Cottage 5 Rental Agreement 26 Aug 2023
Cottage 5 Rental Agreement 26 Aug 2023
Cottage 5 Rental Agreement 26 Aug 2023
LEASE AGREEMENT
BETWEEN
Aubrey Viljoen &
Salam Alamirdache
“The landlord”
AND
DETAILS OF PREMISES
PROPERTY DESCRIPTION 2 Bedroom, 1 Bathroom, kitchen with spacious garden.
1 Carport,
SITUATED AT Portion 211 of the Farm 298 JR, Kameeldrift
(Street Address) East
Erf no
TENANT COSTS
CONTRACT FEES Nil
ADMINISTRATION FEE Nil
INSPECTION FEE Nil
Municipal deposit Nil
DEPOSIT (GENERAL) R 5000
CREDIT CHECK AND FICA FEES Nil
RENTAL + sewerage, refuse removal, R 6 500 + R 160 = R 6 660
water and security levy pm
TOTAL R 11 660
NOTE:
Electricity Prepaid meter installed
NOTE:
Water Prepaid meter installed
Initial
Rental
1.1.2 this “Agreement” shall mean this Lease between the Landlord and Tenant together with its annexures;
1.1.3 the “Initial Period” shall mean the period of the Lease as described in clause 31.1
1.1.4 “the Premises” shall mean Cottage no 5, Portion 211 of the Farm 298 JR, Kameeldrift East, Pretoria 0034
1.1.5 “the Landlord” shall mean Aubrey Viljoen & Salam Alamirdache
1.1.6 “the Agent” shall mean Aubrey Viljoen & Salam Alamirdache
1.1.7 “the Tenant” shall mean Wayne Vorster & Lorraine Wiggins
1.1.8 “Business Day” shall mean any day of the week, excluding Sundays and public holidays;
1.1.10 “the rent” shall mean the rental that must be paid by the Tenant to the Landlord for renting the Premises;
1.1.11 “deposit” shall mean the amount/s the Tenant must pay to the Landlord before the Tenant moves into the Premises;
1.1.12 “Date of Signature” shall mean the date on which this Lease is signed by the last party to do so;
1.1.13 “Body Corporate” refers to the body corporate or home owners association applicable to the Premises;;
1.1.14 Any reference to one gender includes the other gender and any reference to the singular includes the plural and
vice versa.
2. THE LEASE
2.1 The Landlord hereby Leases to the Tenant the Premises, and the Tenant hires the Premises from the Landlord
on the terms of this Lease.
3. DEPOSIT
3.1 The Tenant when signing this Lease will pay a deposit. This deposit is there to allow the Landlord to fix up the
Premises if there are any damages, to pay the Landlord any rental that was not paid by the Tenant during the
Lease Period, to pay for any electricity, water and charges as referred to in clause 5, and to replace lost keys
when the Tenant leaves the Premises at the end of the Lease, or any time before. This deposit amount is
R 5000 (IN NUMBERS) Five thousand rand (IN WORDS).
Initial
Rental Contract Cottage 5
SECTION A
3.2 The Agent is aware at all times that this deposit belongs to the Tenant and is only allowed to be removed from
such account when entitled to do so or when instructed to do so by the Landlord.
3.3 If there is any increase in the rental that the Tenant must pay, the Tenant must pay extra towards the deposit so
that the deposit is equal to one month/s of the new rental amount.
4.1 The Tenant’s rental to be paid to the Landlord in an amount of R 6 500 + 160 = 6 660 - (IN NUMBERS)
Six thousand six hundred rand and sixty rand - (IN WORDS)
must have cleared in the Landlord/ Agent’s bank account on or before the first day of every consecutive month.
4.2 The Tenant is not allowed to pay a lower amount of rent for any reason whatsoever.
4.3 If the Tenant pays the rent in cash and there are bank charges, the Tenant will have to pay those bank charges.
4.4 The Tenant must make sure that the Landlord knows the rental payment has been made.
4.5 The rent that the Tenant is paying will increase by 7% one year after the date the Lease started, and thereafter a
7% increase every year.
5.1 The Tenant will have to pay the all-Prepaid water and electricity as used on a monthly basis. -
5.1.2 1 X Full 19 kg gas bottle is supplied at the start of the rental contact and a full 19 kg gas bottle must be provided at
the end of the rental contract.
