Lease Agreement: Entered Into by and Between EBRAHIM MOHAMED
Lease Agreement: Entered Into by and Between EBRAHIM MOHAMED
Lease Agreement: Entered Into by and Between EBRAHIM MOHAMED
EBRAHIM MOHAMED______________________________________________
and
ZIAD SUTTON______________________________________________________
1. DEFINITIONS
1.1 “Agreement” refers to this Lease Agreement entered into between the Landlord and the Tenant;
1.2 “Business Day” refers to any day other that Saturday, Sunday or Public Holidays;
1.3 “Leased Property” refers to the property situated at 431 LARK CRESCENT RABIE RIDGE MIDRAND 1685.
1.4 “Landlord” refers to the owner of the property or any agent or party authorized by the Landlord to act on its
behalf;
1.5 “Lease amount” refers to the monthly rental amount payable by the Tenant to the Landlord, on the agreed date;
1.6 “Party” refers to either the Landlord or the Tenant and “Parties” refers to either one of the Parties;
1.7 “Tenant” refers to the Party who is leasing the Property from the Landlord, as fully described in this Agreement;
1.8 “Signature Date” refers to the date of signature of this Agreement by the last Party signing herein.
2.1This lease shall commence on 15 September 2017 (“the commencement date”) and shall endure until such time both
parties hand in 3 months’ notice (“the initial period”).
2.2*Notwithstanding 2.1, this lease shall not terminate after the initial period but shall continue to endure thereafter
on a month to month basis, subject to the right of either party to terminate the lease on one calendar
month’s notice in writing to the other party.
LEASE AGREEMENT
3. RENT
3.1The monthly rental payable by the Tenant to the Landlord shall be an amount of
R 6000 ( Six thousand Rand ) per month.
3.2The monthly rental referred to in 3.1 is inclusive of Value Added Tax (if applicable).
4. DEPOSIT
4.1The Tenant shall, on date of its signature hereof, pay to the Landlord an amount of R 6000 ( Six
thousand Rand ) by way of a deposit (if applicable).
4.2The deposit shall be retained by the Landlord in an interest bearing account as security for the due
fulfillment of the Tenant’s obligations to the Landlord in terms of this lease.
4.3The deposit shall be refunded to the Tenant, less any amount, which shall be deducted by the Landlord
in accordance with the provisions of clause 5.3 below, upon the expiry or other termination of this
lease, within fourteen (14) days of the Tenant delivering possession of the premises to the Landlord.
4.4In an event whereby the tenant breaches the contract in terms of provision clause 9 below, the Landlord
will not refund the deposit back to the Tenant.
5. TENANT’S OBLIGATIONS
5.1The Tenant shall utilize the premises only for residential purposes.
5.2 The Tenant shall not utilize the premises improperly not in a manner calculated or likely to cause
damage to the premises or to constitute a nuisance to, or an interference with, the use and
enjoyment of neighboring premises or properties.
5.3 The Tenant shall comply strictly with, and shall not permit the contravention of:
5.3.2 the provisions of any conduct rule, house rule or the constitution of any homeowner’s
association as may be applicable to the premises, or to the use or occupation thereof.
5.4 Should there not be any conduct rule, house rule, constitution or law applicable to the premises that
limits the number of persons that may occupy the premises, then it is agreed that the premises may
be occupied by no more than _____
person(s).
5.5 The Tenant shall be obliged to promptly look after and to maintain both the interior and exterior of
the premises in good order and condition and to make good all damage thereto and to return the
premises to the Landlord on the expiry or other termination of the lease, in good order and condition,
fair wear and tear excepted.
LEASE AGREEMENT
5.6.1 inspect the premises jointly with the Landlord prior to taking occupation thereof;
5.6.2 notify the Landlord of any defects in the premises within fourteen (14) days of the
commencement date, failing which the premises shall be deemed to have been in good
order and condition as at the commencement date.
5.7 The Tenant shall not, without the Landlord’s prior written consent, make any alterations,
improvements or additions to the premises. Any alterations, improvements or additions made to the
premises shall become the property of the Landlord and may not be removed from the premises
upon the expiry or termination of the lease or at any other time, unless the Landlord so directs in
writing, in which event the Tenant shall attend thereto at its cost. The Landlord shall not be obliged
to pay any compensation to the Tenant for any alterations, improvements or additions made by the
Tenant to the premises.
5.8 The Tenant shall not do or permit to be done, any act or thing which might result in, or constitute a
breach of, any insurance policy over the premises, or in the increase of the insurance premiums
payable in respect thereof.
5.9 The Tenant shall for the duration of this lease, insure the contents of the premises, with a reputable
insurer, for their full replacement value.
5.10 The Tenant shall not affix, any sign, advertisement or notice to the premises without the Landlord’s
prior written consent.
