Residential Lease Agreement Template (Page 3 of 4) in pdf

23.

The LESSEE hereby chooses domicilium citandi et executandi for all purposes at the premises and all notices required to be

given to the LESSEE in terms of this lease shall be delivered by hand or sent by prepaid registered post to the premises and

shall be deemed in the case of delivery to have been received on the date of delivery and in the case of such posting, on the

third day after such posting.

24.

The costs of this lease and the stamp duty payable hereon shall be paid by the LESSEE.

25.

The LESSOR an d the agents shall not be liable to the LESSEE or any other person whatsoever for any injury, loss or

damage of any description whatsoever which the LESSEE or any member of his family or any employee or servant, friend,

acquaintance, visitor, invitee or guest of the LESSEE may sustain directly or indirectly in or about the premises from

whatsoever cause arising. The LESSEE hereby accepts responsibility for an indemnifies the LESSOR and his employees,

servants or agents against any claim by any such person for any injury, loss or damage sustained as aforesaid.

26.

The LESSEE hereby consents to the jurisdiction of the Magistrate’s Court in respect of any action or proceedings which may

have been brought against him by the LESSOR in connection with the lease, notwithstanding that such action or proceedings

would otherwise be beyond such jurisdiction without prejudice to the LESSOR’s right to institute action in the Supreme Court

having jurisdiction.

27.

No relaxation which the LESSOR may show at any time whatsoever in regard to the carrying out of any of the LESSEE’s

obligations in terms of this lease shall prejudice any of the LESSOR’s rights under this lease in any manner whatsoever or be

regarded as a waiver of any of the LESSOR’s rights in terms of this lease.

28.1

Should the LESSOR cancel this lease and the LESSEE dispute the LESSOR’s right so to do and remain in occupation of the

premises; the LESSEE shall, pending the determination of the dispute continue to pay all amounts due by him in terms of this

lease on the due date thereof and the LESSOR shall be entitled to recover, sue for and accept those payments without

prejudice to and without in any manner whatsoever affecting the LESSOR’s claim to cancellation of this lease or any other

nature whatsoever.

28.2

Should the dispute between the LESSOR and the LESSEE be determined in favour of the LESSOR the payments made to

the LESSOR in terms of 29.1 shall be regarded as amounts paid by the LESSEE on account of the loss sustained by the

LESSOR as a result of the holding over by the LESSEE of the premises.

29.

Notwithstanding anything to the contrary contained in this lease if during the currency hereof the monthly rental which may

lawfully be charged in respect of the premises is increase above that stipulated in this lease, the monthly rental payable in

terms hereof shall ipso facto be increased with effect from the date of such increase to the amount which is thus lawfully able

to be charged in respect of the premises. In addition the deposit payable by the LESSEE in terms of clause 16 of the lease

will be increased by the proportion which the rental stipulated in this lease bears to the said increased rental.

30.

The LESSEE shall be responsible for and hereby undertakes to pay to the LESSOR all expenses, costs and charges which

the LESSOR may incur arising out of the default of the LESSEE, collection commission at the ruling and all legal costs as

between attorney and client.

31.

This lease contains all the terms and conditions of the agreement entered into by the LESSOR and the LESSEE and the

LESSEE acknowledges that no representation, warranty, undertaking or promise whatsoever which may have been made by

the LESSOR or the LESSOR’s agents or servants other than those contained herein shall be binding on or enforceable

against the LESSOR. No alteration or variation of the terms of this lease or any alleged cancellation by mutual consent shall

be of any force or effect unless reduced to writing and signed by the LESSOR and the LESSEE or any person duly authorised

thereto in writing by them.

THUS DONE AND SIGNED by the LESSEE at ………………………………………………………………………………..

this ……………………………………………….. day of ……………………………………………………… 200……

WITNESS:

…………………………………………………..

LESSEE

THUS DONE AND SIGNED by the LESSOR at ……………………………………………………………………………….

this ……………………………………………….. day of ……………………………………………………… 200……

WITNESS:

…………………………………………………..

LESSOR

Residential Lease Agreement Template Page 3

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