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Sublease Agreement Template – South Africa
A sublease agreement allows a tenant to sublet their leased premises to a subtenant. Our free South African sublease agreement template covers sublease rental in ZAR, permitted use, the subtenant's obligations, and the master lease compliance requirements under South African landlord-tenant law.
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SUBLEASE AGREEMENT
SUB-LANDLORD
Zanele Mokoena
14 Kloof Street, Gardens, Cape Town 8001
ID/Reg: 8501015009088
ID/Reg: 8501015009088
SUB-TENANT
James van der Berg
3 Buitenkant Street, Cape Town 8001
ID/Reg: 9002025009081
ID/Reg: 9002025009081
Commencement: 1 June 2026
Expiry: 31 May 2027 · Rent: ZAR 9 500,00 p.m.
This Sublease Agreement ("Agreement") is entered into between Zanele Mokoena ("Sub-Landlord") and James van der Berg ("Sub-Tenant"). The Sub-Landlord holds the premises under a head lease with Atlantic Residential Properties (Pty) Ltd dated 1 January 2025 ("Head Lease"). This sublease is subject to all the terms and conditions of the Head Lease. Written consent has been obtained from the Head Landlord.
1.
HEAD LANDLORD'S CONSENT
The Sub-Landlord warrants that it has obtained or shall obtain the written consent of Atlantic Residential Properties (Pty) Ltd to this sublease as required by section 5(1)(c) of the Rental Housing Act 50 of 1999 (for residential premises) and South African common law. Subleasing without the Head Landlord's written consent constitutes a breach of the Head Lease and may render this Agreement voidable at the election of the Head Landlord. Where consent is pending, this Agreement shall not become operative until written consent is received and provided to the Sub-Tenant.
2.
SUBLEASE OF PREMISES
Subject to the consent of the Head Landlord, the Sub-Landlord hereby subleases to the Sub-Tenant the premises situated at 14 Kloof Street, 1-bedroom apartment, Cape Town 8001 (1-bedroom apartment, first floor, Unit 3) ("Premises"), for the sole purpose of Residential occupation only. The Sub-Tenant acknowledges that this Agreement creates a sublease only and does not create any direct lease relationship between the Sub-Tenant and the Head Landlord.
3.
SUBLEASE TERM
This Agreement commences on 1 June 2026 and expires on 31 May 2027 ("Sublease Term"). The Sublease Term shall not extend beyond the term of the Head Lease. If the Head Lease is terminated for any reason, this sublease shall automatically terminate simultaneously. The Sub-Tenant shall not hold over after the expiry of the Sublease Term without the written consent of both the Sub-Landlord and the Head Landlord.
4.
RENTAL AND PAYMENT
The Sub-Tenant shall pay to the Sub-Landlord a monthly rental of ZAR 9 500,00 (ZAR 9 500) in advance on or before the 1st day of each calendar month by electronic funds transfer. Time is of the essence for payment. The Sub-Tenant shall not withhold or defer payment for any reason without the Sub-Landlord's prior written consent.
5.
SECURITY DEPOSIT
The Sub-Tenant shall pay a refundable security deposit of ZAR 9 500,00 on or before the commencement date. The deposit shall be held in trust and shall not be applied against rental during the Sublease Term without the Sub-Tenant's written consent. The deposit shall be refunded within 14 (fourteen) days of vacation of the Premises and final inspection, less lawful deductions for damage beyond fair wear and tear, rental arrears, or unpaid utilities.
6.
CONDITION OF PREMISES
The Sub-Tenant accepts the Premises in their current condition and shall maintain them in a clean and habitable state throughout the Sublease Term. The Sub-Tenant shall be responsible for minor maintenance and shall immediately notify the Sub-Landlord of any damage or defect requiring repair. The Sub-Tenant shall not make any alterations or improvements to the Premises without the prior written consent of the Sub-Landlord and the Head Landlord.
7.
