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Tenancy Agreement With Guarantor Template for South Africa

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Key Requirements PROMPT example:

Tenancy Agreement With Guarantor

"I need a Tenancy Agreement with Guarantor for a student tenant starting university in January 2025, where the tenant's parents will act as guarantors for a 12-month lease of a furnished apartment in a secure complex in Cape Town, with specific provisions for maintenance of included appliances."

Document background
The Tenancy Agreement With Guarantor is a specialized rental contract designed for use in the South African property market where additional financial security is required beyond the standard tenant obligations. This document is particularly relevant for situations involving student accommodation, first-time renters, or individuals with limited credit history. It incorporates all standard residential lease provisions while adding comprehensive guarantor clauses that ensure a third party takes responsibility for the tenant's financial obligations if they default. The agreement complies with South African rental legislation, including the Rental Housing Act, Consumer Protection Act, and common law principles. It provides detailed terms covering rental payments, property maintenance, utility charges, and the specific circumstances under which the guarantor's obligations become active. The document is structured to protect all parties' interests while ensuring transparency and enforceability under South African law.
Suggested Sections

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

2. Background: Brief context explaining the intention to enter into a lease agreement and the requirement for a guarantor

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

4. Property Description: Detailed description of the rental property including its address and any exclusive use areas

5. Lease Period: Term of the lease, including start and end dates, and any renewal provisions

6. Rental and Deposit: Monthly rental amount, deposit requirements, and payment terms

7. Additional Charges: Utilities, maintenance fees, and other charges payable by the tenant

8. Use of Property: Permitted use of the property and occupancy restrictions

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

10. Landlord's Obligations: Key responsibilities and obligations of the landlord

11. Tenant's Obligations: Key responsibilities and obligations of the tenant

12. Guarantor's Obligations: Scope and extent of guarantor's liability and responsibilities

13. Insurance: Requirements for insurance coverage by respective parties

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

15. Notices and Domicilium: How and where official notices must be delivered

16. General Provisions: Standard legal clauses including entire agreement, variation, and governing law

Optional Sections

1. Pet Clause: Rules regarding pets if pets are allowed in the property

2. Short-term Letting: Provisions for subletting or AirBnB if permitted

3. Special Modifications: Provisions for allowed modifications to the property for disabled tenants or specific needs

4. Body Corporate Rules: Include if property is in a sectional title scheme

5. Estate Rules: Include if property is in a residential estate

6. Multiple Guarantors: Additional provisions when more than one guarantor is involved

7. Break Clause: Early termination provisions if agreed between parties

Suggested Schedules

1. Schedule 1: Inventory and Condition Report: Detailed list of fixtures, fittings, and their condition at commencement

2. Schedule 2: House Rules: Specific rules for the use and enjoyment of the property

3. Schedule 3: Utility Agreements: Details of utility accounts and payment arrangements

4. Schedule 4: Maintenance Schedule: Detailed breakdown of maintenance responsibilities

5. Schedule 5: Key Receipt: Record of keys, access cards, and remotes provided

6. Appendix A: Property Floor Plan: Layout and measurements of the property

7. Appendix B: Property Photographs: Visual record of property condition at commencement

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

Residential Housing

Student Accommodation

Private Rental Sector

Property Investment

Housing Services

Legal Services

Relevant Teams

Legal

Property Management

Real Estate

Housing Administration

Contracts Administration

Residential Lettings

Asset Management

Client Services

Risk Management

Relevant Roles

Property Manager

Rental Agent

Legal Counsel

Real Estate Attorney

Housing Officer

Leasing Manager

Property Administrator

Contracts Manager

Real Estate Agent

Student Housing Coordinator

Tenant Relations Manager

Asset Manager

Property Portfolio 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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