5.2 To allow the Landlord to know what is owed to the municipality or external water and electricity provider, the Tenant
agrees that the Landlord may obtain a printout of the Tenant’s prepaid account.
5.3 The levies or rates and taxes on the Premises might increase during the lease period, if there is an increase then
the Landlord may increase the monthly rental equal to the increase in the levies or rates and taxes.
5.4 In cases where the municipal services are on the landlord’s name, the landlord will only settle the account if
the tenant’s rent and municipal charges is paid up to date. The landlord will not be held liable for any
disconnections by the municipality due to an arrears account with the landlord.
Initial
Rental Contract Cottage 5
SECTION A
6.1 The Tenant and the Landlord or Agent will get together and inspect the Premises before the Tenant moves in to
see if there are any damages. If the inspection can’t be done before the tenant moves in then the inspection
must occur within one week after the tenant moved in.
6.2 A list of those damages, if any will be written down on paper and signed by both the Lessee and the Landlord or
the agent’s maintenance manager.
6.3 When the Lease ends, the Landlord or Agent and the Tenant shall get together and inspect the Premises to see
if there were any damages caused to the Premises or furniture (if the Premises contained the landlord’s furniture)
while the Tenant stayed there.
6.4 If the Tenant does not come to the inspection even when asked by the Landlord, the Landlord will inspect the
Premises without the Tenant to see if there were any damages and then the Landlord will be allowed to take off
any money from the Tenant’s deposit and pay the Tenant whatever is left. This will be done between 14
(fourteen) and 21 (twenty one) days after the Landlord has done this inspection or after the damages are
repaired.
7. USE OF PREMISES
7.1 The Tenant will only use the Premises to live, not work.
8.1.1 look after the Premises (garden, pool, equipment, gates and any and all other items) and ensure that all is in
good order and condition and regularly clean the floor coverings and tiles;
8.1.2 when the Lease ends because of the Tenant leaving, or the Landlord ending the Lease, the interior must be left
cleaned or cleaned by a professional cleaning company at his/her own cost. If the Landlord is not happy with
the cleaning, the Landlord may take off the cost of cleaning from the Tenant’s deposit to pay for it to be done by
somebody else;
8.1.4 not leave or allow dirt, leaves and other debris to pile up in the property or the house gutters, roof, valleys or
garden and pool or not to be put in rubbish bins;
8.1.5 not interfere with the electrical, plumbing or gas system that is there for the Premises unless the Tenant needs
to do certain maintenance as allowed in terms of this Lease;
8.1.6 take all possible reasonable steps to stop blockages and obstruction in the drains, sewage pipes and water pipes,
gutters, valleys and roof in/on the Premises;
8.1.7 not use any gadgets or tools or keep liquids which may explode and which may cause the insurance policy of
the Landlord in place to be questioned by the Landlord’s insurers;
8.1.8 sort out any and all infestations be it insects or animals e.g. ants, wasps, bees, moths, flees, rats, etc.
8.2.1 act against or allow the breaching of any law or “House Rules” which affects the Premises;
8.2.2 make any structural changes 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 or paint the interior or exterior of the Premises without
the Landlord saying the Tenant is allowed to do so in writing;
8.2.3 keep pets on the Premises without the Landlord saying the Tenant is allowed to do so in writing;
8.2.4 do anything which may potentially cause damage to the Premises or which may be potentially harmful to neighbors;
Initial
Rental Contract Cottage 5
SECTION A
8.2.5 hang or place any signs, notices or advertisements anywhere on the Premises without the Landlord saying the
Tenant is allowed to do so in writing;
8.2.6 hold back on any payment owed to the Landlord for any reason whatsoever;
8.2.7 tell the Landlord that the deposit that the Landlord has is to be used for the rental for the last month of the Lease;
8.2.8 whilst the Lease is in place, be allowed to remove any of his furniture, TV etc. as this is property that can be sold
by the Sheriff of the court, in terms of the law, if the Tenant does not pay his rental. If any of the furniture on the
premises is not owned by the lessee, the lessee must notify the landlord in writing before or during the period of
the lease.
