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Tenant Placement Agreement
"I need a Tenant Placement Agreement for my residential property in Cape Town, with standard screening procedures and a 5% commission structure, but I want to include a 3-month tenant guarantee period where the agency will find a replacement tenant at no additional cost if the first tenant defaults."
1. Parties: Identification of the Property Owner and the Rental Agency, including full legal names, registration numbers (if applicable), and physical addresses
2. Background: Context of the agreement, including brief description of the property and the owner's intention to appoint the agency for tenant placement services
3. Definitions: Definitions of key terms used throughout the agreement, including 'Property', 'Services', 'Placement Fee', etc.
4. Appointment and Duration: Formal appointment of the rental agency and the term of the agreement
5. Agency Services: Detailed description of services to be provided, including marketing, tenant screening, lease preparation, etc.
6. Agency Authority: Scope of agency's authority to act on behalf of the property owner
7. Fees and Commission: Structure and timing of placement fees, commission, and any other charges
8. Property Owner's Obligations: Responsibilities of the property owner, including providing accurate information and maintaining the property
9. Agency's Obligations: Responsibilities of the agency, including professional conduct, due diligence in tenant selection
10. Warranties and Representations: Statements of fact and promises made by both parties
11. Termination: Conditions and procedures for ending the agreement
12. General Provisions: Standard legal clauses including notices, breach, dispute resolution, and governing law
1. Property Management Services: Additional section if the agency will also provide ongoing property management services beyond tenant placement
2. Multiple Properties: Section to be included if the agreement covers more than one property
3. Marketing Budget: Detailed section on marketing costs and budget when specific marketing campaigns are planned
4. Guarantee Period: Terms of any guarantee period offered for placed tenants, including replacement conditions
5. FICA Compliance: Detailed section on FICA requirements when dealing with high-value properties or corporate clients
6. International Tenants: Special provisions for handling international tenant placements
7. Assignment: Terms for assignment of the agreement, included when working with larger property portfolios or corporate clients
1. Property Schedule: Detailed description of the property/properties, including physical address, erf number, and specific features
2. Fee Schedule: Detailed breakdown of all fees, commissions, and charges
3. Service Level Agreement: Detailed description of service standards and timeframes
4. Required Documentation: List of required documents for both landlord and prospective tenants
5. Marketing Specification: Details of agreed marketing activities and channels
6. Tenant Screening Criteria: Agreed criteria and processes for tenant screening and selection
7. Agency Mandate Form: Standard form confirming the agency's mandate to act on behalf of the property owner
Authors
Agency
Property
Property Owner
Tenant
Placement Fee
Commission
Effective Date
Services
Lease Agreement
Marketing Period
Screening Process
Rental Amount
Deposit
FICA Requirements
Personal Information
Mandate Period
Business Day
Confidential Information
Credit Check
Due Diligence
Estate Agency Affairs Board
Fidelity Fund Certificate
Guarantee Period
Lease Term
Marketing Material
Parties
Premises
Professional Services
Rental Application
Schedule of Fees
Signature Date
Successful Placement
Tenant Screening Criteria
Term of Agreement
Territory
Viewing
Writing
Duration
Agency Services
Authority
Commission
Payment Terms
Exclusivity
Marketing
Tenant Screening
Representations and Warranties
Property Owner Obligations
Agency Obligations
Compliance
Confidentiality
Data Protection
Liability
Indemnification
Force Majeure
Termination
Breach
Dispute Resolution
Notices
Assignment
Entire Agreement
Variation
Severability
Governing Law
Professional Conduct
Non-Solicitation
Costs
Good Faith
Relationship of Parties
Waiver
Performance Guarantees
Documentation Requirements
Real Estate
Property Management
Residential Property
Commercial Property
Property Investment
Legal Services
Property Development
Corporate Housing
Student Accommodation
Legal
Real Estate
Property Management
Operations
Compliance
Administrative
Finance
Leasing
Contract Administration
Risk Management
Property Manager
Rental Agent
Estate Agent
Legal Counsel
Property Portfolio Manager
Letting Agent
Real Estate Manager
Compliance Officer
Property Administrator
Leasing Consultant
Real Estate Director
Operations Manager
Contract Manager
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