1.1 The headings assigned to the clauses of this Agreement are inserted for reference purposes only and shall in no way govern or affect the contents of the Agreement or the interpretation thereof.
2. AGREEMENT OF LEASE
2.1 The Lessor hereby lets the Premises to the Lessee who hires the Premises on the terms and conditions set out this Agreement.
3. PERIOD OF LEASE
3.1 Unless this lease be otherwise terminated pursuant to the provision hereinafter set out, the lease shall be for the Lease Period.
3.2 Possession and occupation of the Premises, the Contents of the Premises and the Furniture shall be given to the Lessee on the Commencement Date.
4.1 The rental payable shall be as per the Definitions and Interpretation Schedule above.
5. PAYMENT OF RENTAL
5.1 The Lessee shall pay the rental, monthly in advance, to the Lessor on the first (1st) day of each calendar month commencing on the Commencement Date free of exchange without deduction or set-off and in American currency by:
5.1.1 direct deposit into the Lessor’s bank account at --- Bank, --- Branch, Account No. ---, Branch Code --- – please provide student name and room no. as reference.
5.1.2 payment in cash at the office of the Lessor, being the --- floor, --- Street, --- City; or
5.1.3 payment at such other address as the Lessor may from time to time and in writing notify the Lessee.
5.2 The final month’s rental shall be payable on signature of this agreement.
5.3 All other amounts due in terms of this Agreement shall be paid by the first day of the month.
5.4 In addition to any other remedy to which the Lessor may be entitled, all overdue amounts shall bear interest thereon at the rate of 2% above prime due from the date of payment to the actual date of payment.
6.1 In addition to the rental for the Leased Period, the Lessee shall pay the Lessor, upon signature of this agreement, a deposit (as per the Definitions and Interpretation Schedule above) as security for damage to the Premises, Contents of the Premises and/or furniture, loss of keys, or any unrecovered legal costs and interest, as may be due on termination of this Lease. At no time shall the said sum be set off by the Lessee against any amounts payable as rental from time to time in terms of this Agreement.
6.2 The Lessor shall hold the security deposit until the Termination Date. On the Termination Date the Lessor shall inspect the Premises, Contents of the Premises, and the Furniture. Should the Premises and/or any of the Contents of the Premises or Furniture be missing and/or damaged, the Lessor shall, at its discretion, use the security deposit to pay for the cost of repairing and/or replacing all items which may be missing or damaged and the Lessee hereby consents to the Lessor using the monies so held in this bank account. If there is any balance remaining of the security deposit after the costs of repairs and/or replacements have been settled, the Lessor shall refund the balance to the Lessee with 30 (Thirty) days after the Termination Date. Should the security deposit not be sufficient to cover the cost of the repairs and/or replacements, the Lessor shall replace the missing or damaged items and submit a statement to the Lessee for payment by the Lessee directly to the Lessor within 3 (Three) days after receipt of the invoice.
6.3 The Lessee shall not be granted access to the premises until such time as the aforementioned amounts are paid.
7.1 Provided that there is no prepaid electricity meter, the use and consumption by the Lessee of electricity consumed in the Unit/Premises will be charged for. The amount is as per the Definitions and Interpretation Schedule above.
7.2 The Lessor reserves the right to increase the electricity charge should the amount of electricity consumed be greater than this.
8. ELECTRICITY INSTALLATIONS
8.1 The Lessee hereby undertakes in no manner whatsoever to interfere with the present electrical installations in the unit or in the Premises without the consent of the Lessor first and shall not affix or connect electric lamps or heaters other than those designed for use for the electric current supplied to the Unit/Premises. Damage done will be for the Lessee’s account.
9. USE OF PREMISES
9.1 The Premises shall be occupied by not more than 1 or 2 persons at any one time, depending on the size of the room.
9.2 The Lessee shall not cause or permit any disorderly conduct of any nature on or about the Premises and will at all times take all necessary steps to maintain the dignity, orderly and law-abiding behavior of all occupants and visitors.
9.3 The Lessee shall not affix fixtures, fittings and partitions to the interior of the Premises, nor drive or permit to be driven any nails and/or screws into nor shall he apply or allow to be applied any stickers or other similar material to the door, windows or their frames, floor or ceilings.
