in the possession of the above-mentioned rules;
5.9	should the Premises form part of a Home Owners Association and are let subject to conditions contained in the provisions of the rules applicable, annexed hereto as per the Schedule;

5.10	the Premises is a NO-SMOKING unit and the Tenant, and visitors of the Tenant, may not smoke inside the Premises which includes cigarettes, cigars, pipes, vaporisers or other smoking devices whatsoever;

5.10	smoking is allowed inside the Premises and the Tenant shall be solely responsible for any and all damage flowing from and as a result of smoking inside the Premises.

5.11	the Tenant may NOT, without the Landlord's prior written consent, keep any pets on the Premises.

5.11	Pets are allowed on the premises as stated in Clause 5. of the Schedule and the Tenant shall be solely responsible for any and all damage flowing from and as a result of having pets on the Premises.

6.	PROHIBITION AGAINST PARTING WITH POSSESSION
	The Tenant shall not:
6.1	cede his rights or assign his obligations hereunder; or
6.2	part with possession of the Premises or any portion thereof without the prior written consent of the Landlord.

7.	OCCUPATION
7.1	Notwithstanding any receipt given for rental or deposit paid in terms of the lease, the Tenant shall have no claim for damages or other right of action against the Landlord, nor be entitled to cancel this lease, should the Landlord be unable to give the Tenant occupation of the Premises on the date of commencement of the lease for any reason whatsoever not attributable to wilful default on the part of the Landlord, and the Tenant undertakes to accept occupation from whatever date the Premises are available subject to a remission of rental in respect of the period of non-occupation.
7.2	Should the Tenant fail to take occupation of the Premises on due date, upon which the Premises are made available to him for occupation, the Landlord may without incurring any liability whatsoever towards the Tenant immediately cancel this agreement without notice whereupon the Tenant shall forfeit the deposit paid by him while remaining liable for any loss of rental or any other losses sustained by the Landlord provided that this clause shall not apply if the Landlord and the Tenant have agreed in writing that the Tenant will not take physical occupation of the Premises on the said date.
7.3	In the event of the Tenant not being able to enjoy the beneficial occupation of the Premises as a result of them having been materially damaged by fire, earthquakes, weather, storms, riot activity or the like, and the Premises:
7.3.1	shall be deemed to be rendered “partially untenable” if up to 15% (fifteen percent) of the improvements thereto are destroyed or damaged by fire or other cause; and
7.3.2	shall be deemed to be rendered “substantially untenable” if more than 15% (fifteen percent) of the improvements thereto are destroyed or damaged by fire or other cause.
7.4	If the Premises is rendered partially untenable the Landlord shall expeditiously reinstate it substantially to its form before the damage or destruction and the Tenant shall be entitled to a remission of rent according to the extent to and the time during which is deprived of beneficial occupation of the Premises.
7.5	If the Premises is rendered substantially untenable the Tenant shall be entitled within 30 (thirty) business days of the date of the destruction or damage on written notice to the Landlord to terminate this Agreement whereupon this Agreement shall be deemed to have terminated on the date of destruction. If the Tenant does not give notice as aforesaid, the Landlord shall restore the Premises to a Tenable condition as expeditiously as practicable and the Tenant shall be entitled to a total or partial remission of rent according to the extent to which and the period during which it has been derived of beneficial occupation of the Premises.
7.6	Save as provided for in 7.4 and 7.5, the Tenant shall have no other claim whatsoever against the Landlord.
7.7	The Tenant shall not without the Landlord's prior written consent:
7.7.1	vacate the Premises prior to the expiry of the lease; or
7.7.2	allow the Premises to remain unoccupied for any period exceeding six weeks per year; or
7.7.3	allow at any one time the number of occupants living in the Premises to exceed the number as set out in clause 5 of the Schedule above.

