The Simple Occupancy Agreement is designed for situations requiring a straightforward arrangement for temporary property occupation in South Africa. This document type is particularly useful for short-term arrangements, temporary housing solutions, or situations where a full residential lease agreement might be overly complex. It ensures compliance with South African property law, including the Rental Housing Act and PIE Act, while maintaining simplicity and clarity. The agreement includes essential terms covering occupancy fees, duration, maintenance, and basic obligations, making it suitable for both private and corporate use. This document type strikes a balance between legal compliance and practical usability, providing adequate protection for both property owners and occupants while avoiding unnecessary complexity.
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1. Parties: Identification and details of the Owner/Landlord and Occupant
2. Background: Brief context of the agreement and property ownership
3. Definitions: Key terms used throughout the agreement
4. Property Description: Detailed description of the property and any included facilities or furniture
5. Duration of Occupancy: Term of occupancy, including start date and whether fixed-term or periodic
6. Occupancy Fee: Amount payable, payment terms, and method of payment
7. Utilities and Services: Responsibility for utilities, services, and related payments
8. Deposit: Amount, payment terms, and conditions for refund
9. Use of Property: Permitted use of the property and occupancy restrictions
10. Maintenance and Repairs: Responsibilities of both parties regarding property maintenance
11. Access and Inspection: Owner's rights to access the property and inspection procedures
12. Termination: Conditions and procedures for ending the agreement
13. Notices: How formal communications between parties should be made
14. General Provisions: Standard legal clauses including governing law and jurisdiction
1. Additional Occupants: Required when other people will regularly occupy the property
2. Pet Provisions: Include when pets are allowed, specifying conditions and additional deposits
3. Subletting and Assignment: Include if subletting or assignment rights are granted
4. House Rules: Include for properties with specific rules or in multi-unit buildings
5. Insurance Requirements: Include when specific insurance coverage is required from either party
6. Swimming Pool/Garden Maintenance: Include when property has these facilities and maintenance responsibilities need specification
7. Security Provisions: Include for properties with specific security arrangements or requirements
8. Body Corporate Rules: Include for properties within sectional title schemes
1. Schedule A - Property Inventory: Detailed list of furniture, appliances, and fittings included in the occupancy
2. Schedule B - Property Condition Report: Detailed description of property condition at commencement of occupancy
3. Schedule C - House Rules: Detailed rules and regulations for the property if applicable
4. Schedule D - Utility Readings: Initial meter readings for electricity, water, and gas if applicable
5. Schedule E - Key Register: List of keys, access cards, and remote controls provided to occupant
6. Appendix 1 - Body Corporate Rules: If applicable, rules of the complex or development
7. Appendix 2 - Maintenance Schedule: Detailed breakdown of maintenance responsibilities between parties
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