While renting a property doesn’t require as much commitment financially, tenants should remember that a lease is a legally binding document which means they should be sure they understand all the points they are agreeing to upon signature thereof.
Tenants often come unstuck when they take the signing of a lease lightly and don’t familiarise themselves with all the terms and conditions contained therein.
Tenants should ensure that the points discussed with the landlord or rental agent are in fact included in the lease instead of just assuming they are.
Read: Should I renew my lease or move out?
The costs
The monthly rental amount must be clearly noted in a lease agreement. The lease should also clearly detail and explain any deposits that need to be paid, such as a rental deposit and the lights and water deposit, as well as the terms and conditions surrounding the refund of deposits. All other variable usage expenses that the tenant will be liable for such as water and electricity should also be clearly noted. The rental agreement should also clearly indicate how and when any rental increases will be put into effect as well as payment terms and conditions.
The rules
If a rental property is situated in a sectional title complex or apartment building or within an estate, there will be certain complex or estate rules and regulations that tenants will be obliged to adhere to. One of the most common ones is around pets, which has become a big issue recently as more and more complexes and housing estates are banning pets. Properties within sectional title or other housing estates are governed by communal rules and regulations, the lease agreement’s pet policy needs to be in line with the communal rules surrounding pets. Rules around tenant behaviour should also be clearly stipulated in the lease, and it is important for tenants to understand and agree to any clauses in the rental agreement outlining specific behaviour that is prohibited. A copy of the rules should be attached as an addendum to the lease agreement.
The duration
The duration of the lease should be clearly indicated, with specific dates included where applicable to avoid confusion around exactly when tenants can move in or should move out.
The termination clauses
There should also be a clear outline of the renewal process should the tenant and landlord wish to extent the lease. There should also be clear terms and conditions for the termination of the lease at the end of the lease period, as well as early termination clauses.
Rights and obligations
A sound lease agreement will always include clauses outlining both the landlord and tenant rights and obligations. These include clauses that specify who may legally live on the property including any limitations around subletting. The circumstances in which the landlord can enter the unit should also be clearly outlined, as is regulated the Rental Housing Act.
Considering that both the landlord and the tenant are responsible for maintaining the property, the obligations of each party need to be clearly spelled out in the lease agreement.
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