8.	DEFECTS AND MAINTENANCE
8.1	It is hereby recorded that at the time of conclusion of this agreement the Premises are in a good state of repair and condition, save for the defects listed in the inspection report and that all keys, locks, glass windows, electrical installations, sanitary ware, sewerage pipes, stoves, water taps, geysers and other appurtenances, are likewise in good order and condition. Should the Tenant at the time of taking occupation of the Premises discover any defects in the Premises, he shall within 7 (seven) days of such occupation give written notice of any such defect to the Landlord. Failure on the part of the Tenant to give such notice shall be deemed to be an acknowledgement on his part that the whole of the Premises are in a good and proper state of repair and condition.
8.2	It is specifically recorded that any notice given by the Tenant in terms of 8.1 shall not place any obligation on the Landlord to repair the Premises concerned, the intention being that such notice will serve only to record the state of repair in which the Tenant took occupation of the Premises. It is furthermore specifically recorded that, save as is otherwise provided in this agreement, the Landlord shall not be obliged to effect repairs to or maintain the Premises, and the Tenant shall not be entitled to withhold the rental or to claim any refund in respect of rental paid, by reason of any defect whatsoever in the Premises.
8.3	The Landlord shall keep the structure of the Premises and the roof in a state of good repair but shall not be held liable to the Tenant for any damages which the Tenant may suffer by reason of any repairs to be effected by the Landlord not being effected timeously or at all.
8.4	The Tenant undertakes, subject to 8.3 above, to maintain at his own cost the whole of the Premises for the full duration of the lease in the same state of repair as they were received by him, reasonable fair wear and tear excepted, alternatively to reimburse the Landlord for the cost of replacing or repairing any breakages or defects. Notwithstanding the generality of this clause, the Tenant specifically undertakes to:
8.4.1	keep and maintain all gutters, sewerage pipes, water pipes and drains on the Premises free from obstruction and/or blockage; and
8.4.2	keep the grounds (if any) of the Premises in a clean and tidy condition, free from all litter and rubbish; and
8.4.3	keep the electrical system in good working order and condition; and replace any damage done to door handles, locks, keys, glass, window fasteners, bulbs or globes, baths, basins, water taps and shower heads, sanitary appliances, electrical fittings, etc.; and
8.4.4	clean the carpets and other floor coverings and tiles regularly, it being understood that same shall be replaced completely at the expense of the Tenant should they be damaged beyond reasonable wear and tear, this provision is applicable to repainting of walls as well, especially in the instance when walls have been washed to the extent that paint has been removed therefrom; and
8.4.5	not overload the floor of the Premises, or place a safe or heavy article on the Premises without the Landlord’s prior written consent, which consent may not be unreasonably withheld; and
8.4.6	keep the grounds in a clean and tidy condition and where applicable keep the garden and lawn watered and cut the grass regularly and maintain the flowerbeds. The Tenant shall not cut or remove trees or plants or effect any material alteration to the garden, without the Landlord's prior written consent.
8.5	The Landlord shall be entitled to inspect the Premises at all reasonable times and to make such repairs and alterations as deemed necessary by the sole discretion of the Landlord, for the safety, preservation or improvement of the Premises, both externally and internally.
8.5.1	The Landlord shall give 48 hours’ notice of such inspection to the Tenant of said inspection; and
8.5.2	Notice of the inspection shall be sufficient if given verbally or in written format, including but not limited to notice by electronic mail, facsimile or short message service (SMS), Whatsapp or similar social networking platform.
8.6	Should the Tenant fail to maintain the Premises in the manner specified in this clause, the Landlord shall be entitled, in addition to any other rights or remedies available to him in terms of this agreement, to carry out the necessary maintenance work at his discretion and to recover the full cost thereof from the Tenant.
8.7	The Tenant shall, however, not be liable to repair any structural defects of a serious nature, which may appear in the buildings through no fault of the Tenant.

9.	"FOR SALE" AND "TO LET" NOTICES
9.1	The Landlord shall at any time during the period of this lease be entitled to affix a "for sale" and “to let” notice in respect of the Premises.
9.2	The Tenant shall allow any prospective tenant or purchaser to view the exterior and interior of the Premises during reasonable hours, provided a prior appointment to do has been made with the Tenant.
9.3	The Tenant shall not be entitled to remove, relocate or damage any notice referred to in 9.1 or 9.2

