Lease

LEASE AGREEMENT

Between ���������������..(hereafter referred to as the LESSOR)

And ���������������.��(hereafter referred to as the LESSEE)

The LESSOR hereby undertakes to let to the LESSEE, who hereby hires the �Premises�, a room, situated at 30 FRANKLIN Road CLAREMONT., under the following terms and conditions:

PERIOD OF LEASE

The lease shall be on a monthly basis.
The lease shall commence on �����������.and may be cancelled by either party, provided ONE CALENDER MONTH�S notice is given, or such lesser period as may be agreed upon between the parties in writing.

RENTAL

The PREMISES are hired out strictly as SINGLE QUARTERS.
The rental for the PREMISES shall be the sum of (R����)�������������Rands per month. The LESSEE hereby acknowledges that such rental charged to be fair and reasonable.
The said rental is to be paid monthly in advance on or before the 5th (Fifth) day of each and every month without deduction whatsoever to the LESSOR. Failure to do so shall be construed as that the LESSEE
intended for the lease to lapse and that a calendar month�s notice has already been in force for Five days and furthermore that the DEPOSIT has become the FINAL MONTH�s RENT.
The LESSEE shall deposit the rental into a banking account as specified by the LESSOR, and retain such deposit slips as proof of payment.
The LESSEE shall not be entitled to offset any rental due to the LESSOR against the deposit.

TERMINATION OF LEASE

On termination of the lease , the LESSEE shall return all KEYS to the LESSOR.
The premises and the contents thereof shall be deemed not to have been returned until all keys are returned to the LESSOR.
The LESSEE acknowledges that he/she shall be liable to pay rent on a PRO RATA basis until the keys are returned to the LESSOR.

DEPOSIT

The LESSEE shall pay a deposit equal to ONE month�s rent plus a surcharge of R500 (FIVE hundred Rands) to the LESSOR as an EARNEST and such deposit shall be held as surety against any damages caused by the LESSEE in breech of the lease.
The LESSEE shall not under any circumstances be entitled in the FINAL month of tenancy to withhold payment of the rental or any portion thereof in order to OFF SET such payment against any deposit which the LESSEE may have paid in terms of this lease. If such be the case the LESSEE will automatically forfeit the surcharge against the deposit.
The LESSOR�S claim for damages shall not in any way be deemed to be limited to the amount of the deposit.

CONDITION AND MAINTENANCE OF PREMISES

The LESSEE shall be deemed to have inspected the premises and the contents thereof on occupation and to have satisfied himself/herself that everything is in a GOOD and WORKING condition.
The LESSEE also hereby agrees and undertakes to keep and maintain the premises and the contents thereof in GOOD order and in a sanitary and tenantable condition during the currency of the lease.
The LESSEE furthermore undertakes that at the termination of the lease he/she will return and re-deliver the premises and the contents thereof to the LESSOR in like GOOD order and condition.. Should the LESSEE fail to fulfill his/her obligations in terms of this clause, the LESSOR shall be entitled to carry out such maintenance and repairs as may be necessary. In which event the LESSEE shall be liable to reimburse the LESSOR the cost thereof.

LIABLITY FOR DAMAGE

The LESSEE hereby agrees that any damage to the premises caused through neglect or by any other reason whatsoever shall be his/her responsibility and shall be for his/her account.
The LESSEE further agrees that any of his/her own movable property which he/she brings onto the premises whether to store away or to otherwise utilize, that he/she does so entirely at his/her own risk. The LESSEE shall be fully responsible for his/her own property and indemnifies the LESSOR against any claim made due to loss or damage to such property.

ALTERATIONS TO PREMISES

No alterations, additions or improvements may be made by the LESSEE, including the driving in of nails and screws into the walls, ceiling or floors or into any fixtures, furniture or fittings therein, without prior consent of the LESSOR.
Any improvements made by the LESSEE shall become the absolute property of the LESSOR on termination of the lease and the LESSEE shall not be entitled to remove or claim any compensation in place thereof.

