Things to know about before you sign that lease
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Perhaps you're thinking about moving out of home and getting your own place for the first time, or maybe you've been renting for years. Whatever your situation is, there are various things to think about before you sign a lease agreement. Jawitz Properties takes you through five things you must understand before you sign a lease.
- Understand the essential components of a lease agreement
According to Ynnis Willson, head of Jawitz Properties' rental division, the essential elements of a lease include the start date of the lease and the end date of the lease, the landlord's details and the tenant's details, as well as the details of any other people who will occupy the property during the lease. "A rental agreement must also include the monthly rental amount to be paid, the deposit due and the annual escalation rate," Willson explained. "The lease agreement governs the relationship between the parties and there it is also essential to lay out what happens in the case early termination of the agreement and should any party breach any terms of the lease."
- Know what you and your landlord are each responsible for
The issue of "who is responsible for what" is often a point of contention for tenants, and it's important to understand upfront what your responsibilities are. It is your landlord's responsibility to maintain the integrity of the property, ensure that the property is habitable and that you can take full advantage of everything that it has to offer. Over and above this, the landlord must manage fair wear and tear. "This is defined as damage that occurs due to the ordinary use of the premises by a tenant over time," explained Willson.
On the other hand, if you accidentally chip a tile or put a nail in the wall to hang a picture, it's your responsibility to pay for the necessary repairs. "It's also your responsibility to pay for consumable items like lightbulbs and flushing mechanisms for toilets," shared Willson.
- Understand the importance of an entry inspection
Your entry inspection needs to take place before you move in, and the purpose of it is to record any existing damage to the property. "This prevents you, as the tenant, from being held liable at the end of your lease for something that happened before you moved in," commented Willson. "It is vital that you attend this inspection. If you don't, it will be deemed that the property is in good condition."
Every lease agreement should make provision for a time period (typically seven days) after you move in when any damages that you didn't notice during the inspection can be reported. It is important to understand that unless an issue specifically affects the habitability of a property, the landlord is not obliged to attend to it.
- Consider who you sign a lease through
While looking for a home, you may come across properties listed privately on Gumtree or social media. One of the risks associated with renting a property that you find in this way is that you may be dealing with the landlord - or you may be dealing with a tenant looking to sublet. "The other risk would be the integrity of the lease agreement that is used," said Willson. "Professional property practitioners invest in drafting lease agreements that protect both the landlord and the tenant. This is important, since the lease agreement forms the basis of any rental tribunal dispute if it should come to that."
- Renting in a sectional title? You'll need to abide by the rules
If you're renting a flat, a simplex/duplex or a home in an estate, there will be various rules that you are obliged to follow. If you have pets, make sure they will be allowed before you sign the lease. There will also be rules around noise (typically no loud noise after a certain time of night), parking, visitors and use of common areas.
Jawitz Properties has properties available to rent in every corner of South Africa and our team is on hand to help you find the right property and sign a lease that offers you every possible protection. Contact us today and let's find you your new home!
Author: Jawitz Properties
