The Tenancy Agreement With Guarantor is a specialized rental contract designed for use in the South African property market where additional financial security is required beyond the standard tenant obligations. This document is particularly relevant for situations involving student accommodation, first-time renters, or individuals with limited credit history. It incorporates all standard residential lease provisions while adding comprehensive guarantor clauses that ensure a third party takes responsibility for the tenant's financial obligations if they default. The agreement complies with South African rental legislation, including the Rental Housing Act, Consumer Protection Act, and common law principles. It provides detailed terms covering rental payments, property maintenance, utility charges, and the specific circumstances under which the guarantor's obligations become active. The document is structured to protect all parties' interests while ensuring transparency and enforceability under South African law.
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1. Parties: Identification of the Landlord, Tenant, and Guarantor including full legal names, ID numbers, and contact details
2. Background: Brief context explaining the intention to enter into a lease agreement and the requirement for a guarantor
3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules for interpreting the document
4. Property Description: Detailed description of the rental property including its address and any exclusive use areas
5. Lease Period: Term of the lease, including start and end dates, and any renewal provisions
6. Rental and Deposit: Monthly rental amount, deposit requirements, and payment terms
7. Additional Charges: Utilities, maintenance fees, and other charges payable by the tenant
8. Use of Property: Permitted use of the property and occupancy restrictions
9. Maintenance and Repairs: Responsibilities of landlord and tenant regarding property maintenance
10. Landlord's Obligations: Key responsibilities and obligations of the landlord
11. Tenant's Obligations: Key responsibilities and obligations of the tenant
12. Guarantor's Obligations: Scope and extent of guarantor's liability and responsibilities
13. Insurance: Requirements for insurance coverage by respective parties
14. Breach and Termination: Consequences of breach and conditions for termination
15. Notices and Domicilium: How and where official notices must be delivered
16. General Provisions: Standard legal clauses including entire agreement, variation, and governing law
1. Pet Clause: Rules regarding pets if pets are allowed in the property
2. Short-term Letting: Provisions for subletting or AirBnB if permitted
3. Special Modifications: Provisions for allowed modifications to the property for disabled tenants or specific needs
4. Body Corporate Rules: Include if property is in a sectional title scheme
5. Estate Rules: Include if property is in a residential estate
6. Multiple Guarantors: Additional provisions when more than one guarantor is involved
7. Break Clause: Early termination provisions if agreed between parties
1. Schedule 1: Inventory and Condition Report: Detailed list of fixtures, fittings, and their condition at commencement
2. Schedule 2: House Rules: Specific rules for the use and enjoyment of the property
3. Schedule 3: Utility Agreements: Details of utility accounts and payment arrangements
4. Schedule 4: Maintenance Schedule: Detailed breakdown of maintenance responsibilities
5. Schedule 5: Key Receipt: Record of keys, access cards, and remotes provided
6. Appendix A: Property Floor Plan: Layout and measurements of the property
7. Appendix B: Property Photographs: Visual record of property condition at commencement
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