LEASE AGREEMENT
Entered into among
THE PROPERTY OWNER
AS DEFINED IN SCHEDULE 1
("the Landlord")
AND
THE TENANT
AS DEFINED IN SCHEDULE 1
("the Tenant")
1. PREMISES
The Landlord hereby lets to the Tenant, who hereby hires the premises known as:
Flat: {Flat}
Address: {address}
2. COMMENCEMENT DATE, INITIAL PERIOD, EXTENSION
This lease shall commence on {startDate} and shall continue for 12 months (“the initial period”).
3. RENTAL
3.1. The monthly rent shall be R{rentAmount} per month.
3.2. The Tenant shall have the option to renew the lease agreement for a further period of 12 months.
3.3. The selection of this option per 3.2. must be given to the Landlord in writing within 30 days of the end of the initial period.
3.4. The rent will increase at a rate of 10% per annum on lease renewal.
3.5. The rent shall be paid monthly in advance before or on the 1st day of each month or prior to commencement of any extension period via EFT to the details provided via WhatsApp.
3.6. The rent shall be paid without any deduction or set-off.
3.7. The Tenant is required to vacate the premises before 1 (ONE) pm on the final day of the initial period or any extension thereof. This means that the Tenant must vacate on the last day of the final month of the lease agreement.
4. DEPOSIT
4.1. The Tenant shall pay a deposit of R{depositAmount} to the Landlord via EFT to the details provided on WhatsApp before the initial period begins.
4.2. The Landlord shall be entitled to appoint CAEP Asset Managers Proprietary Limited (Registration Number 2007/025932/07) and its duly authorized representative, Grace Deposits Protection Proprietary Limited (Registration Number 2021/666390/07) t/a GraceNineteen, to manage the deposit and to invest the deposit in an interest bearing account in accordance with the terms and conditions which can be found here (Terms and Conditions) and the investment mandate attached to this lease agreement marked as Annexure 1 (Mandate). By signing this lease agreement, the Tenant acknowledges and agrees that the Tenant has read the Terms and Conditions and the Mandate and agrees to be bound thereby.
4.3. The deposit shall be repaid within 7 days after the expiry of this Lease, subject to the proper performance of the Tenant’s obligations and less:
4.3.1. The cost of hiring someone to clean the premises once the Tenant has vacated, should the Landlord at his own discretion, deem this to be necessary.
4.3.2. The cost of re-painting the interior of the premises, or a portion thereof, once the Tenant has vacated should the Landlord at his sole discretion, deem this to be necessary.
4.3.3. The cost of any damages to the property, which shall be determined by and at the sole discretion of the Landlord.
5. NOTICES AND DOMICILIA
All notices given by either party to the other in terms of this lease shall be delivered by electronic message on WhatsApp, e-mail or hand delivered:
5.1. To the Landlord at:
5.1.1. WhatsApp number (text): 060 068 4581
5.1.2. E-mail: rent@bitprop.com
5.1.3. Address: Innovation City, Darter Road, Gardens, Cape Town, 8001
5.2. To the Tenant at the contact number listed in this Lease by WhatsApp, or at the premises (or at such other addresses as either party may advise the other in writing from time to time) at which address the parties respectively choose domicilium citandi et executandi for all purposes hereunder.
5.3. Any notice required or permitted to be given in terms of this Lease shall be valid and effective only if in writing.
5.4. Any notice given and any payment made by one party to the other (“the Addressee”) which:
5.4.1. Is sent by electronic message on WhatsApp during normal business hours and is marked as being delivered shall be presumed, until the contrary is proved, to have been received by the Addressee at the time of delivery;
5.4.2. Is delivered by hand during the normal business hours of the Addressee at the Addressee’s domiciliumfor the time being shall be presumed, until the contrary is proved, to have been received by the Addressee at the time of delivery;
5.4.3. Is given by e-mail shall be deemed (in the absence of proof to the contrary) to have been received within ONE (1) hour of transmission where it is transmitted during normal business hours of the receiving instrument and within FOUR (4) hours of the commencement of the following business day if transmitted outside those business hours.
6. INVENTORY
The Tenant acknowledges by their signature hereto that the Landlord has supplied certain items contained in, or on the premises namely as per below. These items may not be removed from the premises and shall remain the property of the Landlord at all times. Should any of these items be lost or damaged then the Tenant shall be responsible for replacing or repairing them at his/her cost. Should the tenant require copies of the front door key and/or security gate key, they may obtain copies at their own expense.
7. TENANT RIGHTS AND OBLIGATIONS
The Tenant:
7.1. Usage
Shall use the leased premises for residential purposes only.
7.2. Over crowding
Shall not allow the premises to be occupied (lived in) by more than 1 (one) family.
7.3. Notification of Defects
Shall notify the Landlord in writing within 7 (seven) days after the commencement date of this lease of any defects in the Premises. Unless the Landlord has been notified as aforesaid, it will be deemed that the Premises were received in good order and condition and the Tenant shall have no claim against the Landlord for any defect(s) which may subsequently be found therein.
