MEMORANDUM

OF AGREEMENT OF LEASE
• DEFINITIONS:

THE LANDLORD : Calvin Govindasamy

ID : 7603216981084
THE TENANT : venkatesh kilari
ID : T8412295
CELL : 0732298848
THE PREMISES : Unit 2, Sunset Valley, Burger Road,

Vorna Valley, Midrand, Johannesburg-1685.

MONTHLY RENTAL: R7 500.00 (Seven Thousand Five Hundred Rands)

THE DEPOSIT : R7 500.00(Seven Thousand Five Hundred Rands)

• THE LEASE

The landlord hereby lets to the tenant, who hereby hires the premises on the terms and
conditions contained herein.

• THE DEPOSIT

• Upon signature hereof, the tenant shall pay the deposits to the LANDLORD
• On termination of the lease, the deposit shall be dealt with as follows:
• the landlord may in his discretion apply the deposit toward the payment of all amounts
outstanding for which the tenant is liable including (without limitation) utility bills, the
cost of repairing damages and replacing lost keys and remote controls.
• Subject to the conditions contained in this contract, the deposit shall be refunded to the
tenant within 30 days of all the obligations of the Lessee to the Lessor having been
discharged following the termination of this lease.

• PERIOD OF LEASE

The lease shall be for an initial period of

• 1(One) Year commencing on the
th December 2022.
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• It is agreed that at the end of the initial period the lease shall continue on a monthly
basis (whereby all terms and conditions in this agreement will remain in effect) unless
two months’ notice is given from either party in writing.

• PAYMENT OF RENTAL

• Payment of rental for the first month, shall be effected upon signature hereof.
• Rental shall be payable in advance.
Payment will be made on or before the 1st day of each and every month, without
•
deduction or set-off in the following manner :

• The manner of payment may be varied at any time, providing notice is given in writing
to the landlord.
• During the period of the lease the tenant shall not remove any movable property
brought onto the premises without the consent of the landlord, it being understood that
such movable property falls under the landlord’s tacit hypothec and serves as security
for all payments due in terms of this lease. If any monies are due by the tenant to the
landlord at the termination or cancellation of this lease, the provisions of this clause
shall continue to apply.
• Irrespective of the manner of payment, the tenant shall ensure that all amounts payable
in terms of this lease are in fact received by the landlord by the due date.
• The tenant acknowledges that he shall be liable for the following charges in respect of
the late payment of rental
Should the Rental be received after the 5th of the month the Owner has the option to
•
levy a R250.00 (Two Hundred and Fifty Rand) penalty for late payment.

R25.00 Twenty-Five Rand) per rent reminder, which will commence from the rd of the
• 3
month either per phone call, letter, fax, sms or e-mail.

• UTILITY CHARGES

The tenant shall be liable for payment of utility charges and will personally make
arrangements with Phoenix View Estate Body Corporate in this regard.

• CONDITIONS OF PREMISES

• The tenant and landlord shall jointly, before occupation, inspect the premises to
ascertain the existence or otherwise of any defect or damage therein with a view to
 determining the landlord’s responsibility for rectifying any defect or damage and if not,
to record any such defects or damage.
• A list of defects recorded shall be attached as annexure “A” to this agreement.

• At the expiry of the lease, the tenant and the landlord shall arrange a joint inspection of
the premises with a view to ascertaining if there has been any damage caused to the
premises during the tenant’s occupation.
• Should the tenant fail to respond to the landlord’s request for an inspection, the landlord
shall on expiry of the lease, inspect the dwelling within 7 (seven) days from such expiry
in order to assess any damages or loss which occurred during the tenancy. Without
detracting from any other right or remedy which the landlord may have, the landlord
may deduct for the tenant’s deposit reasonable repair costs. The balance of the deposit
must thereupon be refunded to the tenant.

• PURPOSE FOR WHICH LET

The tenant shall use the premises for residential purposes only and the number of persons
residing at the premises shall not exceed four.

