Lease Agreement N12
Lease Agreement N12
___________________________________________________________________
and
___________________________________________________________________
1. DEFINITIONS
1.1 “Agreement” refers to this Lease Agreement entered into between the Landlord and the
Tenant.
1.2 “Business Day” refers to any day other that Saturday, Sunday or Public Holidays.
1.4 “Landlord” refers to the owner of the property or any agent or party authorized by the Landlord
to act on its behalf.
1.5 “Lease amount” refers to the monthly rental amount payable by the Tenant to the Landlord,
on the agreed date;
1.6 “Party” refers to either the Landlord or the Tenant and “Parties” refers to either one of the
Parties;
1.7 “Tenant” refers to the Party who is leasing the Property from the Landlord, as fully described
in this Agreement;
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1.8 “Signature Date” refers to the date of signature of this Agreement by the last Party signing
herein.
2.2 *Notwithstanding 2.1, this lease shall not terminate after the initial period but shall
continue to endure thereafter on a month-to-month basis, subject to the right of
either party to terminate the lease on one calendar months’ notice in writing to the
other party.
3. RENT
3.1 The monthly rental payable by the Tenant to the Landlord shall be an amount of
R________________ (______________________________________________
________________________________________________________________)
per month.
3.2 The monthly rental referred to in 3.1 is inclusive of Value Added Tax (if applicable).
4. DEPOSIT
4.1 The Tenant shall, on date of its signature hereof, pay to the Landlord an amount of
R_____________ (_______________________________________________
________________________________________________________________)
by way of a deposit (if applicable).
4.2 The deposit shall be retained by the Landlord in an interest-bearing account as security
for the due fulfilment of the Tenant’s obligations to the Landlord in terms of this
lease.
4.3 The deposit shall be refunded to the Tenant, less any amount, which shall be deducted
by the Landlord in accordance with the provisions of clause 5.3 below, upon the
expiry or other termination of this lease, within fourteen (14) days of the Tenant
delivering possession of the premises to the Landlord.
4.4 In an event whereby the tenant breaches the contract in terms of provision clause
9 below, the Landlord will not refund the deposit back to the Tenant.
5. TENANT’S OBLIGATIONS
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5.1 The Tenant shall utilize the premises only for legal business solely , no illegal
business deals shall be permitted to be conducted on the premises like selling drugs &
sale of alcohol
5.2 The Tenant shall not utilize the premises improperly not in a manner calculated or likely
to cause damage to the premises or to constitute a nuisance to, or an interference
with, the use and enjoyment of neighbouring premises or properties.
5.3 The Tenant shall comply strictly with, and shall not permit the contravention of:
5.3.2 the provisions of any conduct rule, house rule or the constitution of any
homeowner’s association as may be applicable to the premises, or to the
use or occupation thereof.
5.4 Should there not be any conduct rule, house rule, constitution, or law applicable to the
premises that limits the number of persons that may occupy the premises, then it
is agreed that the premises may be occupied by authorised personnel solely.
5.5 The Tenant shall be obliged to promptly look after and to maintain both the interior and
exterior of the premises in good order and condition and to make good all damage
thereto and to return the premises to the Landlord on the expiry or other termination
of the lease, in good order and condition, fair wear and tear excepted.
5.6.1 inspect the premises jointly with the Landlord prior to taking occupation
thereof.
5.6.2 notify the Landlord of any defects in the premises within fourteen (14) days
of the commencement date, failing which the premises shall be deemed to
have been in good order and condition as at the commencement date.
5.7 The Tenant shall not, without the Landlord’s prior written consent, make any alterations,
improvements, or additions to the premises. Any alterations, improvements or
additions made to the premises shall become the property of the Landlord and may
not be removed from the premises upon the expiry or termination of the lease or at
any other time, unless the Landlord so directs in writing, in which event the Tenant
shall attend thereto at its cost. The Landlord shall not be obliged to pay any
compensation to the Tenant for any alterations, improvements or additions made
by the Tenant to the premises.
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5.8 The Tenant shall not do or permit to be done, any act or thing which might result in, or
constitute a breach of, any insurance policy over the premises, or in the increase
of the insurance premiums payable in respect thereof.
5.9 The Tenant shall for the duration of this lease, insure the contents of the premises, with
a reputable insurer, for their full replacement value.
5.10 The Tenant shall not affix, any sign, advertisement or notice to the premises without
the Landlord’s prior written consent.
5.11 The Tenant shall be obliged to inspect the premises jointly with the Landlord within a
period of three (3) days prior to the expiry of the lease.