8.2.9 when the Lease ends or is ended by the Landlord or the tenant, hold onto the keys. The Tenant shall give
the keys back to the Landlord, at the agent’s offices, by latest 12pm on the day that the Lease ends.
8.2.10 permit or allow any persons over the age of 17 years other than those persons referred to in section 1.1.7
above to occupy the premises or to reside therein.
8.2.11 smoke inside the house/unit. If the tenant did smoke inside the house/unit then the tenant will be responsible
to get the smell completely out of the house/unit. This will include, washing all the walls and ceilings and
doors or even repainting of the unit/house in severe cases. If washing did not remove the smell, then
repainting will have to be done on the tenant’s account.
8.3 The Tenant shall be responsible to look after the Premises and return the Premises at the end of this Lease in
the same good order and condition as received when the Lease began, except for fair wear and tear. Fair wear
and tear mean damage or loss to an item at the property which happens as a result of ordinary use and
exposure over time.
9.1 The Tenant agrees that he/she will read and understand the House rules and further agrees that the terms of the
Body Corporate are an essential part of the Lease. In this regard, the Tenant agrees that any breaching of the
House rules is considered by the Landlord to be a breach of the terms of this Lease and the Lease can be
cancelled on that basis as well as any penalties that the Tenant may cause the Landlord by his/her actions herein
is allowed to be deducted from the deposit that the Landlord holds on the Tenant’s behalf. A copy of the rules is
attached hereto.
10 LEASING TO SOMEONE ELSE, ALLOWING SOMEONE ELSE TO STAY WITH YOU, INSTEAD OF YOU
10.1 The Tenant is not allowed to have anyone else stay with him or instead of him unless the Landlord has allowed
him to do so in writing and which the Landlord cannot unfairly refuse. The Premises may be occupied by no more
than 2 Adults & 2 Children.
11.1 In the event the Tenant does not do repair work which he is supposed to, the Landlord is allowed to do the work
and send the Tenant the bill for payment.
11.2 If there is work to be done to the Premises, which is not the Tenant’s fault; the Tenant must inform the Landlord
by email at least within two weeks of finding out that work needs to be done. If the Tenant does not do so, the
Tenant will be forced to have the work done at the Tenant’s own cost.
11.3 In the event that repairs to the property are required and it becomes apparent that the fault/s we’re caused by
the tenant, the tenant will be responsible for the account thereof. For example, an electrician is called out to fix
the power tripping all the time and it’s then discovered that it is caused by the tenants’ appliance.
Initial
Rental Contract Cottage 5
11.4.1 The Lessee’s maintenance obligations in terms of this clause shall include but not be limited to:
11.4.1.1 the replacement, or repair where necessary, of all fluorescent and incandescent bulbs, starters,
globes, ballasts, locks, electrical switches, sockets, and any additional electrical appliances or
installations used and contained on the premises;
11.4.1.2 the replacement or repair of any damaged or broken glass or mirrors, however such damage or
breakage was caused;
11.4.1.3 the repair of any leaking taps and toilets.
11.4.1.4 No money may be deducted from the rental for any cleaning, maintenance, repairs or replacements
to the premises.
11.4.2 If the tenant chooses to hire a contractor on their own accord and without the consent of the landlord, the
tenant may under no circumstances expect the landlord to pay for the contractor’s work.
a. If the Landlord tells the Tenant that he needs to enter the Premises to check them and gives enough time to the
Tenant to make arrangements to allow this to happen, the Tenant must allow the Landlord to do so.
b. The Landlord, Agent or their workman are allowed to enter the area outside the property for
example the garden, at any time without giving notice in order to do repairs, maintenance and
inspections.
13 NUISANCE
a. The Tenant must behave properly and not disturb neighbors or cause damages to anyone else’s Premises or
property.
Initial
Rental Contract Cottage 5
SECTION A
14 RIGHT TO PUT TO LET AND FOR SALE SIGNS ON/ ALONGSIDE THE PREMISES
a. The Landlord or agent is allowed to put “TO LET” and/or “FOR SALE” notices on the Premises for 60 days
before the Lease ends and the Tenant will allow the Landlord the right to show people whom might want to rent
or buy the property. The Tenant is allowed to receive at least 24 hours warning by the Landlord before this
happens. Also, once the marketing of the property has begun the tenant must allow access to the property
within 48 hours after being notified of a request to visit the property by the potential tenant, agent contractor or
landlord.
b. The Tenant also will allow the Landlord or any Agent that the Landlord has hired, to allow the Premises to be
shown to people. The Tenant specifically agrees to allow the Landlord, Agent or potential tenant the right to
contact the Tenant for such appointments
c. The tenant can be expected to show the property to new aspiring tenants without the presence of the rental
agent.
