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Lease Agreement

1. Description of Parties and Leased Premises


1.1. The Landlord is Ora Property Admin (Pty) Ltd.
1.2. The Tenant is ……………………………………………………………..
1.3. The leased premise is Unit …3F….., Ora Property, Plot 34, Boschkop road, Mooiplaats.
1.4. The Landlord and Tenant hereby enter into an agreement of lease in respect of the Unit
described.

2. Personal nature of the lease


2.1. The Unit shall be used and occupied personally by the Tenant, with no more than the number
of occupants stipulated on the Tenant’s Application Form.
2.2. The Tenant may not transfer or encumber the lease or any right in the lease.
2.3. The Tenant may not sublet the Unit or any part of it, or permit any other person to occupy the
Unit, or to reside or obtain possession of it without obtaining the Landlord’s written consent in
advance.

3. Term of lease
3.1. This lease begins on the …1… day of …September 2020… and continues for at least twelve
months until it is terminated by either the Tenant or the Landlord.
3.2. A notice of intention to terminate must be given in writing and delivered to the other party at
least two calendar months before the intended date of termination. Delivery as aforesaid must
be made by 12h00 on the 1st day of the month in which the notice is due.

4. Rental and charges


4.1. The rental is R ..1 500.. per month. It is due in advance and must be paid on or before the first
day of each month.
4.2. Cash deposit fees levied by the bank will be charged to the Tenant.
4.3. The Landlord need not deliver monthly invoices of the rental and other amounts due and the
Tenant must pay these amounts whether or not an invoice was received.
4.4. The Landlord will provide the amount of any variable charge, such as electricity, if requested by
the Tenant.
4.5. The Tenant will be charged an administration fee of two hundred and fifty rand for every late
payment, together with interest at the prevailing penalty rate.
4.6. In the case of two or more joint Tenants, each of the Tenants is liable for the full amount of
rental and charges, as well as costs and penalties arising from any breach of the agreement.
The Landlord may claim from any of the joint Tenants, and that Tenant may then recover from
the others.
4.7. The Tenant may not withhold payment or make deductions from amounts due under this
agreement, whether in lieu of claims arising from defects to the Unit or on any other grounds.
5. Defects and maintenance
5.1. The Tenant confirms that he / she has inspected the Unit and found it to be in reasonable
order.
5.2. Within three days of occupying the Unit, the Tenant must complete a ‘defects and damages
form’ and return it to the Landlord. The Landlord must provide the Tenant with a signed copy.
5.3. The Tenant may not renovate the Unit, make alterations, or install security gates or bars,
without obtaining the Landlord’s written consent in advance.
5.4. On termination, the Landlord may chose to retain any renovations or alterations made, or
require the Tenant to reverse these and to reinstate the Unit to its original condition at the
Tenant’s own expense.
5.5. The Tenant may install a private satellite dish or other external apparatus either inside or
outside the Unit. This must take place with consultation.
5.6. The Tenant must maintain the interior of the Unit at his or her own expense.
5.7. The Tenant must leave the Unit in a good and clean condition on termination of the lease.
5.8. The Tenant is liable for the cost of repairing blocked drains.
5.9. The Landlord may inspect the Unit at reasonable times.

6. Building rules
6.1. The Tenant shall not allow animals or pets on the premises.
6.2. The Tenant shall not allow linen, clothing or washing from windows.
6.3. The Tenant must remove his or her refuse to the designated area. Refuse that cannot be
removed by the regular municipal service must be removed from the premises at the Tenant’s
own expense.
6.4. The Tenant shall occupy and enjoy the Unit in such a way that he or she does not pose a
nuisance to other tenants.
6.5. The Tenant may not create a fire hazard or do anything inside or outside the Unit that will put
the property or its occupants in danger.
6.6. The Tenant shall maintain and repair at his or her own expense, the stove and other appliances
provided with the Unit, and replace broken light bulbs and other consumable items.
6.7. The Tenant shall vacate the property before or on the termination date and deliver all keys and
duplicates to the Landlord.
6.8. The Tenant is liable for any damage he or she may cause to the Unit or the common areas in
the building, including the lift, lobby and parking area.