6. LANDLORD’S RIGHTS
6.1 The Landlord, and/or any person authorized by him to do so, shall be entitled to enter
and to inspect the premises at any reasonable time, on reasonable notice to the
Tenant.
6.2 The Landlord shall be entitled to display a “To Let” sign on the premises from two
months before the expiry of the initial period.
6.3 The Landlord shall be entitled to display a “For Sale” sign on the premises at any
time.
6.4 The Landlord shall be entitled to terminate this lease in the event of the premises being
sold.
7. INDEMNITY
The Landlord shall not be responsible for, and the Tenant indemnifies the Landlord against
all claims arising from the following:
7.3 Any unsuitability of the premises for the purposes for which they are let;
7.4 Any disrepair of the premises, or a portion thereof, from time to time.
8. SUBLETTING
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The Tenant shall not cede, nor transfer, nor assign, the lease, nor sublet the premises or
any part thereof, nor part with possession of nor permit any other person to occupy the
premises, without the Landlord’s prior written consent.
9. BREACH
9.1 The Landlord shall be entitled, without prejudice to its other or accrued rights, to cancel
this lease forthwith in the event that:
9.1.1 The Tenant fails to pay the rental or any other amount due in terms of this
lease on due date;
9.1.2 The Tenant breaches any of the other terms or conditions hereof, all of which
are material, and fails to remedy same within seven (7) days from date of
receipt of written notice calling upon it to rectify such breach;
9.2 In the event of this lease expiring or otherwise terminating and in the event of the
Tenant failing to vacate the premises and to redeliver possession thereof to the
Landlord thereupon, the Tenant shall be obliged, for so long as it remains in
occupation, to continue to pay to the Landlord an amount equivalent to the rentals
and other charges as would have been payable by the Tenant to the Landlord had
the lease remained in existence, which amount shall be regarded as damages for
holding over.
9.3 Should the Tenant fail to make payment of any rental or other amount payable to the
Landlord in terms of this lease on due date, the Landlord shall be entitled, without
prejudice to its rights, to charge interest on such amounts at a rate of 2% above
the prime lending rate.
10. DOMICILIUM
10.1 The Parties choose the following addresses as their domicilium et executandi wherein all
notices pertaining to this Agreement shall be served.
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10.2 The Parties agree that any notice shall be acceptable as service through hand delivery, e-mail
or postal service.
10.3 In the event that either one of the Parties chooses to change any of its domicilium, same shall
be dome by notifying the other Party and the new address shall not be a post box address.
LANDLORD
Physical address: ____________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
E-mail address:________________________________________________________________
TENANT
Physical address: ____________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
E-mail address:_________________________________________________________________
11. GENERAL
11.1 This Agreement constitutes the entire agreement between the parties and no variation,
amendment or cancellation hereof shall be of any force or effect unless reduced to
writing and signed by all parties.
11.2 Any latitude, relaxation, indulgence or extension of time which may be allowed by the
Landlord in respect of any matter or thing that the Tenant is bound to perform or
observe in terms of this lease, shall not under any circumstances be deemed to be
a waiver of the Landlord’s rights at any time. The Landlord is entitled, without
notice, to require strict and punctual compliance with each provision or term herein.
11.3 In this Agreement, words importing the singular shall include the plural and vice versa,
words importing the masculine gender shall include the feminine gender and words
importing business shall include corporate bodies.
11.4 The Tenant acknowledges that this Agreement and its consequences have been
explained and that it is fully aware of all the implications hereof.
11.5 The Landlord gives no warranty and makes no representations regarding the premises
nor does the Landlord warrant that the premises will be fit for any purpose and the
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11.6 In the event that the Landlord takes legal action against the Tenant because of a
breach by the Tenant of its obligations in terms of this lease, the Tenant shall be
liable for all legal costs incurred by the Landlord on the scale as between attorney
and client including, without limitation, collection fees, tracing fees and fees of
counsel as on brief.
11.7 The Landlord shall, at its election, be entitled to institute action out of any Magistrates’
Court exercising jurisdiction over the Tenant’s person, notwithstanding that the
amount of its claim would otherwise have exceeded the jurisdiction of the court.
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
AS WITNESSES:
1. _____________________ ______________________________________
TENANT
2. _____________________
______________________________________
FULL NAMES AND SURNAME
AS WITNESSES:
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1. _____________________ ______________________________________
FOR AND ON BEHALF OF LANDLORD
2. _____________________ ____________________________________
FULL NAMES AND SURNAME