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Shared Tenancy Agreement

Shared Tenancy Agreement Template for South Africa

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Key Requirements PROMPT example:

Shared Tenancy Agreement

"I need a Shared Tenancy Agreement for a three-bedroom house in Cape Town, starting March 1, 2025, with specific provisions for student tenants and include clauses about shared utility costs and a cleaning rotation schedule."

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Document background
The Shared Tenancy Agreement is designed for use in South Africa where multiple tenants wish to co-lease a residential property. This document is essential when two or more unrelated individuals plan to share rental accommodation, whether in apartments, houses, or student housing. It complies with South African rental housing legislation, including the Rental Housing Act 50 of 1999 and the Consumer Protection Act 68 of 2008. The agreement comprehensively covers rent division, deposit handling, utility cost sharing, common area usage, maintenance responsibilities, and dispute resolution procedures. It's particularly relevant in urban areas and near educational institutions where shared living arrangements are common, and can be customized to accommodate various shared living scenarios while maintaining legal compliance.
Suggested Sections

1. Parties: Identification of all parties to the agreement including the landlord and all co-tenants

2. Background: Brief context of the shared tenancy arrangement and purpose of the agreement

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

4. Property Description: Detailed description of the rental property, including both private and shared spaces

5. Term of Agreement: Duration of the lease, including start and end dates, and renewal terms

6. Rent and Payment Terms: Rental amount, payment method, due dates, and division of rent among co-tenants

7. Deposit: Security deposit details, including amount, management, and return conditions

8. Utilities and Expenses: Division and payment of utility costs and other shared expenses

9. Common Area Usage: Rules and responsibilities regarding shared spaces

10. Maintenance and Repairs: Responsibilities for property maintenance and repair procedures

11. House Rules: Basic rules for peaceful cohabitation and property use

12. Termination: Conditions and procedures for termination of the agreement

13. Breach and Dispute Resolution: Procedures for handling breaches and resolving disputes

14. General Provisions: Standard legal clauses including notices, governing law, and entire agreement

Optional Sections

1. Subletting: Include when subletting is permitted, specifying conditions and procedures

2. Pets: Include when pets are allowed, specifying conditions and responsibilities

3. Parking: Include when property includes parking facilities, detailing allocation and rules

4. Special Facilities: Include when property has additional facilities like gym, pool, or storage units

5. Guest Policy: Include when specific rules about overnight guests are needed

6. Smoking Policy: Include when specific smoking restrictions need to be outlined

7. Remote Working: Include when home office use needs to be addressed

8. Insurance: Include when specific insurance requirements are imposed on tenants

Suggested Schedules

1. Schedule A - Property Inventory: Detailed list of furniture, appliances, and fixtures provided

2. Schedule B - Property Condition Report: Detailed report of property condition at commencement of lease

3. Schedule C - House Rules: Detailed house rules for shared living

4. Schedule D - Utility Payment Schedule: Breakdown of utility payments and responsibility allocation

5. Schedule E - Maintenance Schedule: Schedule of regular maintenance tasks and responsible parties

6. Appendix 1 - Floor Plan: Layout of the property showing private and shared spaces

7. Appendix 2 - Contact Information: Contact details for landlord, property manager, and emergency services

8. Appendix 3 - Cleaning Schedule: Rotation schedule for shared cleaning responsibilities

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Clauses
Interpretation
Property Description
Term and Duration
Rental Obligations
Deposit
Utilities and Expenses
Common Areas Usage
Maintenance and Repairs
Property Access
House Rules
Quiet Enjoyment
Joint and Several Liability
Insurance
Property Damage
Alterations and Improvements
Subletting
Assignment
Pets
Visitors and Guests
Notices
Breach
Dispute Resolution
Termination
Force Majeure
Governing Law
Jurisdiction
Costs
Entire Agreement
Severability
Amendment
Indemnification
Compliance with Laws
Keys and Security
Inspection
Occupation
Storage
Parking
Relevant Industries

Real Estate

Residential Property

Student Housing

Property Management

Housing & Accommodation

Rental Services

Legal Services

Property Investment

Relevant Teams

Legal

Property Management

Residential Leasing

Contract Administration

Operations

Compliance

Student Housing

Facilities Management

Customer Service

Administrative Support

Relevant Roles

Property Manager

Leasing Agent

Real Estate Agent

Property Administrator

Legal Counsel

Housing Officer

Tenancy Coordinator

Residential Letting Manager

Student Housing Coordinator

Property Portfolio Manager

Facilities Manager

Rental Administrator

Compliance Officer

Contract Administrator

Industries
Rental Housing Act 50 of 1999: The primary legislation governing residential tenancies in South Africa, establishing rights and obligations of landlords and tenants, including maintenance responsibilities, deposit requirements, and dispute resolution mechanisms.
Consumer Protection Act 68 of 2008: Protects tenants as consumers, ensuring fair and transparent contract terms, reasonable notice periods, and protection against unfair practices in rental agreements.
Prevention of Illegal Eviction and Unlawful Occupation of Land Act 19 of 1998 (PIE Act): Regulates the eviction process and protects tenants from illegal eviction, specifying legal procedures that must be followed for eviction.
Sectional Titles Act 95 of 1986: Relevant for shared spaces and common property management, defining rights and responsibilities in shared living arrangements.
National Credit Act 34 of 2005: Applicable when dealing with rental deposits and any credit-related aspects of the rental agreement, ensuring fair treatment regarding financial matters.
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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