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Published byStephany Day Modified over 9 years ago
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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, for a period of time, in return for a certain or acertainable price, which the Lessee undertakes to pay.
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Specified property or thing Use and enjoyment of the property For a period (temporary) For a price (rent)
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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
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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
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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
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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
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Expiration of the specified period By notice By agreement Cancellation Supervening impossibility of performance Merger
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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
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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
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Applies to all residential leases No discrimination Rights of landlords and tenants ◦ Inspection ◦ Deposits ◦ Receipts etc…. Rental housing tribunal
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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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