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Click here to download the Lease Agreement Document in pdf format (37kb).
Refer to our private renter's info links on the left to help you
rent property privately and to protect yourself legally.
Information about filling in a Lease Agreement document
Lease Agreement documents may vary but they all have similar basic terms and conditions. In order to constitute a legally valid offer the document must be filled in with great care. The following requirements must be noted:
- Blank spaces referring to the names of the parties, the rent, etc must be completed correctly for the document to be valid.
- Words such as “To be agreed upon” should not be used to complete a blank space.
- Clear, plain language should be used when completing a blank space or when clauses are added to a preprinted document.
- Amendments to preprinted clauses must be clearly worded and initialed by both parties.
- The Lease Agreement document must be signed by the Lessee and Lessor who must have the intention to be contractually bound.
- As a general rule, each page should be initialed on the bottom right side by both parties to the agreement as a means of stating that they have read and understood the terms of the Agreement. The final page should be fully endorsed by both parties in the place provided at the bottom of the page.
We will work through our copy of the document from page one to page three by referring only to the parts of the document that should be filled in or deleted.
Page 1
Lessor and Lessee
- A minor is an unmarried person who is under the age of 18. A minor is not permitted to personally conclude any contract. Contracts can only be concluded on their behalf by their guardians.
- In South Africa all marriages are in ‘community of property’ unless an ‘ante nuptial’ contract has been entered into making the marriage ‘out of community of property’. In the case of marriages ‘in community of property’ the spouses accept joint liability and should therefore both endorse a contract.
In the case of marriages ‘out of community of property’ each spouse is the sole owner of his or her estate and can conclude contracts independently.
Today in South Africa no marriage is subject to the husband’s marital power, irrespective of when the marriage was concluded.
- A company is bound by a contract entered into by someone on its behalf provided that person has been authorised by the company to conclude the contract. The person authorised to enter into the contract on behalf of the company must sign the contract in a representative capacity, i.e. he must state clearly that he signs ‘for and on behalf of’ the company.
As a general rule any member of a close corporation may conclude a contract on behalf of the close corporation provided such contract is associated with the corporations business. One member could for instance be entitled to enter into contracts of sale or lease on behalf of the corporation.
It is possible to enter into a contract on behalf of a company or close corporation yet to be formed whereby the person acting for the company or close corporation acts as an agent or trustee for the company or close corporation yet to be formed.
A trust is not a legal entity as such and cannot enter into any agreement in its own name. All agreements binding a trust must be concluded by the trustees of the trust acting in their capacity as trustees, or by an agent duly authorized by the trustees of the trust to conclude the agreement in question.
With partnerships the names of the partners must be recorded in the contract and it must state that they are acting as partners. The contract must be signed by all partners or one partner (or third party) duly authorized by the partnership.
The Property
The full street address is required here. In cases where a sectional title property is to be leased, exclusive use areas that the Lessee is entitled to use should also be mentioned such as a parking bay or a carport.
Page 2
Lease Period
The Lease can be for any period of time as mutually agreed to by the Lessee and the Lessor. Usually Lease Agreements are for a six month or one year period after which time the Lessor should have the option to review the monthly rental amount.
Rent
The monthly rental must be mentioned and if this is to include services such as water and lights then this should be mentioned here and section 5a crossed out and initialed by the Lessee and Lessor. An address for payment of rental must be stated or bank account details if the rent is to be deposited directly into the Lessor’s account.
Deposit
The deposit amount is usually equal to the first month’s rental but should normally not exceed two month’s rental.
Number of persons on Property
Be clear here as sometimes a Lessee may take advantage by, for instance, sub-letting when the services are included in the monthly rental amount.
Page 3
Special Conditions
Here you can add a condition or so that has not been included in the document such as stating that the Lessee is to make use of a garden service as part of the contract, for instance.
Final endorsements (full signatures) are required by parties to the agreement and should be witnessed by major person i.e. one who is at least 18 years of age or older.
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