Residential lease agreement

This is residential lease agreement template that allows a landlord to let a furnished or part-furnished house to one or more tenants on a joint and several liability basis.

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About this lease

This is a long form version of a lease, drawn to give the landlord maximum control over the terms of the lease. It is written in plain English, with full provisions including guarantor and a choice of over 30 covenants that control how the tenant must maintain the property.

The law in this lease

There are many lease agreements on the Internet, varying in price and quality. Most are short form, around 500 words (a quarter of the size of this one), and cover only the basic terms to create a lease. Residential lease agreements are generally governed by the provisions of the Rental Housing Act 50 of 1999, and Consumer Protection Act 2008 also apply to lease agreement. A landlord and tenant may agree to additional terms. As a landlord, you will know that the purpose of an agreement is to protect you against whatever might go wrong. The more comprehensive lease agreement is, the more it defines rights in this agreement, favouring you as a landlord) and leaves less room for subjective interpretation by your tenant or a judge.

When to use this lease agreement

This agreement should be used by a landlord wishing to rent one or more houses under the following circumstances. It is ideal for buy-to-let, and can be reused for multiple properties.

This agreement requires that:

  • The tenant(s) is a private individual and not a company
  • The whole space will be let to one or more tenants under a single agreement
  • The property will be used for residential purposes only (not business or agriculture)

This lease agreement holds the tenants jointly and severally liable for the lease(all tenants are jointly responsible for payment of rent and not individual shares).

Features and contents of this tenancy agreement

  • Basic provisions
  • Agent: should the landlord wish to appoint someone to act on his behalf
  • Rent: by default paid monthly in advance, but the terms can be changed
  • Deposit by tenant
  • Forfeiture
  • Interest
  • Insurance
  • Repairs
  • Landlord's choice of more than 30 tenant's “promises” setting out what tenant can and cannot do
  • Landlord's access: to view or show prospective lenders or buyers
  • Services of notices on the Tenant
  • Services of notices on the Landlord
  • Other legal provisions to protect your interests
  • An inventory (provided in the document, with explanatory notes on how to use)
  • Includes sensible, practical provisions
  • List of defects
Draftsman

This document was written by a solicitor for Net Lawman. It complies with current South Africa law.

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