10.	USE OF THE PREMISES BY THE TENANT
	The Tenant shall use the Premises for residential purposes only and hereby specifically undertakes not to:
10.1	contravene or permit the contravention of any law, bylaw, ordinance or regulation applicable in respect of the Premises, in particular (if applicable) the rules applicable to the sectional title scheme of which the Premises forms part or, if the Premises form part of a share block scheme, any use agreement applicable to the Premises; or
10.2	fail to comply with any licensing, fire, public health and other authorities; or
10.3	cause or permit any nuisance upon the Premises; or
10.4	allow pets or other animals to damage the Premises; or
10.5	deface, mark, paint or drive nails, hooks or screws into the doors, walls, ceilings or floors of the Premises, or place or display advertisements or notices of whatsoever nature on any part of the Premises, without the written consent of the Landlord; or
10.6	interfere in any manner whatsoever with the existing electrical installation on the Premises or to connect any electrical equipment to the electrical current which may in any way damage the electrical installation or cause it to short-circuit; or
10.7	make any alterations or addition to the Premises or its appurtenances without the prior written consent of the Landlord;
10.7.1	all proposed alteration shall be submitted to the Landlord in writing for written approval and the Landlord shall be entitled to require that such alterations or additions are effected by builders or sub-contractors nominated by the Landlord;
10.7.2	any and all fees due to any builder, sub-contractor and/or architect employed by the Landlord in connection therewith shall be borne by the Tenant; or
10.8	keep or store any dangerous or hazardous material or substance on the Premises or do or permit anything which may vitiate the Landlord's insurance on the Premises or cause an increase in the premiums payable thereunder; or
10.9	hold, or permit the holding of, any sale by public auction whatsoever in or about the Premises; or
10.10	keep any pets in or on the Premises without the Landlord's prior written consent.

11.	IMPROVEMENTS
11.1	Any improvements made by the Tenant on or to the Premises during the period of the lease shall become the property of the Landlord, the Tenant shall not be entitled to remove any such improvement or claim from the Landlord any compensation in respect thereof, upon termination of the lease or at all.
11.2	Notwithstanding the provisions of 11.1 above, the Landlord shall be entitled at the termination of the lease to demand in writing that any improvement or addition made by the Tenant be removed by the Tenant at his own cost. The Tenant shall at his own expense and to the satisfaction of the Landlord repair all damage and/or defects caused by such removal.
11.3	Should the Tenant fail to comply with a demand made by the Landlord in terms of 11.2, the Landlord shall be entitled, in addition any other remedy or right available to him in terms of this agreement, to have the relevant improvement and/or addition removed and to recover the costs thereof from the Tenant, including the cost of repair of all damage and/or defects caused by such removal.

12.	BREACH
12.1	If either party commits a breach of any of the terms of this lease and fails to remedy the breach within a period of 7 (Seven) days after delivery of written notice calling upon the defaulting party to remedy the breach; then the aggrieved party will be entitled without prejudice to any of the aggrieved parties other rights in law or in terms of this lease, either to claim specific performance of the terms of this lease or to cancel this lease and claim damages.
12.2	Should Section 14 of the CPA however find application, and either party commits a breach of any of the terms of this lease and fails to remedy the breach within a period of 20 (Twenty) business days, after delivery of written notice calling upon the defaulting party to remedy the breach; then the aggrieved party will be entitled without prejudice to any of the aggrieved parties other rights in law or in terms of this lease, either to claim specific performance of the terms of this lease or to cancel this lease and claim damages.
12.3	The defaulting party undertakes to pay on demand to the aggrieved party all expenses, costs and charges arising out of the breach by the defaulting party, including Tracing Agent’s costs, collection commission and all legal costs on the scale as between attorney and own client, whether in respect of Court, Arbitration, Rental Housing Tribunal or other proceedings.
12.4	Should this lease be cancelled for any reason whatsoever, the Tenant and any other person occupying the Premises, will immediately vacate the Premises.
12.5	Should a Warrant of Attachment for the Premises be served on the Premises during the currency of this lease, this will constitute a breach of the lease by the Landlord, which if not rectified, will entitle the Tenant to cancel the lease.
12.6	Should Section 14 of the CPA not apply and the Tenant breach any of the terms of this lease on more than 2 occasions, in any consecutive 12 month period, the Landlord shall be entitled, to cancel this lease agreement forthwith without further notice and claim possession of the Property, notwithstanding any previous waiver or anything to the contrary in this lease agreement contained. This right being exercised without prejudice to the Landlord’s claim, for any rental arrears and any other sums payable hereunder and for any damages which it may suffer by reason of such breach or cancellation.

13.