15 ADDRESSES WHERE TENANT AND LANDLORD WILL RECEIVE LETTERS AND NOTICES
a. The Landlord chooses PostNet Suite 099, Private Bag X 504, Sinoville, 0129
as the address where he will receive all letters and notices.
i. The Tenant chooses Cottage no 5, Portion 211 of the Farm 298 JR, Kameeldrift East, Pretoria, 0034
as the address where he will receive all letters and notices.
ii. Any letters or notices that either the Landlord or Tenant sends by registered post to the other person shall be
considered received 4 (four) days after the date of posting.
b. Letters or Notices delivered to the Premises by hand or email address on the following details below, shall
be considered received on the date of delivery or transmission.
16 COSTS
a. If either the Landlord or the Tenant has to take legal action against each other, each of them will be entitled to
claim costs from the other on the exact same scale of costs, whatever it might be.
b. The Tenant will also need to pay any reasonable charges that may come about because of the late payment of
rentals on behalf of the Agent, or any other terms which the Tenant do not comply with.
17 CANCELLATION
a. When the Lease ends, and the Tenant simply stays on at the Premises, the Landlord or the Tenant is allowed to
tell the other that they want the Lease to end by sending an email notice or delivering a notice letter in person
one calendar month before he wants the Lease to end. When notice is given by one party it is that parties’
responsibility to get written confirmation thereof from the other party within 48 hours.
b. If the tenant plans to move out on the end of the lease period the tenant must still give one calendar months’
notice.
a. If the Landlord and the Tenant are unable to sort out any differences in the Lease, the Landlord is allowed to have
his issues dealt with by an independent person.
19 RELAXATION OR INDULGENCES
a. If the Landlord does not choose to act against the Tenant, even if the Tenant does not follow the Lease, it does
not mean that the Landlord cannot demand that the Tenant complies with the Lease at any time thereafter.
20 SURETYSHIP
a. If the Tenant is a body corporate, partnership/association, company, corporation or trust, the Lease will not be
valid unless the directors, members or trustees of the Tenant commit themselves in writing on behalf of the Tenant
to the satisfaction of the Landlord.
Rental Contract Cottage 5
SECTION A
21 GENERAL
a. No changes to the Lease will be valid unless the Landlord and Tenant agree in writing and sign that/those change/s.
b. The Landlord and Tenant agree that the Lease contains all the terms that have been agreed to between them.
c. This agreement will only be active once all cost associated with the agreement has been paid and all the parties
has signed in full.
If the Tenant is an illegal foreigner as described in terms of The Immigration Act 13 of 2002, (“The Immigration
Act”) he warrants that he has a valid residence permit (“permit”) which was granted in terms of The Immigration
Act and which is valid for the period of the Lease (including any Renewal Periods). The duty to show the Landlord
his permit is the Tenant’s responsibility alone.
If a person is signing this Lease on behalf of another, the person doing so is confirming that they have the right
to do so and, by such signature is agreeing, together with the person they are representing, to be equally bound
to the terms of this Lease.
The Landlord and Tenant hereby confirm that they have complied with all the terms necessary in terms of the
Matrimonial Property Act 88 of 1984. This means that if any person signing this Lease is married in community
of property, the spouse of that person signing the Lease will be considered to have agreed and given the necessary
permission to the person signing the Lease.
i. the Landlord or the Landlord’s Agent, at all times, to contact, request and obtain information from any credit
provider (or potential credit provider) or registered credit bureau that may be necessary to assess the behavior,
profile, payment patterns, indebtedness, whereabouts, and creditworthiness of the Tenant;
ii. the Landlord or the Landlord’s Agent to furnish information concerning the behavior, profile, payment patterns,
indebtedness, whereabouts, and creditworthiness of the Tenant to any registered credit bureau or to any credit
provider (or potential credit provider) seeking a trade reference regarding the Tenant’s dealings with the
Landlord
This Lease and any annexures that are signed by the Landlord and Tenant on different copies of the same
documents will still be seen as being signed on one copy between the Landlord and Tenant.