• TENANT’S OBLIGATIONS

• the tenant shall

• maintain the premises and ensure that all is in good order and condition and regularly
clean the carpets, floor coverings and tiles
• upon termination of this lease, have the carpets cleaned at his own cost
• keep the premises in a clean and hygienic state
• not leave or allow refuse to accumulate in or about the premises except in the refuse
bins provided
• refrain from interfering with the electrical, plumbing or gas installations/or systems
servicing the premises, except as may be necessary to enable the tenant to carry out
his obligation of maintenance and repair.
• The tenant shall not
• contravene or permit the contravention of any law, by – law or statutory regulation
relating to of affecting the premises
• make any structural alteration or addition to the premises, stick adhesive picture
holders into or deface the walls, drive nails or other objects into any portion of the
premises of paint the interior or exterior of the premises without the prior written
consent of the landlord.
• Engage in any activity which may potentially cause damage to the premises of which
may be potentially prejudicial to neighbours.
• Make use of the deposit as the last month’s rental.
• RULES OF THE BODY CORPORATE (if applicable)

The tenant acknowledges that he will become acquainted with the rules of the body corporate
of the scheme in which the premises are situated and undertakes to adhere strictly to the
provisions thereof.

• SUBLETTING

The tenant shall not cede or assign any of his rights and obligations in terms hereof and shall not
sub-let the premises, in whole or in part, without the prior written consent of the landlord.

• MAINTENANCE AND REPAIR WORK

In the event of the tenant failing to carry out any repair work for which he is liable, the landlord
may carry out such repairs personally or through contractors, the expense of which shall be for
the tenant’s account and shall be recoverable by the landlord.

• ACCESS BY LANDLORD

The landlord or workmen or other duly authorised persons shall be entitled to enter the
premises at all reasonable times on reasonable notice being given, to inspect the property or to
do and carry out their lawful business therein without interference from the tenant.

• NUICANCES

The tenant shall at all times ensure that no nuisance emanates from the premises.

• NOTICES

• The tenant appoints the premises as his domicilium citandi et executandi for all purposes
in terms of this lease. Notices sent by registered post to the tenant at the premises shall be
deemed to have been received 5 (five) days after the date of posting

• Notices delivered to the premises by hand or sent to the facsimile number or email
recorded in clause 1, shall be deemed to have been received on the date of delivery or
transmission.

• The landlord’s domicilium citandi et executandi 89 Carlswald Lifestyle Estate Walton

Road, Carlswald, Midrand

• BREACH OR CANCELLATION
• Should this agreement be cancelled by the landlord due to breach of contract, the
tenant shall be obliged to forthwith vacate the premises and allow the landlord to take
occupation thereof.
• Should the tenant fail to pay the rental, any part thereof, or any other monies due in
terms of this lease by due date, or should the tenant breach any of the terms of this
lease, the landlord shall have the right (without prejudice to any other rights he may
have at law) to cancel this lease on 5 (five) days’ notice in writing and thereupon
commence proceedings for the tenant’s eviction.
• In the event of the tenant breaching any clause of this lease on 3 (three) occasions, the
landlord, shall, on the third occasion, be entitled to cancel this lease forthwith without
notice to the tenant.
• In the event of the landlord cancelling this lease and in the event of the tenant disputing
his right to do so and remaining in occupation of the premises, the tenant shall,
pending adjudication or settlement of the dispute, continue to pay an amount
equivalent of the rental monthly in advance on or before the first day of each month.
• The parties agree to the jurisdiction of the Magistrate’s Court for all matters arising out
of this lease.
• In the event that the lease is cancelled due to breach of contract by the tenant, the
tenant will be liable for
• rental payments until such time that a replacement tenant is found
• securing a suitable tenant, to be approved by the landlord
• any legal costs incurred.

• WARRANTIES

• The tenant acknowledges that he may be legally entitled to the protection afforded by
the provisions of the Prevention of Illegal eviction from and Unlawful Occupation of
Land Act 19 of 1998
• The tenant acknowledges that service of written notice of an application for his eviction
in terms of the act at the premises and drafted in English will constitute effective notice
as contemplated in section 4(4) of the Act.
• The tenant warrants that his personal circumstances as set out herein, are both true
and correct and that same are the only relevant consideration pertaining to his personal
circumstances for the court to take into account in making any order in terms of the Act.

• RELAXATION OR INDULGENCES

No relaxation or indulgence given to the tenants shall in any way prejudice the landlord’s rights
hereunder and shall not affect his right to insist at any time upon strict compliance with each
and every term hereof.
• GENERAL

• This lease constitutes the entire contract between the parties, and no verbal
representations or warranties given to the tenant by the landlord save insofar as such
warranties or representations are set out herein, shall be enforceable nor actionable by
the tenant against the landlord.
• No amendment, variation or consensual cancellation of this agreement shall be binding
upon the landlord, unless reduced to writing and signed by the landlord and the tenant.

THUS DONE AND SIGNED AT ON

AS WITNESSES

TENANT

AS WITNESSES

LANDLORD