Residential Lease Agreement Template (Page 2 of 4) in pdf

event of a swimming pool or tennis court or any other amenity being situated on the premises the LESSEE shall maintain and

keep same in proper working order and in a fit and proper state to the satisfaction of the LESSOR or any person duly

authorised by him hereto.

12.

The LESSEE shall at his expense replace where necessary all fluorescent bulbs, starters, globes, ballasts and incandescent

bulbs used in the premises.

13.

The LESSOR’s workmen or agents shall at all reasonable times be entitled to enter the premises and to do and carry on any

work that may be required to be done to the premises for the preservation, repair or alteration thereof, or to carry out an

inspection of the premises to determine occupancy or condition.

14.

The LESSOR’s responsibility is:

14.1

to ensure that, on the taking of occupation by the LESSEE, the premises are in a reasonable state of repair, clean and

structurally sound;

14.2

to take steps, after the taking of occupation and for the duration of this Agreement, to keep the premises in functional order,

i.e. to effect such maintenance and repairs as may be necessitated through fair wear and tear.

14.3

In pursuit of its responsibilities the LESSOR shall keep all outside walls and roofs of the premises in functional order.

14.4

The LESSOR shall not be responsible for any damage caused by leakage, rain, hail, snow or any other cause whatsoever nor

shall the LESSOR be responsible for any loss or damage which the LESSEE may sustain by reason of any act or neglect on

the part of the LESSOR or any of his servants, nor shall the LESSOR be responsible for any damage which the LESSEE may

sustain by reason of the premises at any time falling into a defective state of repair or by reason of any repairs to be effected

by the LESSOR not being effected timeously or at all and the LESSEE shall not be entitled for any of the aforegoing reasons

or any other reasons whatsoever to withhold any monies payable by him to the LESSOR in terms of this lease.

15.

In the event of a fire occuring on the premises the LESSOR shall be entitled to forthwith terminate this lease in which event he

shall refund to the LESSEE any rent paid in advance beyond the date of such termination and the LESSEE shall not have any

claim for damages in consequence of any such deprivation or for damage by the fire to furniture or any personal effects. The

LESSEE undertakes not to use any apparatus or carry on any trade or process or keep any combustibles or hazardous goods

on the premises, which may vitiate the LESSOR’s fire insurance policy or increase any premium there under.

16.

Notwithstanding anything to the contrary contained herein and notwithstanding any receipt given for rent or deposit paid,

should the LESSEE occupation of the premises on the commencement date, for reason of the premises being in a state of

disrepair, or by reason of the fact that the previous tenant not having vacated same or by reason of any fact, matter or thing

whatsoever not due to wilful default on the part of the LESSOR, the LESSEE shall have no claims for damages or other right

of action against the LESSOR as a result thereof and undertakes to accept occupation from whatever date the premises are

available subject to a remission of rent for the period of non-occupation.

17.

Should the LESSEE fail to take occupation of the premises within a period of three days of the commencement date or from

the date on which occupation of the premises to him in terms of 16 the LESSOR shall be entitled to, without prejudice to any

other rights available to it in law, to forthwith cancel this lease without notice, in which event the LESSEE shall have no right or

claims of whatsoever nature against the LESSOR by reason of such cancellation but shall forfeit any deposit paid and be

liable for any loss of rent or other damages sustained by the LESSOR as a result of such cancellation.

18.

This lease shall be subject to confirmation by the LESSOR within one week of signature by the LESSEE and the LESSOR

shall be entitled to withhold such confirmation for any reason whatsoever and without assigning any reason therefore. Should

the LESSOR fail to sign this agreement within the said period the LESSEE shall not have any right to claim existence of a

lease with the LESSOR whether oral or otherwise by reason of such cancellation having been conducted in regard thereto by

reason of this lease having been executed by the LESSEE only or for any other reason whatsoever.

19.

Should the rental or any other sum or sums payable by the LESSEE hereunder not be paid promptly on the due date thereof

or should the LESSEE in any other respect whatsoever contravene or permit the contravention of any terms of this lease or

fail in the observance of any terms of this lease, the LESSOR shall, notwithstanding any previous waiver to the contrary on his

part of any of his rights under this agreement, be entitled to give the tenant seven days notice to remedy the breach, unless

the tenant is in default of rental payment and remains in default for a period of seven days of due date, then such notice will

be dispensed with. Following the notice period the LESSOR shall be entitled to cancel this agreement and to obtain

possession of the premises and for that purpose to take whatever action may be necessary for the immediate ejectment of the

LESSEE from the premises without prejudice and in addition to all other rights available to the LESSOR to claim rent already

due and such further damages as the LESSOR may sustain by reason of the LESSEE’s breach or default, including but not

restricted to all legal costs and charges payable by the LESSOR as a result thereof.

20.

The LESSOR shall be entitled to affix and exhibit on the premises “to let” and “for sale” notices for a period of

……………………………… months prior to the termination of his lease and the LESSEE shall permit prospective tenants or

buyers of the premises to view the whole of the same during reasonable hours at any time during the currency of this lease.

21.

The LESSEE hereby acknowledges the said ………………………………………………………… to be the duly authorised

agents of the LESSOR and that they may exercise on behalf of the LESSOR all the LESSOR’s legal rights and claims in

terms of this lease until written notice to the contrary shall have been received by the LESSEE from the LESSOR.

22.

All processes for the recovery of rent or ejectment or the fulfilment of any of the terms hereof or for the recovery of any

damage or loss suffered through the LESSEE’s breach of any terms hereof or through the LESSEE’s failure to vacate the

premises timeously on termination of this lease may be taken either by the agents in their name or by the LESSOR as the

LESSOR may from time to time direct. The LESSEE acknowledges that no receipt given shall be valid unless given on the

agents customary receipt form and that any error if any, in such receipt shall not be binding on the agents or the LESSOR.

Residential Lease Agreement Template Page 2

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