INJURY AND DAMAGES

The LESSOR shall not be liable for any loss or damage or any personal injury or death suffered by the LESSEE or his/her family, or his/her invitees or his/her employees on the said premises irrespective of whether such loss or injury or death is caused by fire, storm, civil commotion, theft, robbery, burglary, accident or any other cause whatsoever. The LESSEE hereby accepts responsibility for such events and indemnifies the LESSOR against any claim for any such event sustained as aforesaid.

SUB-LETTING

The LESSEE shall not cede, delegate, surrender or transfer any of the LESSEE�S rights and obligations in the lease nor sub-let the premises or any part thereof, nor during the currency of this lease give up occupation or possession of the premises or any portion thereof for any reason whatsoever, without the written consent of the LESSOR.

FIRE, FLOOD AND EARTHQUAKE

Should a fire, flood or an earthquake or any other cause destroy or substantially destroy the premises, the LESSOR and the LESSEE shall be entitled forthwith to terminate the lease in which event the LESSOR shall refund the LESSEE any rent paid in advance beyond the date of such termination and the LESSEE shall not have any claim for damages in consequence of such deprivation.

NUISANCE

The LESSEE shall not do or permit to be done in or upon the premises or any part thereof any act or thing which constitutes a nuisance to the occupiers of the premises or any adjoining or neighbouring premise or which may result in damage or danger to any such person or to their property or their belongings or cause any noise of such a nature which would in any way disturb the quiet and peaceful occupation of neighbours to the extent that it be unbearable.

USE OF THE PREMISES

The LESSEE shall occupy the premises solely for residential purposes and the LESSEE undertakes not to contravene any law, by-law ,ordinance or regulation applicable to the property. Only the LESSEE may occupy the property on a permanent basis. This excludes all visitors and guests that may stay from time to time.

BREACH

Should the LESSEE fail to pay rental or any other monies due to the LESSOR in terms of this lease on the due date and fail to remedy such breach to the LESSOR or commit any other contravention of any of the conditions of this lease and fail to remedy such breach within 5 (FIVE) days after a written notice to remedy such to the LESSEE by the LESSOR, then in that event and notwithstanding anything to the contrary herein contained, the LESSOR shall be entitled but not obliged in his sole and absolute discretion and without prejudice to any other rights that he may have in law, including the right to claim damages, to cancel this lease forthwith, without notice to the LESSEE and to evict the LESSEE from the premises and to claim any amount due to the LESSOR.
Furthermore the LESSEE shall be liable for all costs on an attorney and client scale, including tracing fees and collection commission, incurred by the LESSOR in recovering possession of the premises or endeavoring to collect all or any amounts payable by the LESSEE to the LESSOR in terms of this lease.

CONCESSIONS

Any relaxation or indulgence which the LESSOR may extend to the LESSEE shall not in any way prejudice the LESSOR�S rights hereunder and in particular any acceptance by the LESSOR of rent or other monies after due date, shall not be construed as a waiver by him or in any way affect any of his rights hereunder.

NOTICE MONTH

The LESSOR reserves the right to advertise the room rented during the period of notice and furthermore
Shall have such reasonable access to the room rented in order to show the said room to any prospective
Tenant during such notice period.

VARIATION OF LEASE

It is recorded that this lease is the whole agreement between the LESSOR and the LESSEE and that there have been no warranties, guarantees or representations by the LESSOR, save as are specifically recorded herein. No alterations, variations and cancellations of this lease shall be of any standing and effect unless in writing and signed by both parties hereto.

DOMICILIUM CITANDI ET EXECUTANDI

The parties hereby choose the premises as their domicilium citandi for the purposes of service of all notices and processes in term of this lease.

DATED AT CLAREMONT ON THIS THE ������..th DAY OF �����������.200…

������������������ ��������������..
(LESSOR) (LESSEE)

8Nov2006