7.4. Electricity, Water, Sewage and Refuse Costs
Shall be responsible for all electricity and water costs. The Landlord will be responsible for the sewage and refuse costs of the property as a whole. Any additional sewage or refuse that is required to be removed by the Tenant shall be at the Tenant’s expense.
7.5. Animals/Pets
No pets are allowed.
7.6. Maintain interior of Premises
Shall keep the Premises clean, habitable and tidy and maintain in good order and condition, at the Tenant’s cost, the interior of the Premises, including all the Landlord’s fixtures and fittings therein and all locks, padlocks, keys, glass doors and door handles, ceilings, walls, tiled floors, carpets and all glass windows in respect thereof; and on termination of this Lease shall deliver the same to the Landlord in good order and condition, fair wear and tear accepted. For example, in the case of a stiff lock or noisy door hinge, the tenant shall attend to this themselves with Q-20 or similar metallic lubricant. Another example is that all drains shouhld be freeflowing and unblocked. if drains are blocked, the Tenant will attend to blockages themselves using a drain plunger and/or drain cleaner.
7.7. Inform the Landlord of any damage or defect immediately
Shall report any damage or defect that arises during the duration of the agreement to the Landlord as soon as they become aware of the issue. Should the issue be as a result of the actions of the Tenant, the repair work can be arranged by the Landlord, but will be invoiced to the Tenant. The Tenant’s deposit shall not be used for the payment of any invoice related to damage or defect.
7.8. Storage
Shall not store anything on the Premises that may compromise the security of, insurance of, or be viewed as an “eyesore” to the neighbouring properties.
7.9. Alterations to the Interior, Exterior or Garden
Shall not make any alternations or additions of any nature whatsoever to the Premises, without the Landlord’s prior written consent. Should consent be granted it will be with the proviso that the Tenant shall not at any time, or under any circumstances, have any claim whatsoever against the Landlord for the cost of such alterations or improvements. Notwithstanding the above, if any alterations are made to the Premises with the Landlord’s prior written consent, the Tenant shall, if so required by the Landlord upon termination of this Lease, reinstate the Premises to the same condition that it was prior to such iterations or additions.
7.10. Sub-let or Cede Lease
Shall not sub-let the whole or any part of the Premises, not cede or assign the lease.
7.11. Refuse
Shall ensure that all household refuse is taken, in securely closed black, municipality-type plastic bags, to the refuse storage area, and shall not place any refuse outside the front or rear door of the Premises at any time.
7.12. Blockage of Pipes
Shall use its best efforts to prevent any blockage of sewage or water pipes or drains in or connected to the Premises. Shall remove at its cost any obstruction or blockage in any sewage, water pipes or drains serving the Premises exclusively, and where necessary repair the sewer pipe or drain concerned.
7.13. Nuisance
Shall not do anything or permit anything to be done in, or on the Premises which may become a nuisance or annoyance to, or in any way interfere with the comfort of the occupants of neighbouring Premises.
7.14. Access
Shall allow, by prior arrangement, the Landlord access to inspect the Premises at all reasonable times. Shall also allow access by the Landlord, or his appointed contractor, to repair, alter, or add to the Premises, provided this is done by prior arrangement and with the minimum of inconvenience to the Tenant.
7.15. No Claims
Shall not have any claim of any nature against the Landlord for any loss, damage or injury which the Tenant may directly or indirectly suffer by reason of any latent or patent defects in the Premises, or fire in the Premises, or theft from the Premises or by reason of the Premises or any part thereof being in a effective condition or state of disrepair or any particular repair not being affected by the Landlord timeously or at all, or arising out of vis major or causus fortuitusor any other cause either wholly or partly beyond the Landlord’s control, or by any person whatsoever, for any purpose whatsoever, or arising from any other cause whatsoever.
Note: In view of the provisions of this clause, the Tenant is advised to take the necessary steps to insure his/her interests and personal effects.
7.16. Insurance
Shall not do or allow to be done, either by commission or omission, anything which would increase the premiums of, or vitiate the Landlord’s Policies of Insurance on the Premises.
7.17. Glass
7.17.1. Shall keep and maintain all glass in the Premises in good order and condition and replace, at the Tenant’s cost, any damaged or broken glass, however that damage or breakage is caused. The only exception to this clause is breakages resulting from “storm damage”. In such cases the Landlord will replace any broken glass.
7.17.2. Shall keep and maintain the glass in the windows and the patio doors in good order and condition.
8. LANDLORD RIGHTS AND OBLIGATIONS
The Landlord:
8.1. Shall notwithstanding anything to the contrary herein contained or implied bear the cost of:
8.1.1. Any major structural repairs which may from time to time be required to the Premises; and
8.1.2. Any repairs which may from time to time be required to the roofs of the dwelling and out-building(s).
8.2. May, at any time have reasonable access to the Premises for the purpose of inspecting the Premises or for showing prospective tenants the Premises or for any other reasonable purpose, repair or add to the Premises, alter the Premises when required to do so by any lawful authority, provided that the Landlord shall exercise its rights in terms thereof with the least possible inconvenience to the Tenant.
8.3. May affix and exhibit on the Premises a “to let” notice for a period of 2 months prior to the termination of this lease.