USE OF PREMISES
The Sub-Tenant shall use the Premises solely for Residential occupation only and shall not use or permit the use of the Premises for any unlawful purpose or in a manner that causes a nuisance to neighbours. The Sub-Tenant shall comply with all applicable laws, by-laws, rules, and regulations applicable to the Premises and its occupation thereof, including the rules of any body corporate or homeowners' association.
8.
OBLIGATIONS UNDER HEAD LEASE
The Sub-Tenant acknowledges having been given the opportunity to read and review the Head Lease. The Sub-Tenant shall observe and comply with all terms, conditions, and obligations of the Head Lease insofar as they apply to the occupation of the Premises, except for the obligation to pay rental under the Head Lease (which remains the Sub-Landlord's obligation to the Head Landlord). Any breach by the Sub-Tenant of the Head Lease terms shall constitute a breach of this Agreement.
9.
FURTHER SUBLEASING PROHIBITED
The Sub-Tenant shall not further sublet, assign, or transfer any rights under this Agreement to any third party without the prior written consent of both the Sub-Landlord and the Head Landlord. Any purported further subletting without such consent shall be void.
10.
BREACH AND TERMINATION
If either party commits a material breach of this Agreement and fails to remedy such breach within 14 (fourteen) days of written notice requiring such remedy, the aggrieved party may cancel this Agreement on written notice. In the event of cancellation by the Sub-Landlord due to the Sub-Tenant's breach, the Sub-Tenant shall vacate the Premises forthwith. Any eviction shall be effected in accordance with the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE Act) — self-help eviction is prohibited.
11.
GOVERNING LAW
This Agreement is governed by the laws of the Republic of South Africa. Any dispute arising from or in connection with this Agreement shall be resolved in the Magistrates' Court or High Court having jurisdiction over the area in which the Premises are situated, as applicable. The parties irrevocably consent to such jurisdiction.
12.
GENERAL PROVISIONS
Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior arrangements, whether oral or written. Amendment: Any amendment must be in writing and signed by both parties. Severability: If any provision is unenforceable, the remaining provisions remain in force. Notices: All notices must be in writing and delivered to the addresses set out above. Domicilium: Each party chooses its address above as its domicilium citandi et executandi for all legal process.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date indicated.
SUB-LANDLORD
Zanele Mokoena
Date: ____________________
SUB-TENANT
James van der Berg
Date: ____________________
Available as a print-ready PDF or an editable Microsoft Word (.docx) file.
What Is a Sublease Agreement in South Africa?
A sublease agreement (also called a sub-lease) is a contract between a tenant (the sublessor) and a third party (the subtenant or sublessee) under which the tenant grants the subtenant the right to occupy and use all or part of the leased premises, for a rent and for a period that falls within the remaining term of the master lease. The original tenant remains a party to and bound by the master lease — they do not exit the tenancy but instead introduce a subtenant to share or take over the premises. The sublessor remains liable to the landlord under the master lease for all rental and other obligations, including any defaults by the subtenant.
In South Africa, the right to sublet is governed by the terms of the master lease agreement. Most South African residential and commercial leases prohibit subletting without the landlord's prior written consent. A sublease concluded without the required landlord consent is a breach of the master lease and may give the landlord grounds to cancel the master lease. Before subletting in South Africa, the tenant must obtain the landlord's written consent unless the master lease expressly permits subletting. The subtenant acquires no greater rights in the property than the sublessor has under the master lease.
For residential subleases, the Rental Housing Act 50 of 1999 and the Consumer Protection Act 68 of 2008 apply to the sub-tenancy to the same extent they apply to the master tenancy. This means the subtenant has the same rights as any residential tenant in South Africa — including the right to a habitable dwelling, protection against unfair practices, and access to the Rental Housing Tribunal. The PIE Act 19 of 1998 applies to the eviction of a subtenant from residential premises just as it applies to the eviction of a primary tenant. POPIA 4 of 2013 applies to the personal information of the subtenant processed in connection with the sub-tenancy.
