Example Lease Agreement Template
Date:
Parties Involved:
- Landlord Name:
- Tenant Name:
This Lease Agreement (the "Agreement") is made and entered into on the above date by and between the parties listed. The agreement stipulates the terms under which the Tenant rents the premises located at [Property Address] from the Landlord.
1. Definitions
For the purposes of this Agreement:
- "Landlord" refers to the property owner or authorized agent.
- "Tenant" refers to the individual leasing the property.
- "Premises" refers to the rental property located at [Property Address].
2. Lease Term
The term of this lease shall begin on [Start Date] and end on [End Date], unless earlier terminated according to the provisions of this Agreement. A renewal option may be negotiated no later than [X] days before the expiration of the lease.
3. Rent and Deposit
- Monthly Rent: R [Amount]
- Deposit: R [Amount]
Rent is payable on or before the [Day] of each month. Payments shall be made by bank transfer to the following account: [Bank Details].
The deposit is to be used as outlined under the Rental Housing Act 50 of 1999 and may cover any unpaid rent or damages beyond normal wear and tear.
4. Maintenance and Repairs
The Tenant is responsible for keeping the property in good condition and reporting any necessary repairs promptly to the Landlord. The Landlord will ensure that all necessary repairs, not caused by the Tenant's negligence, are completed promptly.
5. Prohibited Activities
The Tenant agrees not to use the property for any illegal purposes and to comply with South African laws and regulations.
6. Cannabis and Drug Use Clause
- Cannabis Use: The Tenant acknowledges that the private use and cultivation of cannabis in South Africa is decriminalized as per the 2018 Constitutional Court Ruling. However, this Agreement prohibits the following:
- Smoking cannabis indoors within the premises.
- Modifying the property in any way to cultivate cannabis (e.g., installation of grow lights or irrigation systems) without prior written consent from the Landlord.
- Smoking cannabis in shared areas or where body corporate rules prohibit such activity.
- Other Drug Use: Under the Drugs and Drug Trafficking Act 140 of 1992, the Tenant is strictly prohibited from possessing, using, or distributing illegal drugs (e.g., cocaine, heroin, methamphetamine) on the premises.
- If the Landlord suspects illegal drug use or drug-related activity, the Landlord will report the activity to law enforcement.
- Any confirmed illegal drug activity is grounds for immediate eviction, in compliance with the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act) 19 of 1998.
7. Disturbance Clauses
The Tenant shall not cause any disturbances, including excessive noise, that affect the peace and comfort of neighboring tenants or property owners. Complaints by neighbors about excessive noise or cannabis use in shared areas may result in written warnings, fines, or eviction proceedings.
8. Right to Inspect
The Landlord reserves the right to inspect the premises with reasonable notice (minimum of 24 hours) to the Tenant to ensure compliance with the terms of this Agreement and to check for any illegal activities. Inspections will respect the Tenant's privacy but will focus on property condition and compliance with the lease.
9. Sub-Letting
The Tenant is not permitted to sub-let the property or any part thereof without prior written consent from the Landlord.
10. Breach of Contract
If the Tenant violates any clause in this Agreement, including those related to cannabis and drug use, the Landlord may issue a formal notice as per the Consumer Protection Act (CPA) 68 of 2008, giving the Tenant 20 business days to remedy the breach. Failure to comply may result in termination of this Agreement and legal eviction proceedings in accordance with the PIE Act.
11. Termination and Eviction
If this Agreement is terminated due to a breach of contract or illegal activity, the Landlord will follow the legal eviction process as stipulated under South African law, ensuring the rights of both parties are respected.
12. Signatures
Landlord: ___________________________ Date: _______________
Tenant: ___________________________ Date: _______________
Witness 1: ___________________________ Date: _______________
Witness 2: ___________________________ Date: _______________
Disclaimer: This lease agreement is for example purposes only and should be reviewed by a legal professional or relevant authority to ensure compliance before being used.