9.4 The Lessee shall not:
9.4.1 contravene nor permit any contravention of any Statues, Ordinances, Regulations, Proclamations or By-Laws of any Town Planning Scheme or Title Deed conditions applying to the Premises;
9.4.2 make any structural alterations or additions to the Premises;
9.4.3 do anything or bring anything into the Premises which might increase the rate of fire insurance premium payable on the building.
9.4.4 The Lessee shall not keep or allow onto the Premises any animals of any nature without the prior written consent of the Lessor.
10. MAINTENANCE AND INSPECTION
10.1 The Lessee shall return the Premises to the Lessor in a clean, habitable and tidy condition. Should the Lessee require a cleaning service in order to fulfill this obligation, such service can be arranged by the Lessor for the Lessee’s account. Payment for the cleaning service may be paid for out of the refundable security deposit if, at the Lessor’s discretion there are funds available to cover the cost of the cleaning service; alternatively the amount charged by the cleaning service is to be paid by the Lessee to the Lessor before departure.
10.2 The Lessee shall at all times and at his or her own cost maintain, repair and/or renovate the interior of the Premises, the Contents of the Premises and Furniture, in order to return the said property to the Lessor in the same good order and repair as at the Commencement Date.
10.3 Should it be found by the Lessee after taking occupation of the Unit that there are items of the Unit or of the Furniture that are not in good order and condition, then the Lessee shall notify the Lessor of such other items within 7 (Seven) days of the Commencement Date of this lease failing which such items shall be deemed to have been handed over in complete good order and condition.
Should the Lessee fail to comply with the aforegoing conditions, the Lessor may on behalf of the Lessee expend any sum necessary for the maintenance of these items and any amounts so spent shall be payable by the Lessee to the Lessor on demand.
10.4 If at any time during the currency of this lease any item, the Premises, Contents of the Premises and/or Furniture is by any cause other than vis major or causus fortuitous lost, damaged and/or destroyed, the Lessee shall, at his or her own cost cause same to be repaired and/or replaced, or shall pay to the Lessor the value of such item.
10.5 The Lessee shall not remove, or permit to be removed, from the Premises the Contents of the Premises or Furniture and may not leave keys to the premises with any person who is not an occupant.
10.6 The Lessee shall re-deliver the Premises, Contents of the Premises and Furniture to the Lessor in the same good order and repair as at the Commencement Date at the end of the Lease Period.
10.7 The Lessee shall be responsible for any damages to the Building arising from forced entry or attempted forced entry to the Premises.
10.8 The Lessor or its duly authorized agent shall have the right at reasonable times to enter the Premises for inspection and shall have the right at any reasonable time to do work connected with the Premises or services and supplies and shall be entitled to suspend any services and supplies for such purposes provided that such right shall be exercised reasonably. The Lessee shall not be entitled to claim any remission of rental or damages in respect of any inconvenience or damage which may be caused by virtue thereof.
11. DESTRUCTION OF OR DAMAGE TO PREMISES OR BUILDING
11.1 If the Building or any part thereof is at any time destroyed or damaged by fire, wind, explosion or other means not arising for the act, default or neglect of the Lessee in such manner as to deprive the Lessee entirely of the beneficial occupation or use of the Premises, then this Agreement shall terminate with effect from such destruction, the Lessee remaining liable for its obligations in terms of this Agreement up to the date of such termination.
11.2 If the Premises are damaged so as to render them partially untenable, the Lessor shall, within twenty-eight (28) days of the date of such damage, notify the Lessee in writing whether or not it proposes to restore the Premises or to cancel this Agreement. Should the Lessor elect to restore the Premises it shall do so as expeditiously as it reasonably possible under the circumstances. The Lessee shall be entitled to a proportionate remission of rental to the extent that’s beneficial occupation has been lost by it until such time as the Premises have been restored.
12.1 The Lessee shall be obliged to comply with any procedures or rules relating to security.
13. SUB-LETTING AND ASSIGNMENT
13.1 The Lessee shall not sub-let the Premises or any part thereof or cede or assign any of his rights under this Agreement, or permit any other person to occupy any part of the Premises.
14. HOUSE RULES
14.1 The House Rules form an integral part of this Lease Agreement and need to be adhered to by the Lessee at all times.
14.2 The Lessor has imposed House Rules relating to the occupants of the Building which are aimed at protecting the safe and equal enjoyment of the use of the Building and the Premises for all the occupants of the Building.