What's Covered in This Template
Our South African sublease agreement template covers all essential terms for a compliant and enforceable sub-tenancy.
Sublessor and Subtenant Details
Full names, identity numbers, and addresses of the sublessor (primary tenant) and the subtenant.
Landlord Consent Confirmation
Confirmation that the landlord has granted written consent to the sublease, or reference to the consent clause in the master lease.
Premises Description
Description of the portion or whole of the premises being sublet, including any shared areas and parking.
Sublease Term
Commencement date and expiry date of the sublease, which must fall within the remaining term of the master lease.
Sublease Rental in ZAR
Monthly sublease rental in ZAR (R), payment due date, and consequences of late payment.
Deposit
Deposit amount payable by the subtenant, with reference to Rental Housing Act obligations for residential subleases.
Master Lease Compliance
Subtenant's obligation to comply with all terms of the master lease and not to cause the sublessor to breach the master lease.
Permitted Use
The permitted use of the premises under the sublease — consistent with the permitted use in the master lease.
Maintenance and Utilities
Allocation of maintenance responsibilities and utility costs between sublessor and subtenant.
Termination of Master Lease
Effect on the sublease if the master lease is terminated early and the sublessor's obligations to the subtenant.
Governing Law
South African law governs the sublease, with the appropriate South African court or Rental Housing Tribunal having jurisdiction.
How to Create a Sublease Agreement in South Africa
Follow these steps to produce a valid and compliant South African sublease agreement.
- 1
Obtain Landlord's Written Consent
Before subletting in South Africa, obtain the landlord's written consent unless the master lease expressly permits subletting.
- 2
Identify the Parties and Premises
Record the sublessor's and subtenant's details and describe the portion of premises being sublet.
- 3
Set the Sublease Term and Rental
Specify the sublease start and end dates (within the master lease term) and the monthly rental in ZAR (R).
- 4
Address Master Lease Compliance
Include provisions requiring the subtenant to comply with the master lease terms and not to cause a breach.
- 5
Review and Download
Review the sublease for South African legal compliance, download as a PDF, and have both parties sign with copies retained.
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Legal Considerations
South African subleases require landlord consent and must comply with the master lease and applicable residential tenancy legislation.
This template is for informational purposes only and does not constitute legal advice. Consult a qualified South African attorney for advice specific to your situation.
Reviewed for South African law
Landlord Consent Requirement
Most South African lease agreements require the tenant to obtain the landlord's prior written consent before subletting. Subletting without consent constitutes a breach of the master lease and may entitle the landlord to cancel the master lease, evict both the tenant and the subtenant, and claim damages. Before entering into a sublease, the tenant should obtain written consent from the landlord. The landlord's consent should not be unreasonably withheld in a residential context under the Rental Housing Act 50 of 1999, but commercial landlords may have broader discretion.
Sublessor's Continued Liability to the Landlord
When a South African tenant subleases their premises, the original tenant (sublessor) remains fully liable to the landlord under the master lease for all rental, damage, and other obligations — including those caused by the subtenant. If the subtenant fails to pay sub-rent, the sublessor must still pay the full rental to the landlord. The sublessor's remedy is a claim against the subtenant under the sublease agreement. This risk means the sublessor should carefully vet the subtenant's financial capacity before subletting in South Africa.
PIE Act and Subtenant Eviction
A subtenant occupying residential premises in South Africa has the same constitutional and statutory protections as a primary tenant. The PIE Act 19 of 1998 applies to the eviction of a subtenant — a court order is required. If the master lease is cancelled (for example, because the sublessor fails to pay rent to the landlord), the sublease automatically terminates, but the landlord or sublessor must still obtain a court order to evict the subtenant. The subtenant may have separate rights against the sublessor for breach of the sublease.
Frequently Asked Questions
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