The End of Tenancy Agreement is a crucial legal document used in South Africa when formally concluding a rental relationship between landlord and tenant. It is designed to protect both parties' interests and ensure compliance with South African property law, including the Rental Housing Act 50 of 1999 and the Prevention of Illegal Eviction Act. This document should be used whenever a fixed-term or periodic tenancy is being terminated, whether at the natural end of the lease or through mutual agreement. It covers essential aspects such as property condition documentation, deposit returns, outstanding payments, and utility settlements. The agreement helps prevent future disputes by clearly documenting the termination process and final obligations of each party. It's particularly important in the South African context, where rental relationships are strictly regulated and proper documentation is essential for legal compliance.
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1. Parties: Identification and details of the Landlord and Tenant, including full legal names, identification numbers, and contact information
2. Background: Brief context of the original lease agreement, including its start date and the reason for termination
3. Definitions: Definitions of key terms used throughout the agreement
4. Termination Date: Specific date when the tenancy will end and confirmation of proper notice given
5. Property Inspection: Terms for conducting final inspection and recording property condition
6. Tenant Obligations: Requirements for cleaning, repairs, and restoration of the property to its original condition
7. Deposit Settlement: Process and timeline for returning the security deposit, less any authorized deductions
8. Outstanding Payments: Settlement of any remaining rent, utilities, or other charges
9. Keys and Access Devices: Requirements for returning all keys, access cards, and remote controls
10. Forwarding Address: Tenant's obligation to provide forwarding address for future correspondence
11. Governing Law: Confirmation that the agreement is governed by South African law
12. Signatures: Space for dated signatures of all parties
1. Early Termination Provisions: Used when the tenancy is being terminated before the original lease end date, including any penalties or special conditions
2. Abandonment of Property: Procedures for handling any personal property left behind by the tenant
3. Maintenance Works: Special provisions for outstanding maintenance or repair works to be completed
4. Professional Cleaning: Requirements for professional cleaning services, if applicable
5. Dispute Resolution: Specific procedures for resolving any disputes that may arise during the termination process
6. Insurance Claims: Provisions relating to ongoing or pending insurance claims
7. Utilities Transfer: Special arrangements for transferring or terminating utility accounts
1. Schedule A - Property Condition Report: Detailed documentation of the property's condition at the time of termination, including photographs
2. Schedule B - Inventory Checklist: List of fixtures, fittings, and furniture with their condition noted
3. Schedule C - Deposit Deductions: Itemized list of any deductions from the security deposit with supporting documentation
4. Schedule D - Utility Readings: Final readings for electricity, water, gas, and other utilities
5. Schedule E - Outstanding Maintenance Issues: List of any unresolved maintenance issues and agreed actions
6. Appendix 1 - Original Lease Agreement: Copy of the original lease agreement for reference
7. Appendix 2 - Photographic Evidence: Dated photographs of the property condition and any damage or issues
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