5.11 The Tenant shall be obliged to inspect the premises jointly with the Landlord within a period of three
(3) days prior to the expiry of the lease.
6. LANDLORD’S RIGHTS
6.1The Landlord, and/or any person authorized by him to do so, shall be entitled to enter and to inspect the
premises at any reasonable time, on reasonable notice to the Tenant.
6.2The Landlord shall be entitled to display a “To Let” sign on the premises from two months before the
expiry of the initial period.
6.3The Landlord shall be entitled to display a “For Sale” sign on the premises at any time.
6.4The Landlord shall be entitled to terminate this lease in the event of the premises being sold.
7. INDEMNITY
The Landlord shall not be responsible for, and the Tenant indemnifies the Landlord against all claims arising
from the following :
LEASE AGREEMENT
7.3Any unsuitability of the premises for the purposes for which they are let;
8. SUBLETTING
The Tenant shall not cede, nor transfer, nor assign, the lease, nor sublet the premises or any part thereof,
nor part with possession of nor permit any other person to occupy the premises, without the Landlord’s prior
written consent.
9. BREACH
9.1 The Landlord shall be entitled, without prejudice to its other or accrued rights, to cancel this lease
forthwith in the event that:
9.1.1 The Tenant fails to pay the rental or any other amount due in terms of this lease on due
date;
9.1.2 The Tenant breaches any of the other terms or conditions hereof, all of which are material,
and fails to remedy same within seven (7) days from date of receipt of written notice calling
upon it to rectify such breach;
9.2 In the event of this lease expiring or otherwise terminating and in the event of the Tenant failing to
vacate the premises and to redeliver possession thereof to the Landlord thereupon, the Tenant shall
be obliged, for so long as it remains in occupation, to continue to pay to the Landlord an amount
equivalent to the rentals and other charges as would have been payable by the Tenant to the
Landlord had the lease remained in existence, which amount shall be regarded as damages for
holding over.
LEASE AGREEMENT
9.3 Should the Tenant fail to make payment of any rental or other amount payable to the Landlord in
terms of this lease on due date, the Landlord shall be entitled, without prejudice to its rights, to
charge interest on such amounts at a rate of 2% above the prime lending rate.
10. DOMICILIUM
10.1 The Parties choose the following addresses as their domicilium et executandi wherein all notices pertaining
to this Agreement shall be served.
10.2 The Parties agree that any notice shall be acceptable as service through hand delivery, e-mail or postal
service.
10.3 In the event that either one of the Parties chooses to change any of its domicilium, same shall be dome by
notifying the other Party and the new address shall not be a post box address.
LANDLORD
Physical address: ____________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
E-mail address:________________________________________________________________
TENANT
Physical address: ____________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
E-mail address:_________________________________________________________________
11. GENERAL
11.1This Agreement constitutes the entire agreement between the parties and no variation, amendment or
cancellation hereof shall be of any force or effect unless reduced to writing and signed by all parties.
11.2Any latitude, relaxation, indulgence or extension of time which may be allowed by the Landlord in
respect of any matter or thing that the Tenant is bound to perform or observe in terms of this lease,
shall not under any circumstances be deemed to be a waiver of the Landlord’s rights at any time.
The Landlord is entitled, without notice, to require strict and punctual compliance with each and
every provision or term herein.
11.3In this Agreement, words importing the singular shall include the plural and vice versa, words importing
the masculine gender shall include the feminine gender and words importing business shall include
corporate bodies.
11.4The Tenant acknowledges that this Agreement and its consequences have been explained and that it is
fully aware of all of the implications hereof.
LEASE AGREEMENT
11.5The Landlord gives no warranty and makes no representations in regard to the premises nor does the
Landlord warrant that the premises will be fit for any purpose and the Tenant acknowledges having
inspected the premises prior to taking occupation thereof.
11.6In the event that the Landlord takes legal action against the Tenant because of a breach by the Tenant
of its obligations in terms of this lease, the Tenant shall be liable for all legal costs incurred by the
Landlord on the scale as between attorney and client including, without limitation, collection fees,
tracing fees and fees of counsel as on brief.
LEASE AGREEMENT
7
11.7 The Landlord shall, at its election, be entitled to institute action out of any Magistrates’ Court
exercising jurisdiction over the Tenant’s person, notwithstanding that the amount of its claim would
otherwise have exceeded the jurisdiction of the court.
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
AS WITNESSES:
1. _____________________ ______________________________________
TENANT
2. _____________________
______________________________________
FULL NAMES AND SURNAME
AS WITNESSES:
1. _____________________ ______________________________________
FOR AND ON BEHALF OF LANDLORD
2. _____________________ ____________________________________
FULL NAMES AND SURNAME