If the Landlord and Tenant have agreed that the Tenant is going to be responsible for any electrical installation
(safety, safe use and maintaining) then the Tenant will be responsible for that installation as if he was the
Landlord himself.
Initial
Rental Contract Cottage 5
28 SPECIAL CONDITIONS
a. The Tenant understands and agrees that he has read and understood the Lease, been explained all necessary
clauses by the Landlord or Agent, been advised of all his rights in terms of the Lease and all his rights in terms
of the relevant sections of the Consumer Protection Act, if applicable, and signs this Lease, freely and voluntarily.
b. All maintenance and repairs of Air-conditioning, alarms – and irrigation systems if there is any is for the account
of the tenant, fair wear and tear excluded.
c. Garden beds, paving, trees and shrubs maintenance is for the tenant’s account
d. All improvements the tenant would like to do of a permanent nature must first be approved by the landlord in
writing and will stay the property of the landlord after the termination of rental term.
e. If the tenant falls behind on the rental or utility payments the owner may sublet any portion of the property to help
recover the arears.
SECTION B
a. The Tenant will not be allowed to sue the Landlord or Agent for any loss, damage or injury which the Tenant may
have or experience unless it is because the Landlord or Agent was grossly negligent.
SECTION C
30 LENGTH OF LEASE
This Lease shall be for a period of 12 months and shall start on 1 September 2023 and end on 31 August
2024 Before 12 Noon (the ‘Initial Period’)
Initial
Rental Contract Cottage 5
SECTION C
a. If the Lease is not cancelled by either the Landlord or the Tenant before the Lease ends, a new lease agreement
needs to be negotiated and signed by the Tenant and Landlord.
Provided such notice of termination:
i. May not be given by the lessee or Landlord prior to the end date in 31.1 and is subject to clause 33 and 34 and;
32.2.2 Shall be given only on or before the 1st day of any calendar month.
a. the Landlord shall be entitled, over and above any other rights in law, to immediately cancel this Lease if:
i. Should the tenant be in default of any of his obligations in terms of this lease, and fails to remedy such breach
within 20 days of receipt of a written notice, sent by the Landlord, agent or his attorney, requiring the tenant to
remedy such breach, then the Landlord shall be entitled, without further notice, and without prejudice to any
remedy available to him at law, to cancel the lease, and recover from the tenant damages for the default or
breach and the cancellation of this lease or claim specific performance
ii. in the event of the Tenant being a company, close corporation, trust or partnership, there is a change in membership
of the company, close corporation, trust or partnership without the Landlord being advised of this.
a. The tenant may give notice anytime during this rental agreement. This however has certain conditions and
comes at a cost.
b. The cost to the tenant for giving early terminations is payable to:
i. The landlord – The landlord must be paid for each month the property is standing vacant - but this is capped to
a maximum of two months rental after the calendar month notice.
In the event that the Landlord or Agent by acting diligently, is able to find another suitable Tenant to enter into a
new Lease, which is equal to or longer than the remaining period of the cancelled lease and does so within a
period of time before the next month’s rental would be due and payable, then the Tenant will only have to pay
the cancelation costs in 34.2.1 to the Agent. The tenant hereby give permission that this cost may be deducted
from the deposit and if there is a shortfall to pay in the difference.
Initial
Rental Contract Cottage 5
SECTION D
34 ADDITIONAL COSTS
a. Interest on rental received after the 1st day of the month Prime + 2%
e. Removal of Blacklisting from the credit bureau once the account R215-00
has been settled.
Initial
Rental Contract Cottage 5
SECTION E
36.1 The Landlord and Tenant agree that the Magistrates court where the property is situated is the court that will be
used if a matter regarding this Lease needs to be argued.
36.2 In the event that the Lease is cancelled because a Tenant has breached the Lease, the Tenant will owe the
Landlord:
36.2.1 all rent until a new Tenant is found subject to the conditions
36.2.2 a new and a suitable Tenant which complies with the Landlords criteria in respect of creditworthiness.
SIGNATORIES
LANDLORD LANDLORD
AS WITNESS 1
TENANT(2)