TENANT DISPUTING CANCELLATION

In the event of the Landlord cancelling this Lease, and in the event of the Tenant disputing the right to cancel and remaining in occupation of the Premises, the Tenant shall, pending a decision in such dispute, continue to pay an amount equivalent to the monthly rental provided for in this Lease together with all other payments herein provided, on the due date and at the place provided for in this lease and the Landlord shall be entitled to accept and recover such payments, either before or after legal proceedings have been instituted, and the acceptance thereof shall be without prejudice to and shall not in any way whatsoever affect the Landlord's claim of cancellation then in dispute. Should the dispute be determined in favour of the Landlord, the payments made and received in terms of this clause shall be deemed to be amounts paid by the Tenant on account of damages suffered by the Landlord by reason of the cancellation of the Lease and/or the unlawful holding over by the Tenant.

14.	DOMICILIUM
14.1	The Landlord and Tenant appoint as their respective domicilium citandi et executandi for all purposes in terms hereof the addresses as set out in clause 1.1. and clause 1.2 of the Schedule above.
14.2	A notice sent by one party to the other shall be deemed to have been received:
14.2.1	on the same day if delivered by hand;
14.2.2	on the fourth day after posting if sent by registered post;
14.2.3	on the same day if delivered by email or facsimile;
	provided that any party alleging non-receipt shall bear the onus of proving same.
14.3	Any party hereto may by notice advise the other parties of a change of domicilium and such domicilium shall become operative 14 (fourteen) days after the date of delivery of such notice or the deemed date of delivery if posted.
14.4	No party shall be entitled to select a domicilium citandi et executandi which is not an address in the Republic of South Africa.
14.5	Notwithstanding anything to the contrary herein contained, a written notice of communication actually received by a party shall be an adequate written notice or communication to it notwithstanding that it was not sent by way as described above.

15.

SUSPENSIVE CONDITION

This agreement shall be conditional upon the Landlord being satisfied as to the credit rating of the Tenant. The Tenant shall furnish the Landlord with all necessary details for the purposes of obtaining a credit report. The Landlord shall notify the Tenant within 7 (seven) days from date of the Tenant's signature to this document if it is not satisfied with the credit rating in which event this agreement shall be null and void. Should no such notice be given by the Landlord to the Tenant, then this suspensive condition is deemed to be fulfilled.

16.	RENEWAL AND TERMINATION OF THE LEASE AGREEMENT
16.1	Notwithstanding the termination of this lease the Tenant shall remain liable in terms of this lease until the date that the Tenant has vacated the Premises. By vacating the Premises is meant that the Tenant has left the Premises empty and in a neat and tidy condition.
16.2	Not less than 40 business days and no more than 80 business days before the Termination date of the lease, the Landlord will give the Tenant written notice reminding the Tenant of the termination Date.
16.3	This notice shall also advise the Tenant of the terms of the lease that will change in any way if the lease is renewed. These changes may relate to the Rental, the new fixed term, or any other aspect of the lease.
16.4	In addition, the Landlord will advise the Tenant that the Tenant must, within 10 days of receipt of the notice in writing, either:
16.4.1	accept the terms proposed by the Landlord; or
16.4.2	reject the proposed terms and direct that the lease must terminate on the Termination date; failing which the lease will not terminate at the end of the Initial period but will continue on all the terms as proposed by the Landlord, save for any period of renewal and the lease agreement will from then continue on a month-to-month basis and be capable of termination by either party on 1 calendar months’ notice in writing to one another. Should the lease agreement continue on a month-to-month basis, it is specifically recorded that section 14 of the CPA will no longer apply to the lease agreement.
16.5	The Tenant may not exercise any rights in terms of this clause while in breach or default of any of the terms of this lease.

16.6	In the event of the Tenant (or any persons directly or indirectly related to or controlled by the Tenant) entering into any renewals of the lease (or any extensions thereof), orally or in writing, or in the event of such parties continuing to occupy the Premises, a letting commission, will become due and payable by the Landlord to the Agent, on the commencement date/s of the renewals or in the event of continued occupation, monthly.
16.7	Should an extension/renewal take place and the Landlord, for any reason whatsoever, is unable to pay the commission earned in terms of this clause, then Agent will have the right to deduct any monies due from the Tenant’s rental where applicable.
16.8	The Landlord authorises the Agent to assist in the signing of any and all documentation and to do all that may be necessary, for the purposes of effecting a renewal of this lease as contemplated in this clause.

