How you can write an Agreement.

When it comes to writing up an agreement, you can not be careful enough considering there are usually huge amounts of money involved, legal bindings and  consequences if the agreement is broken by either one or the other party. So if you have never drafted an agreement yourself, there are a few things you first need to come to terms with for the agreement to be considered a binding legal contract. Here is how you can write up a proper legal agreement.
 
  1. Name both the parties. In the case of a rental agreement; this means the owner or agent and the tenant. Leave space for both parties’ personal details like their name, physical address, e-mail address and phone number. Then write down the property information. This would include the property address that the tenant will be renting from, also state in the agreement that the landlord will rent this property to the tenant at the address specified.
  2. Write the length of the agreement. If the agreement is for a 12month leasing period, it is important that you specify the first day, month and year of the 12 months to the last day of the 12 months; again day, month and year. If the agreement is for month-to-month leasing period, the same terms and conditions apply as for the 12 month leasing period.
  3. The financial terms of the agreement. State the monthly rental amount due by the tenant by a specific day of each month, which will apply to the specified time period of the agreement. It should also stipulate the security deposit requirements. The tenant starts the lease by giving the landlord a deposit (specify the amount) which is used to cover any damages brought on by the tenant during the lease period. At the end of the lease period, the damages would be calculated and subtracted from the initial deposit, of which the balance will be paid to the tenant.
  4. List the items that will be present inside the property during the leasing period. The tenant must provide names and detail of the occupants that will be living inside the rental property during the leasing period. Anyone who is not listed is allowed a short visit, except for children born or adopted during that time. If over occupancy occurs the landlord has the right to terminate the lease.
  5. In case of an emergency, provide an alternative contact number, address and banking details where rent and notices are to be received. Notices should be in writing and sent to the landlord or agent of the rental property. Also write out personal agreements for the tenant like whether pets are allowed; this applies to the personal agreements for the landlord concerning maintenance and security.

Once everything has been written up and explained in the agreement, both the tenant, landlord or agent should sign the agreement and keep a copy of the original, signed copy.

If you need further assistance in writing your own agreement, or are just uncertain about something visit www.agreementsonline.co.za; an online agreement specialist.

 

Please note that this information is supplied for general information and does not constitute legal advice. It is advisable for you to contact a legal practitioner for guidance in respect of your unique requirements.

 

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