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Contingency Lease Agreement Template for South Africa

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Key Requirements PROMPT example:

Contingency Lease Agreement

"I need a Contingency Lease Agreement for a commercial property in Cape Town, where the lease commencement is contingent on the completion of specific renovations by March 2025, with a 5-year lease term and quarterly rental escalations."

Document background
The Contingency Lease Agreement is designed for situations where parties wish to enter into a lease arrangement subject to certain conditions being met. This document type is commonly used in South African property law when the commencement or continuation of a lease depends on specific events or requirements, such as obtaining necessary permits, completing renovations, or securing financing. The agreement must comply with South African legislation, including the Rental Housing Act, Consumer Protection Act, and common law principles. It includes detailed provisions for the contingency conditions, standard lease terms, and the consequences of both fulfillment and non-fulfillment of the conditions. This type of agreement provides protection for both landlord and tenant by clearly defining the conditional nature of their commitments and the pathway to a fully effective lease.
Suggested Sections

1. Parties: Identification and details of the Landlord and Tenant, including registration/ID numbers and contact details

2. Background: Context of the agreement and explanation of the contingency nature of the lease

3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules for interpretation

4. Contingency Terms: Specific conditions that must be met for the lease to become effective

5. Commencement and Duration: Start date, duration of lease, and connection to contingency fulfillment

6. Premises Description: Detailed description of the leased property and any included fixtures/fittings

7. Rental and Deposits: Rental amount, payment terms, deposit requirements, and annual escalation

8. Use of Premises: Permitted use of the property and any restrictions

9. Maintenance and Repairs: Responsibilities of landlord and tenant regarding property maintenance

10. Insurance and Risk: Insurance requirements and allocation of risk between parties

11. Breach and Termination: Consequences of breach and conditions for termination

12. Notices and Domicilia: How and where official notices must be delivered

13. General Provisions: Standard legal clauses including whole agreement, variation, and governing law

Optional Sections

1. Utilities and Services: Include when utilities are not included in rental amount and need separate regulation

2. Security and Access: Include for properties in security complexes or with specific access requirements

3. Subletting and Assignment: Include when these rights need to be specifically addressed or prohibited

4. Property Management: Include when a property manager is involved in addition to the landlord

5. Special Conditions: Include when there are unique requirements specific to the property or parties

6. Force Majeure: Include when specific provisions for unforeseen events are required

7. Option to Purchase: Include when tenant is given an option to purchase the property

8. Fit-out and Alterations: Include for commercial properties requiring tenant modifications

Suggested Schedules

1. Schedule 1: Property Details: Detailed description of the property including plans and specifications

2. Schedule 2: Rental Schedule: Detailed breakdown of rental amounts, escalations, and payment dates

3. Schedule 3: Condition Report: Detailed report on the condition of the property at commencement

4. Schedule 4: House Rules: Applicable rules if property is in a complex or shared building

5. Schedule 5: Contingency Conditions: Detailed description of contingency conditions and verification process

6. Appendix A: Inventory List: List of fixtures, fittings, and furniture included in the lease

7. Appendix B: Maintenance Schedule: Detailed breakdown of maintenance responsibilities

8. Appendix C: Required Certificates: Copies of compliance certificates and property documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions












































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Relevant Industries

Real Estate

Property Management

Commercial Property

Residential Property

Legal Services

Property Development

Real Estate Investment

Property Leasing

Facilities Management

Relevant Teams

Legal

Real Estate

Property Management

Facilities

Compliance

Risk Management

Asset Management

Contract Administration

Property Development

Relevant Roles

Property Manager

Real Estate Agent

Legal Counsel

Property Attorney

Leasing Manager

Facilities Manager

Contract Administrator

Property Portfolio Manager

Real Estate Investment Manager

Compliance Officer

Risk Manager

Asset Manager

Property Development Manager

Industries





Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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