17.	GENERAL
17.1	This agreement constitutes the entire agreement between the parties and may not be cancelled, amended, varied or altered, save in writing and signed by all parties hereto.
17.2	Not limiting the jurisdiction any other Court may have, the parties hereto consent to the jurisdiction of the Magistrates Court in respect of any dispute arising out of this agreement.
17.3	No indulgence of whatsoever nature or any relaxation or latitude which any party hereto (hereinafter referred to as the grantor) may show, grant or allow to any other party (hereinafter referred to as the grantee) shall constitute a waiver by the grantor of any of the grantor's rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may then have already arisen or which may thereafter arise.
17.4	It is recorded that neither party hereto has made any representations or warranties other than those specifically referred to and contained in this agreement.
17.5	All the provisions of this agreement shall be severable and no provisions shall be affected by the invalidity of any other provision of this agreement.
17.6	If the Tenant is a foreigner as described in terms of the Immigration Act 13 of 2002, (“The Immigration Act”) he warrants that he has a valid permit which was granted in terms of the Immigration Act and which is valid for the period of the lease (including any renewal periods). The duty to show the Landlord his permit is the responsibility of the Tenant alone.
17.7	The Tenant hereby acknowledges that should there be any illegal foreigners as per The Immigration Act visit or work at the Premises, the Tenant will be solely responsible and accountable for this offence and the Landlord will not be legally accountable whatsoever.
17.8	The Tenant agrees that if the Premises are occupied by any person/s other than the Tenant, such person/s shall be jointly and severally liable for payment of the rental and all amounts due in terms of this lease agreement.
17.9	If the Tenant is a body corporate, partnership, association, company, close corporation or trust, the trustees, partners, directors or members (as the case may be), by signing this Lease, confirm that they agree to be personally liable under this Lease, together with the Tenant, and sign the annexure hereto entitled “Suretyship”.
17.10	If the person signing this Lease is not the Tenant, the person signing confirms they have the authority to do so and accepts liability jointly and severally with the Tenant as surety and co-principal debtor, for amounts which the Tenant may owe the Landlord under this Lease.

17.11

All contracting parties agree to be bound by the additional provisions specified in Clause 10. of the Schedule.

18.	ALTERNATIVE PLACE OF RESIDENCE
18.1	The Tenant hereby acknowledges that it has a suitable alternative place of residence, should the Tenant vacate the Premises or the agreement of lease be cancelled for any reason whatsoever. The address being: {Address of Alternative Residence:146}
18.2	The Tenant hereby agrees and undertakes that should such alternative place of residence become unsuitable he will notify the Landlord in writing of the new alternative place of residence.
18.3	It is recorded and agreed by the Tenant that until an alternative address is provided in terms of 18.2, the Tenant will be deemed to have a suitable alternative place of residence in accordance with 18.1 which constitutes prima facie evidence of a suitable alternative place of residence.

THUS DONE AND SIGNED AT
___________________________ on this the ________ day of ___________________ 20____

WITNESS

TENANT

THUS DONE AND SIGNED AT
___________________________ on this the ________ day of ____________________20____

WITNESS

LANDLORD

SURETYSHIP

Annexure

I, the undersigned,

{Surety:150}, ID No. {Surety: Identity Number:156}

("the Surety")

do hereby bind myself as surety and co-principal debtor, jointly and severally to {Name:2}{Name:7} (the Landlord) for the due and proper fulfilment of all the obligations of {Name:23}{Name:28} (the Tenant) and for the punctual payment of all sums which are or may become due by the Tenant arising out of this Lease or the renewal of this Lease between the Landlord and the Tenant, in terms of which the Tenant rents from the Landlord the Premises situated at:
{Unit Number:52} {Complex Name:53} {Suburb:54} {Suburb:152} {Town/City:99}

THUS DONE AND SIGNED AT
_____________________________ on this the ________ day of _____________________ 20____

{Surety: Full Names and Identity Number:150}

WITNESS

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Residential Lease Agreement

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Important Notes

The Parties

Landlord

Tenant

Surety

Estate Agency

Bank Account

Description of Premises

Term of the Lease Agreement

Occupants and Pets

Rental and Ancillary Expenses (Excluding VAT)

Direct Marketing

Inspections

Annexures to the Lease Agreement

Agreement

RESIDENTIAL LEASE AGREEMENT

Schedule

The Contract

SURETYSHIP