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Agreement to Lease

This Agreement to Lease template is used to formalize a preliminary agreement between a landlord and a prospective tenant before a full lease agreement is drawn up. It outlines the key terms and conditions under which a property will be leased, providing a framework for the final lease.

Updated 15d ago
lease agreementproperty rentalcommercial leasepre-lease agreementsouthern Africareal estatecontractrental

{{company_name}}

{{company_address}}

Phone: {{phone}} | Email: {{email}} | Web: {{website}}

Agreement to Lease

Agreement to Lease

{{company_name}}

{{company_address}}

Phone: {{phone}}

Email: {{email}}

Website: {{website}}

AGREEMENT TO LEASE

This Agreement to Lease (hereinafter referred to as "Agreement") is made and entered into on this {{day}} day of {{month}}, {{year}}.

BETWEEN:

{{landlord_company_name}}, a company duly incorporated in accordance with the laws of {{country}}, with its principal place of business at {{landlord_company_address}} (hereinafter referred to as "the Landlord").

AND

{{tenant_company_name}}, a company duly incorporated in accordance with the laws of {{country}}, with its principal place of business at {{tenant_company_address}} (hereinafter referred to as "the Tenant").

The Landlord and the Tenant are hereinafter collectively referred to as "the Parties" and individually as "Party".

1. PROPERTY DESCRIPTION

The Landlord agrees to lease to the Tenant, and the Tenant agrees to take on lease from the Landlord, the following property (hereinafter referred to as "the Premises"):

Physical Address: {{property_address}}

Description: {{property_description}} (e.g., office space, retail unit, warehouse, number of rooms, floor area)

Erf/Stand Number (if applicable): {{erf_number}}

2. DURATION OF LEASE

The Parties agree that the lease of the Premises shall be for a fixed period of {{lease_term_years}} ({{lease_term_years_words}}) years, commencing on {{commencement_date}} and terminating on {{termination_date}}.

3. RENTAL AMOUNT AND PAYMENT

The monthly rental payable by the Tenant to the Landlord shall be {{currency}} {{rental_amount}} ({{rental_amount_words}}) exclusive of VAT (if applicable).

The rental shall be payable monthly in advance without demand, deduction, or set-off, on or before the {{payment_day_of_month}} day of each month, commencing on {{first_payment_date}}.

Payments shall be made by way of electronic funds transfer (EFT) to the Landlord's nominated bank account:

Bank Name: {{bank_name}}

Account Holder: {{account_holder_name}}

Account Number: {{account_number}}

Branch Code: {{branch_code}}

4. DEPOSIT

The Tenant shall pay a security deposit of {{currency}} {{deposit_amount}} ({{deposit_amount_words}}) to the Landlord on or before the signing of this Agreement. This deposit shall be held by the Landlord as security for the due fulfillment by the Tenant of its obligations under the forthcoming Lease Agreement.

The deposit will be refunded to the Tenant, without interest, within {{days_for_deposit_refund}} days after the termination of the Lease Agreement, subject to any deductions for damages or outstanding amounts due by the Tenant.

5. INTENDED USE OF PREMISES

The Premises shall be used solely for the purpose of {{intended_use_of_premises}} and for no other purpose without the prior written consent of the Landlord.

6. CONDITION PRECEDENT (OPTIONAL)

This Agreement is subject to the fulfilment of the following condition precedent:

The Tenant obtaining all necessary permits and approvals for its intended use of the Premises within {{days_for_condition_precedent}} days from the date of signature of this Agreement. If this condition is not met, this Agreement shall lapse and be of no force or effect, and any deposit paid shall be refunded to the Tenant.

7. OBLIGATIONS OF THE PARTIES

7.1. The Landlord undertakes to:

7.1.1. Prepare and present a full Lease Agreement incorporating the terms of this Agreement and other standard lease clauses within {{days_to_present_lease}} days of the signing of this Agreement.

7.1.2. Ensure vacant occupation of the Premises on the commencement date.

7.2. The Tenant undertakes to:

7.2.1. Inspect the Premises and satisfy itself as to its suitability for the intended purpose.

7.2.2. Sign the full Lease Agreement within {{days_to_sign_lease}} days of presentation by the Landlord.

8. BREACH

Should either Party commit a breach of any material term of this Agreement and fail to remedy such breach within {{days_to_remedy_breach}} days of receipt of written notice requiring such remedy, the aggrieved Party shall be entitled, without prejudice to any other rights it may have in law, to:

8.1. Cancel this Agreement; or

8.2. Claim specific performance of the terms of this Agreement.

9. GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of {{country}}.

The Parties hereby consent to the non-exclusive jurisdiction of the Magistrate's Court or High Court having jurisdiction over the Premises for the determination of any dispute arising out of or in connection with this Agreement.

10. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the Parties relating to the subject matter hereof and supersedes all prior discussions, negotiations, and agreements between the Parties, whether written or oral.

No amendment, variation, or consensual cancellation of this Agreement shall be of any force or effect unless reduced to writing and signed by both Parties.

SIGNED AT {{city}} ON THIS {{day}} DAY OF {{month}}, {{year}}.

___________________________

For the Landlord: {{landlord_signatory_name}}

Duly authorised

___________________________

For the Tenant: {{tenant_signatory_name}}

Duly authorised

AS WITNESSES:

1. ___________________________

Name: {{witnessl_name}}

2. ___________________________

Name: {{witness2_name}}

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