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Residential Lease With Option To Buy
"I need a Residential Lease with Option to Buy agreement for a luxury apartment in Cape Town, with a 24-month lease term starting March 1, 2025, and an option to purchase that can be exercised after 18 months, including special provisions for a home office setup and two parking spaces."
1. Parties: Identification of the Lessor/Seller and Lessee/Potential Buyer, including full legal names, identification numbers, and contact details
2. Background: Context of the agreement, including property ownership and parties' intention to enter into both lease and option arrangements
3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules for interpreting the document
4. Property Description: Detailed description of the property including physical address, registration details, and included fixtures/fittings
5. Lease Terms: Core rental provisions including duration, rental amount, payment terms, and annual escalation
6. Option to Purchase: Terms of the purchase option including option period, purchase price, exercise mechanism, and deadline
7. Option Exercise Process: Detailed procedure for exercising the option, including notice requirements and timeframes
8. Security Deposit: Amount, payment terms, and conditions for return of the security deposit
9. Maintenance and Repairs: Responsibilities of both parties regarding property maintenance and repairs during the lease period
10. Insurance and Risk: Requirements for insurance coverage and allocation of risk during the lease period
11. Utilities and Services: Responsibility for payment of utilities, municipal services, and other ongoing costs
12. Use of Property: Permitted use of the property and any restrictions during the lease period
13. Default and Remedies: Consequences of default by either party and available remedies
14. Termination: Circumstances under which the agreement can be terminated and the consequences
15. Notices: How formal notices must be given between parties
16. General Provisions: Standard legal clauses including governing law, jurisdiction, and entire agreement provisions
1. Pet Provisions: Rules regarding pets if allowed on the property - include when pets are permitted
2. Pool Maintenance: Specific provisions for pool maintenance if the property includes a swimming pool
3. Body Corporate Rules: Include if the property is within a sectional title scheme or complex
4. Option Deposit: Include if a separate deposit is required for the purchase option
5. Rent Credit: Include if a portion of rent payments will be credited towards the purchase price
6. Property Improvements: Include if the tenant is allowed to make improvements and how these affect the purchase price
7. Agent Provisions: Include if property agents are involved in either the lease or potential sale
8. Subletting Provisions: Include if subletting might be permitted during the lease term
1. Schedule A - Property Details: Detailed property description, including plans and photographs
2. Schedule B - Inventory List: Detailed list of fixtures, fittings, and furniture included in the lease/sale
3. Schedule C - Condition Report: Detailed report on the condition of the property at commencement of lease
4. Schedule D - Option Exercise Form: Pro forma notice for exercising the purchase option
5. Schedule E - Maintenance Schedule: Detailed breakdown of maintenance responsibilities
6. Schedule F - Utility Readings: Initial utility meter readings at commencement of lease
7. Appendix 1 - Body Corporate Rules: If applicable, rules of the complex or development
8. Appendix 2 - Approved Plans: Municipal approved plans of the property if available
Authors
Real Estate
Residential Property
Property Management
Legal Services
Financial Services
Property Development
Housing
Legal
Real Estate
Property Management
Sales
Compliance
Risk Management
Finance
Operations
Administrative Support
Contract Administration
Property Manager
Real Estate Agent
Legal Counsel
Property Administrator
Contracts Manager
Real Estate Attorney
Compliance Officer
Property Portfolio Manager
Leasing Manager
Sales Manager
Property Development Manager
Risk Manager
Financial Manager
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