8.4. May take steps to disconnect electricity and/or water supply if the payment for consumption is not made to the Landlord by the first day of the month.
9. TENANT’S RIGHT TO CANCEL FIXED TERM LEASE AGREEMENT
9.1. The Tenant may terminate this Lease Agreement before the expiry of the Agreement by providing a minimum 20 business days written notice to the Landlord. Please note, 20 business days equates to about a month's notice.
9.2. If the Tenant terminates the Agreement, then the Tenant will be liable to pay all amounts due by the Tenant in terms of the Agreement up to the effective date of cancellation, plus a cancellation penalty of 3 month’s rental, prior to termination. Such penalty shall be held by the Landlord pending the re-letting of the Premises, whereupon the prorata share of the penalty shall be refunded to the Tenant based on the occupation date of the new Tenant, provided the Premises was re-let within the 3-month period. The Tenant shall also forfeit their deposit and be liable for all costs associated with finding a new Tenant, including Agent fees and advertising costs.
10. DESTRUCTION
In the event of the total or partial destruction of the Premises or any portion thereof, by fire, flood, storms, any act of God or by the enemies of the State or by riot or insurrection, the Landlord shall be entitled to terminate this Lease failing which it shall continue, but the Tenant shall be entitled, during the period that the Premises shall be deemed unfit for occupation, to a proportionate abatement of the rent. In such event the Tenant shall have no claim for compensation from the Landlord.
However, should the destruction be due to the default or negligence of the Tenant, or his family, or persons occupying the Premises as guests of the Tenant, then the Landlord shall be entitled to claim payment for any such damages in full from the Tenant.
11. BREACH OF LEASE
11.1. The Landlord shall have the right to cancel this Lease forthwith and to re-enter and take possession of the premises, without prejudice to any claim which the Landlord may have against the Tenant for the rent already due, or damages for breach of contract, or otherwise, in the following circumstances:
11.1.1. Failure to pay the rent or any amount due by the Tenant in terms of this Lease on due date and fail to remedy that breach within a period of 7 (seven) days after notice of receipt to that effect by the Landlord; or to
11.1.2. Commit any other breach of any terms of this Lease in such manner as to justify the Landlord in holding that the Tenant’s conduct is inconsistent with the intention or ability of the Tenant to carry out or abide by the terms of this Lease; or if
11.1.3. The Tenant should become insolvent.
11.2. Should the Landlord institute action against the Tenant pursuant to a breach by the Tenant of this Lease, then without prejudice to any other rights which the Landlord may have, the Landlord shall be entitled to recover from the Tenant all legal costs incurred by it, including Attorney and client charges, tracing fees and such collection commission as the Landlord is obliged to pay to its Attorneys.
11.3. Should the Landlord cancel this Lease and the Tenant dispute the Landlord’s rights to do so and remain in occupation of the Premises pending the determination of that dispute, then the Tenant shall continue to pay, on due date, the rent and all amounts due by the Tenant in terms of this Lease.
11.4. The Landlord shall be entitled to recover and accept those payments and the acceptance by the Landlord of those payments shall be without prejudice to and shall not in any manner whatever affect the Landlord’s claim to cancellation of this Lease.
11.5. Should the dispute be determined in favour of the Landlord then the payments made to the Landlord shall be regarded as damages paid by the Tenant on account of the loss sustained by the Landlord as a result of the holding over by the Tenant of the Premises.
11.6. Without prejudice to all or any of the Landlord’s rights granted hereunder, should the Tenant fail to pay the said monthly rental or any other sum(s) which may become due by the Tenant to the Landlord on due date, then in either or both of such events the Tenant shall pay the Landlord interest at the rate of 2.0% (two percent) per month, or part thereof.
12. NO VARIATIONS
12.1. No variation of this Agreement shall be of force or effect unless it is in writing and is signed by both the Landlord and the Tenant.
12.2. No act of relaxation on the part of the Landlord is regard to carrying out any of the Tenant’s obligations in terms of this Lease shall prejudice or be deemed to be a waiver of any of the Landlord’s rights in terms hereof.
13. ELECTRONIC SIGNATURE
13.1. The Parties acknowledge and agree that this Agreement may be executed by electronic signature which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.
13.2. The Parties further consent and agree to the use of such electronic signatures with respect to this Agreement pursuant to the Electronic Communications and Transactions Act 25 of 2002 as amended from time to time.
THUS DONE AND AGREED TO BY BOTH PARTIES
SCHEDULE 1
1. THE LANDLORD
Full names:
Bitprop SA (Pty) Ltd
2. THE TENANT
Full names: {tenantFullName}
Identity number: {tenantIdNumber}
Contact number: {tenantContactNumber}
E-mail address: {tenantEmailAddress}
3. Property description:
{Flat}, {address}
Number of Bed Rooms: 1
Prepaid Water
Built-in Cupboards
Kitchen Counter
DSTV Connection
En-Suite Bathroom
Prepaid Electricity
Shower
("the Property")
4. Start Date of Occupation:
{startDate}
SCHEDULE 2 - House Rules
Number of Adults Per Room: 2
Number of Children Per Room: 2
No pets allowed
-- End of Contract --