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 Lease is a contract whereby one party (Lessor/Landlord) undertakes to give the other (Lessee/Tenant), the use of a thing, either partially or in full,

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Presentation on theme: " Lease is a contract whereby one party (Lessor/Landlord) undertakes to give the other (Lessee/Tenant), the use of a thing, either partially or in full,"— Presentation transcript:

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2  Lease is a contract whereby one party (Lessor/Landlord) undertakes to give the other (Lessee/Tenant), the use of a thing, either partially or in full, for a period of time, in return for a certain or acertainable price, which the Lessee undertakes to pay.

3  Specified property or thing  Use and enjoyment of the property  For a period (temporary)  For a price (rent)

4  To deliver use & occupation or enjoyment of the property  To deliver the property in a proper condition & to maintain the property  Not to interfere with the Lessee’s use & to protect him against eviction  To compensate the Lessee for additions & improvements  To pay taxes

5  To pay the rent  To use the property for the purpose for which it was let & to take care of the property  To return the property undamaged

6  Tenant does not pay the rent  The tenant misuses the property  The tenant fails to return property at end of lease  The tenant returns the property in a damaged state

7  If landlord breaches duty to deliver property  If landlord fails to maintain property  If landlord breaches warranty against interference  If property sold during lease  If tenant makes improvements to property

8  Expiration of the specified period  By notice  By agreement  Cancellation  Supervening impossibility of performance  Merger

9  Lessee may sub-lease unless prohibited  May assign rights & duties with consent  May cede rights unless prohibited  May only delegate duties with consent  Huur gaat voor koop

10  Landlord automatically acquires a hypothec over all movables (even if belonging to 3 rd party) on premises as soon as tenant in arrear with rent.  Landlords Automatic Rent Interdict

11  Applies to all residential leases  No discrimination  Rights of landlords and tenants ◦ Inspection ◦ Deposits ◦ Receipts etc….  Rental housing tribunal

12  Limitation of period of lease to two years  Requirement to bring any limitation of risk to tenants attention  Must not be unfair  Plain language etc


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