Deee Lease
Deee Lease
NAME_________________________________________
ID.NO_________________________________________
D.O.B_________________________________________
AND
NAME______________________________________
ID.NO_______________________________________
D.O.B_______________________________________
WHEREAS
I. The landlord is the owner of the space situated at Zezani Shopping Centre being ZEZANI
BOTTLE STORE (hereinafter referred to as the leased premises).
II. The landlord has lets the lessee ZEZANI BOTTLE STORE (Hereinafter referred to as the
leased PROPERTY)
Now therefore these present witnesses that the parties hereto have entered into and concluded an
agreement of lease on terms and conditions as hereinafter provided:-
1. PERIOD
In the event that the lessee has not given notice 3 months before termination, the lease
agreement/contract will continue indefinitely as long as both parties agree.
a) In the event of a lessor deciding to sell, build, modernize and/or refurbish the premises or
to make extensive alterations thereto, then the lessor shall have the right, on giving 90
days written notice to the lessee, to cancel the lease without compensation.
b) Should the lessor require premises for his own use or for an allied company, then the
lessor shall have the right to give 90 days’ written notice to cancel lease without
compensation and require the lessee to vacate the premises.
c) Should the lessee wish to vacate the leased premises, then the lessee shall have the right
to vacate on giving 90 days written notice to cancel the lease without compensation.
2.0 RENTAL
i. The rent for the use and occupation of the premises shall be the sum of
R………………… per Month payable monthly in advance without deduction on the first
day of each month the latest being the 7th day and every month.
ii. Should the lessee pay the rent due for any particular month after the 7th day of that
month, then a penalty rent charge shall apply. The penalty rent charge shall be 10℅ of the
monthly rent. Late fees or partial payments will also incur a 10% charge after the 7th day
of the month, stipulated grace period.
2.1 The tenant shall not withhold any rent immediately prior to the termination of the
lease because the tenant believes that there may be unutilized portion remaining of the
good tenancy deposit as at the termination date of the date lease or because the landlord
has not made any developments.
The lessee acknowledges that the landlord reserves the right to evict the tenant in the
event that the rent is not paid within the herein stipulated time.
4.1 The open market rent shall be the best that would reasonably be expected for the
applicable, assuming the following circumstances:
4.1.2 The Landlord and the tenant have observed all their obligations in terms of this
agreement;
4.3 The assessment of such open market rent shall take cognisance of the rents charged for
any tenant at his expense.
Two months prior to the expiry of this lease and provided the Tenant is not in breach of any of
the conditions of the lease, the Tenant shall have the right to renew the lease for a further period
of ………………………………………. months at a new agreed market rental.
Where tenant is required to return the premises to the owner by operation of this lease agreement
or for any other reason the tenant shall evacuate by 12:00hrs on the last day of occupation.
The Tenant shall only use premises for commercial purposes. This property is leased as per
agreed terms and conditions with the landlord.
7.2 Failure by the lessee to acquire the lessors’ written permission will amount to a material
breach of this lease and the lessor will be entitled to act in terms of breach of contract.
7.3 The lessee is allowed to erect any structure for the protection of their goods/property with
the consent from the lessor.
7.4 The lessee is allowed to use refrigerators and the radio that were used by the lessor for
the period of the lease, and these will be used solely for business purposes.
8.1 The LESSOR or his agent shall be entitled to inspect the premises every three (3) months
during business hours and by appointment with lessee;
8.2 Shall have such right of access to the premises as is reasonably necessary for carrying out
the said work’
8.3 The lessor shall not be excused from specific performance of any of its obligations under
this lease, whether express or implied, and particularly (but not only) its obligations to
afford the lessee occupation and enjoyment of the premises as contemplated by this lease.
Should the Tenant fail to pay the monthly rental within 7 (seven) days of its due date, or commit
any breach of any conditions or clauses of this agreement the landlord shall have the right to
cancel and put to an end to this lease and take immediate possession of the premises, without
prejudice to the Landlords’ right to claim unpaid rent and damages or any other amounts due in
terms hereof and the Landlord without prejudice to the afore going shall in any action for
possession of the premises be entitled to claim the rent for the month in which the action is
instituted as and by a way of liquidated damages. No laxity, temporary or otherwise, of any
provisions of this Agreement shall be taken by Tenant as a precedent or justification for
continuing the same and the waiver at any time by the landlord of his rights in respect of any past
10.0 VARIANCE/WAIVER
No Agreement at variance with the terms and conditions of this Agreement shall be binding on
the parties hereto, save as regards rental, and any indulgence which the landlord may show the
Tenant, and more particularly, any act of the landlord in accepting any payments after due date
or in accepting a lesser sum than the amount due, shall not any way prejudice his rights or be
construed as a waiver of same by the landlord.
The Tenant shall not contravene or permit any contravention of the Laws and regulations of the
Township, Municipal, Government, or the conditions of tittle under which the properties are held
by the Landlord and shall at all times conform the same.
13.1 In the event that the Lessor has found a security for the premises, the security personnel will
be responsible for guarding the premises, and will be paid in agreement between the lessee and
the lessor.
The disputes to be resolved in courts of law in Zimbabwe with the assistance from the Zimbabwe
Republic Police.
16.0 JURISDICTION
The landlord shall have the option of instituting any action or proceedings arising out of this
agreement in the BEITBRIDGE Magistrates Courts and the Tenant hereby consents to the
jurisdiction of the same court. The tenant will also institute proceedings at Gwanda Magistrates
court.
IN WITNESS WHEREOF we have hereunto set our hands at ZEZANE on the said day and
date mentioned, in the presence of undersigned witnesses.
TENANT LANDLORD
NAME……………………………………….. NAME……………………………………..
I.D……………………………………………. I.D…………………………………………
SIGNATURE……………………………….… SIGNATURE………………………………
WITNESSES
MEMORANDUM OF AGREEMENT OF LEASE
1. NAME…………………………………………………………….
I.D…………………………………………………………………
SIGNATURE……………………………………………………...
2. NAME……………………………………………………………..
I.D…………………………………………………………………
SIGNATURE……………………………………………………..