What is a residential lease agreement?

A residential lease agreement is necessary when a tenant rents a property from a landlord for the purpose of living there and not for profit. It is also called a tenancy agreement, rental lease agreement, lease form or rental contract.

Property rented to a tenant with a residential lease agreement include a house, apartment, condo, mobile home, basement suite, duplex, townhouse, room, rent-to-own options and other living spaces. The maximum duration of a residential lease is a fixed period of 24 months.

Residential lease agreements and the law

Residential lease agreements are governed by the:

• common law;
• Constitution of the Republic of South Africa;
• Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE);
• Consumer Protection Act (CPA);
• Protection of Personal Information Act (POPI); and
• Debt Collectors' Act.

Who would use a residential lease agreement template in South Africa?

• Homeowners about to rent property to tenants
• Tenants about to rent a place to stay
• Landlords, house rental agencies and tenant placement services
• Any individuals who are in a landlord-tenant relationship and don’t have a written agreement
• Tenants or landlords looking to rent a property with the option to buy

Attachments to the residential lease agreement

The following documentation can be attached to the residential lease agreement:

• A list of existing defects relating to the property and the arrangement with regards to repairs
• The landlord’s rental house rules and regulations
• An inventory of the furniture and contents of the property

You can download a printable residential lease agreement for free below.