14.3 The Lessee by his signature hereto agrees to be bound by the House Rules relating to the Building and ensures that the Lessee and his guests at all times obey the House Rules. Failure to comply with the House Rules will constitute a breach of this lease.
14.4 Should the Lessor cancel this lease due to the Lessee’s breach of the House Rules, the Lessee will forfeit any rental paid for the month and the deposit paid.
15. EXCLUSION OF LIABILITY
15.1 The Lessor shall not be liable for any injury or loss or damage of any description which the Lessee and/or occupants, and/or any acquaintance, employee, friend, guest, invitee, relative or visitor may sustain, directly or indirectly, and whether to the person or property, in or about the Premises or any part thereof.
16.1 If the monthly rental or other amounts due in terms of this Agreement are not paid on the due date, or if the Lessee commits any other breach of this Agreement and fails to rectify same within seven (7) days after receipt of written notice calling upon him to do so, the Lessor shall be entitled forthwith and without further notice to the Lessee to cancel this Agreement and obtain immediate possession of the Premises, without prejudice to any claims which the Lessor may have against the Lessee as a result of any breach or cancellation.
16.2 If the Lessor cancels this Agreement and the Lessee remains in occupation of the Premises, the Lessee shall continue to pay an amount equivalent to the monthly rental and such other amounts as are payable in terms of this Agreement in advance on the first day of every month until the Lessee vacates the Premises. Acceptance of these amounts shall not affect the Lessor’s right to cancel this Agreement.
17. NOTICE TO CANCEL
17.1 Notwithstanding anything to the contrary contained in this Agreement, the Lessor shall have the right to cancel the lease, at any time during the Lease Period and for whatever reason, by giving notice in writing to the Lessee at lease 3 (Three) months prior to the date set for such cancellation.
18.1 The Lessee shall be handed prior to the Lease Commencement Date, the keys to the Unit and undertakes that upon termination of this Agreement to return to the Lessor all keys in his or her possession and/or the possession of any other person.
19.1 In the event that legal action is instituted arising out of the terms of this Agreement, both the Lessor and the Lessee consent to the jurisdiction of the Court.
20.1 The Lessee’s guardian/custodian, by placing his or her signature hereto, is hereby bound as surety and co-principal debtor jointly and severally together with the Lessee in favour of the Lessor, its affiliated companies, successors or assigns for the repayment on demand of any sum or sums of money, which the Lessee owes or may owe to the Lessor howsoever arising and the due fulfillment of all obligations of the Lessee in terms of this Agreement.
21.1 The Lessor chooses domicilium citandi et executandi for the purpose of giving any notice, the payment of any sum, the service of any process and for any other purpose arising from this Agreement.
21.2 The Lessee choose domicilium citandi et executandi for the purpose of giving any notice, the payment of any sum, the service of any process and for any other purpose arising from this Agreement as:
22.1 This document constitutes the sole record of this agreement between the parties in respect of the subject matter hereof.
22.2 No addition to, variation, or agreed cancellation of this Agreement shall be of any force or effect unless in writing and signed by or on behalf of the parties.
22.3 No extension of time or indulgence which the Lessor may grant to the Lessee shall constitute a waiver of any of the rights of the Lessor, who shall not thereby be precluded from exercising any rights against the Lessee which may have arisen in the past or which may arise in the future.
22.4 The Lessee shall be responsible for any costs incurred by the Lessor arising out of any breach committed by the Lessee in terms of this Agreement, which costs shall include tracing agent fees, collection commission at the ruling rate and all legal costs as between attorney and client.
22.5 Anything required to be done by the Lessor, or which the Lessor may be entitled to do in terms of this Agreement, may be done by the Lessor through its agents duly authorized for that purpose.
22.6 In the event that the Lessee is a minor at the date of signature hereof, he or she shall be assisted herein by his or her guardian/custodian who, by placing his or her signature hereto, expressly consents to the Lessee’s entering into this Agreement.
22.7 This Agreement is to be governed by the laws of United States, and any legal proceedings instituted pursuant to this agreement are to be issued out of the courts of --- State, United States.
22.8 This agreement is subject to availability & to acceptance, of the Lessee’s application, by the Lessor and is in no way binding until such agreement has been reached.