Residential lease agreement template

RESIDENTIAL LEASE AGREEMENT

1. PARTIES
1.1 Landlord: [full name / company], ID or registration number [  ], address [  ], email [  ], phone [  ].
1.2 Tenant: [full name], ID number [  ], email [  ], phone [  ].

2. PROPERTY
2.1 The landlord lets to the tenant the property at [unit number, building, street address, suburb, city, postal code] ("the property"), including [parking bay / storeroom / garden].

3. TERM
3.1 The lease starts on [date] and ends on [date] (a fixed term of [12] months).
3.2 If neither party gives notice and the tenant stays on, the lease continues month to month on the same terms.

4. RENT
4.1 The rent is R[amount] per month, payable in advance on or before the [1st] day of each month.
4.2 Rent is paid by EFT into: [bank, account name, account number, branch code], reference: [unit number / tenant surname].
4.3 Rent increases by [7]% on each anniversary of the start date, unless the parties agree otherwise in writing.
4.4 Rent received after the due date carries interest at [rate] per year on the overdue amount from the due date until paid.

5. DEPOSIT
5.1 The tenant pays a deposit of R[amount] before taking occupation.
5.2 The landlord holds the deposit in an interest-bearing account. Interest accrues to the tenant, and the tenant may ask for written proof of the interest earned.
5.3 At the end of the lease the landlord may use the deposit and interest to pay rent owing and the reasonable cost of repairing damage beyond fair wear and tear, and refunds the balance:
    (a) within 7 days of restoring the property to the tenant if no amounts are owed;
    (b) within 14 days of the property being restored, with receipts, if repair costs are deducted;
    (c) within 21 days of the lease ending if the tenant does not attend the outgoing inspection.

6. INSPECTIONS
6.1 The landlord and tenant inspect the property together before the tenant moves in and record any defects in a signed inspection report.
6.2 The parties inspect the property together within 3 days before the tenant moves out.

7. UTILITIES AND CHARGES
7.1 The tenant pays for [electricity / water / gas / internet] [as metered / at R[amount] per month].
7.2 The landlord pays rates, taxes and [levies].

8. USE OF THE PROPERTY
8.1 The property is used only as a private home for the tenant and [number] occupants listed in this lease.
8.2 The tenant may not sublet, or keep pets, without the landlord's written consent.
8.3 The tenant follows the rules of the [body corporate / estate], which form part of this lease.

9. MAINTENANCE AND REPAIRS
9.1 The landlord keeps the property in a condition fit to live in and repairs structural defects, roof, plumbing and electrical faults not caused by the tenant.
9.2 The tenant keeps the property clean, reports defects promptly in writing, and pays for damage caused by the tenant, occupants or visitors.
9.3 The tenant makes no alterations without the landlord's written consent.

10. LANDLORD'S ACCESS
10.1 The landlord may enter the property at reasonable times, after giving reasonable notice, to inspect, repair or show it to prospective tenants or buyers.

11. ENDING THE LEASE
11.1 Either party may end a month-to-month lease with one calendar month's written notice.
11.2 The tenant may cancel this fixed-term lease early by giving 20 business days' written notice. The landlord may charge a reasonable cancellation penalty.
11.3 If the tenant breaches this lease, the landlord gives written notice to remedy the breach within 20 business days before cancelling.

12. NOTICES
12.1 Notices are given in writing to the email and physical addresses above (domicilium citandi et executandi).

13. GENERAL
13.1 This document is the whole agreement. Changes are valid only in writing and signed by both parties.

SIGNED at [place] on [date]

Landlord: ____________________   Tenant: ____________________
Witness:  ____________________   Witness: ____________________