Non Exclusive Lease Template for South Africa

This Non Exclusive Lease agreement is designed for use in South African property arrangements where multiple tenants may share certain facilities or spaces within a property. It is commonly used in commercial settings such as office buildings, retail centers, or mixed-use developments, but can also apply to residential properties with shared amenities. The agreement complies with South African property law, including the Rental Housing Act 50 of 1999 and Consumer Protection Act 68 of 2008, while addressing specific requirements for non-exclusive use arrangements. It includes comprehensive provisions for rental terms, maintenance obligations, shared facility usage, and dispute resolution mechanisms, making it suitable for both landlords and tenants seeking to establish clear terms for shared property use.

1. Parties: Identification and details of the Landlord and Tenant, including registration/ID numbers and contact details

2. Background: Brief context of the agreement and confirmation of the parties' intention to enter into a non-exclusive lease

3. Definitions: Definitions of key terms used throughout the agreement

4. Property Description: Detailed description of the leased premises, including physical address and any exclusive use areas

5. Lease Period: Duration of the lease, commencement date, and termination provisions

6. Rental and Deposits: Rental amount, payment terms, deposit requirements, and annual escalation provisions

7. Utilities and Services: Responsibility for payment of utilities, municipal services, and other charges

8. Use of Premises: Permitted use of the property and confirmation of non-exclusive nature of the lease

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

10. Insurance: Requirements for insurance coverage by both parties

11. Access and Inspection: Landlord's rights of access for inspection and maintenance

12. Breach and Termination: Consequences of breach and termination procedures

13. Notices and Domicilia: Communication procedures and official addresses for notices

14. General Provisions: Standard contractual provisions including entire agreement, variation, and governing law