7. Risk
7.1. The Tenant occupies the Unit and uses the common areas, parking and other facilities in the
building at his or her own risk.
7.2. The Tenant indemnifies the Landlord against any loss or damage resulting from the use of the
Unit, common areas, parking and other facilities and agrees that the Landlord may not be held
liable except on grounds of gross negligence.

8. Early termination
8.1. The Landlord need not give notice under clause 3.2 if the Tenant:
8.1.1. fails to pay rental and other charges on time;
8.1.2. fails to comply with the building rules in clause 6;
8.1.3. commits any other material breach of this Agreement.
8.2. In the circumstances described in clause 8.1, the Landlord may terminate the lease on any
shorter notice period that the Landlord considers appropriate.

9. Deposits
9.1. The Landlord will refund the balance of the Tenant’s deposits by the 18th day of the month
following the month in which the Tenant vacates the property.
9.2. The following amounts may be deducted from the deposit:
9.2.1.the cost of lost keys;
9.2.2.the cost of any damage to the property;
9.2.3.the cost of cleaning the Unit;
9.2.4.an amount equivalent to one month’s rental and charges, if notice of intention to
terminate was given late;
9.2.5.any amount due and payable by the Tenant.

10. Increase in rental and other changes


10.1. The Landlord may change the following by notifying the Tenant in writing at least two months
in advance:
10.1.1. the rental amount;
10.1.2. the list of fees and charges for which the Tenant is liable, the amount of these and the
way in which they are calculated; provided that no changes under this paragraph may be
made in the first twelve months of the lease.
10.2. The Landlord may change the following by notifying the Tenant in writing at least one month in
advance:
10.2.1. the Landlord’s chosen address and other details as listed in the Application form;
10.2.2. bank account into which rentals and other payments must be made;
10.2.3. the letting and management agent;
10.2.4. the parking place or places allocated to the Tenant.

11. Remedies for non-payment and disputes


11.1. The Tenant agrees that the Landlord may, on notice to the Tenant, immediately apply for
default judgment in respect of any amount due and owing by the Tenant under this agreement,
and that the court may accept amounts stated by the Landlord as due and payable, to be
correct.
11.2. In the event of any other claim or dispute arising out of this contract, or its breach or
termination, the aggrieved party may give written notice to the other to initiate mediation
through a practitioner acceptable to both parties.
11.3. If a mediator is not appointed and the matter settled within 30 days of receipt of notice, the
matter shall be settled by arbitration.
11.4. The arbitrator shall have the same remedial powers as a court of law in South Africa would
have were it adjudicating the dispute.
11.5. The provisions of this clause shall not prevent either party from seeking urgent interim relief
from any court of competent jurisdiction.
12. Rights of the Landlord’s Agent
12.1. The Landlord’s agent may act in place of the Landlord in all matters related to this Lease.

13. Re-letting
13.1. On giving or receiving notice of intention to terminate, the Tenant permits the Landlord and
prospective tenants to enter and inspect the Unit at reasonable times.

14. General
14.1. Any notice to be given by the Landlord to the Tenant, or by the Tenant to the Landlord, in terms
of this agreement, must be in writing and delivered by hand to the recipient’s chosen physical
address or sent by fax or email to the recipient’s chosen fax number or email address.
14.2. This agreement may not be amended and the rights of the parties under the agreement may
not be waived or suspended, unless this is done in writing and signed by both parties.

Signed at ________________________________ on _____________________________ 20 _____.

____________________________ _________________________________

Tenant Witness

___________________________ _________________________________

Tenant Witness

Signed at ________________________________ on _____________________________ 20 _____.

____________________________ _________________________________

Landlord Witness

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