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Past Due Rent Payment Agreement Template for South Africa

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Key Requirements PROMPT example:

Past Due Rent Payment Agreement

"I need a Past Due Rent Payment Agreement for a residential tenant who owes R45,000 in back rent, to be paid over 12 monthly installments starting January 2025, with standard default provisions and interest at the South African prime rate."

Document background
The Past Due Rent Payment Agreement is a crucial document used in South African property management when tenants fall behind on their rental payments but demonstrate willingness to settle their debt. This agreement, which must comply with South African rental housing legislation and consumer protection laws, provides a structured approach to debt recovery while protecting both landlord and tenant interests. It typically includes detailed payment schedules, acknowledgment of the debt amount, methods of payment, and consequences of default. The document is particularly important in situations where eviction might otherwise be considered, offering an alternative solution that allows tenants to maintain their housing while ensuring landlords can recover outstanding rent. The agreement should be drafted with consideration of the Rental Housing Act, Consumer Protection Act, and relevant provincial regulations.
Suggested Sections

1. Parties: Identification of the Landlord and Tenant, including full legal names, identity numbers, and contact details

2. Background: Context of the original lease agreement, the accumulated rental arrears, and the parties' intention to enter into a payment arrangement

3. Definitions: Key terms used in the agreement, including 'Past Due Rent', 'Payment Plan', 'Default', and other relevant terms

4. Acknowledgment of Debt: Tenant's formal acknowledgment of the outstanding rental amount, including a detailed breakdown of the debt

5. Payment Terms: Specific details of the payment plan, including installment amounts, payment dates, and payment methods

6. Duration of Agreement: The period over which the payment plan will extend and conditions for completion

7. Default Provisions: Consequences of missing payments or breaching the agreement, including remedies available to the landlord

8. Current Rent Obligations: Clarification that this agreement does not affect the tenant's obligation to pay current rent as it becomes due

9. General Terms: Standard contractual provisions including notices, amendments, and governing law

10. Signatures: Execution clause and signature blocks for all parties

Optional Sections

1. Security Provisions: Additional security measures such as deposits or guarantees, used when extra security is required

2. Interest Charges: Terms for interest on the outstanding amount, if applicable and agreed upon

3. Early Payment Provisions: Terms for early settlement of the debt, including any applicable discounts

4. Dispute Resolution: Specific procedures for resolving disputes, recommended when dealing with large amounts

5. Legal Costs: Allocation of legal costs in case of enforcement, typically included for larger debt amounts

6. Tenant Financial Disclosure: Requirement for tenant to disclose financial information, useful for larger debts or higher-risk situations

Suggested Schedules

1. Schedule A - Debt Breakdown: Detailed itemization of the outstanding amount, including original rent due dates and amounts

2. Schedule B - Payment Schedule: Detailed payment plan showing all installment dates and amounts

3. Schedule C - Original Lease Agreement: Copy or extract of relevant portions of the original lease agreement

4. Schedule D - Statement of Account: Current statement showing all charges and payments to date

5. Appendix 1 - Payment Methods: Detailed information about accepted payment methods and banking details

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


























Clauses























Relevant Industries

Real Estate

Property Management

Residential Housing

Commercial Property

Legal Services

Financial Services

Property Investment

Rental Management

Relevant Teams

Legal

Property Management

Finance

Collections

Compliance

Risk Management

Operations

Customer Relations

Asset Management

Administration

Relevant Roles

Property Manager

Legal Counsel

Rental Administrator

Collections Manager

Housing Officer

Real Estate Manager

Compliance Officer

Financial Controller

Tenant Relations Manager

Asset Manager

Leasing Manager

Property Administrator

Legal Administrator

Risk 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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