The Short Term Tenancy Agreement is essential for temporary rental arrangements in South Africa, typically used for periods less than 12 months. This document is crucial for scenarios such as holiday rentals, temporary corporate housing, or interim accommodation during property transactions. It must comply with South African rental housing legislation, including the Rental Housing Act, Consumer Protection Act, and PIE Act. The agreement covers crucial aspects such as rental terms, deposit requirements, maintenance responsibilities, and termination conditions. It provides legal protection for both landlords and tenants while maintaining flexibility for short-term arrangements. The document is particularly relevant in urban areas and tourist destinations where short-term rentals are common, and it can be adapted for both furnished and unfurnished properties.
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1. Parties: Identification and details of the Landlord and Tenant, including full legal names, ID numbers, and contact information
2. Background: Brief context explaining the purpose of the agreement and the parties' intention to enter into a short-term lease
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the rental property, including physical address and any specific inclusions or exclusions
5. Lease Period: Duration of the lease, including start and end dates, and any provisions for renewal
6. Rental and Deposit: Monthly rental amount, deposit requirements, payment terms, and payment methods
7. Utilities and Services: Responsibility for payment of utilities, municipal services, and other charges
8. Use of Property: Permitted use of the property and restrictions on its use
9. Maintenance and Repairs: Responsibilities of landlord and tenant regarding maintenance, repairs, and upkeep
10. Rights and Obligations: General rights and obligations of both parties under the agreement
11. Breach and Termination: Consequences of breach and conditions for termination of the agreement
12. Notices: Process for giving notices and communication between parties
13. General Provisions: Standard legal clauses including entire agreement, variation, and governing law
1. Pet Clause: Terms and conditions for keeping pets on the property, when pets are allowed
2. Swimming Pool Maintenance: Specific provisions for pool maintenance if the property includes a swimming pool
3. Garden Services: Terms regarding garden maintenance when the property includes a garden
4. Security Systems: Provisions regarding security systems and services when applicable
5. Body Corporate Rules: Reference to and incorporation of body corporate rules for sectional title properties
6. Subletting: Terms regarding subletting if it's to be permitted
7. Early Termination: Specific provisions for early termination options if offered
8. Shared Facilities: Rules and conditions for use of shared facilities in multi-unit properties
1. Schedule A - Inventory List: Detailed inventory of furniture, appliances, and fittings included in the lease
2. Schedule B - Property Condition Report: Detailed report on the condition of the property at the start of the lease
3. Schedule C - House Rules: Specific rules and regulations for the property
4. Schedule D - Utility Readings: Initial meter readings for electricity, water, and gas where applicable
5. Schedule E - Key Register: List of keys, access cards, and remote controls provided to the tenant
6. Appendix 1 - Photography Schedule: Photographs documenting the condition of the property at commencement
7. Appendix 2 - Approved Alterations: List of any pre-approved alterations the tenant may make to the property
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