Rent agreement format (leave and licence, 11 months, residential)

RESIDENTIAL RENT AGREEMENTLEAVE AND LICENCE AGREEMENT FOR RESIDENTIAL PREMISES

THIS RENT AGREEMENTLEAVE AND LICENCE AGREEMENT is made on this the ________ at ________

B E T W E E N

________, hereinafter called and referred to as the "LANDLORDLICENSOR" (which expression shall, unless excluded by or repugnant to the context, be deemed to mean and include ________ heirs, executors, administrators, legal representatives and assigns) of the ONE PART

A N D

________, hereinafter called and referred to as the "TENANTLICENSEE" (which expression shall, unless excluded by or repugnant to the context, be deemed to mean and include ________ heirs, executors, administrators, legal representatives and permitted assigns) of the OTHER PART.

The LandlordLicensor and the TenantLicensee are together called the "Parties" and each a "Party".

WHEREAS:

A. The LandlordLicensor is the absolute owner of and is seized and possessed of the residential premises described in the SCHEDULE below (the "Premises"), having acquired it ________, as recorded in ________.

B. The LandlordLicensor has represented that the Premises are free from every mortgage, charge, lien, attachment, acquisition, litigation and encumbrance, and that the LandlordLicensor has full right, power and authority to enter into this agreement.

C. The TenantLicensee requires residential accommodation for ________ person(s) of the TenantLicensee's own family, and the LandlordLicensor has agreed to let out on rentgrant leave and licence to use and occupy the Premises to the TenantLicensee, and the TenantLicensee has agreed to take the Premises, on the terms and conditions recorded below.

NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED, DECLARED AND COVENANTED BY AND BETWEEN THE PARTIES AS FOLLOWS:

I. DEFINITIONS AND INTERPRETATION

1. That in this agreement, unless the context requires otherwise: (a) "Premises" means the premises described in the SCHEDULE below together with the fixtures and fittings listed in the list of fixtures; (b) "Term" means the period stated in clause 2; (c) "Rent" means the monthly rent stated in clause 5; (d) "Security Deposit" means the amount stated in clause 9; and (e) "Commencement Date" means ________. Headings are for convenience only and do not affect the meaning of any clause.

II. TERM AND RENEWAL

2. That this tenancylicence is for a term of ________ months commencing from the Commencement Date (the "Term"), unless ended earlier in accordance with this agreement.

3. That the Term may be renewed for a further period only by a fresh written agreement signed by both Parties. If the Parties agree to renew, the Rent for the renewed term shall be increased by ________ percent on the Rent payable at the end of the Term, unless they agree another rent in writing.

4. That if the TenantLicensee continues in possession after the Term without a written renewal, the occupation shall be on a month to month basis at the Rent last payable, increased by the percent stated in clause 3, and either Party may end it by one month's written notice.

III. RENT AND PAYMENT

5. That the TenantLicensee shall pay to the LandlordLicensor a monthly rent of ________ (the "Rent"), payable in advance on or before the ________th day of every calendar month, by ________, to the bank account or in the manner notified in writing by the LandlordLicensor.

6. That the TenantLicensee shall obtain a receipt or keep proof of every payment of Rent, and the LandlordLicensor shall give a receipt on request. The Rent shall be paid in full without any deduction or set-off, except tax deducted at source where the law requires it.

7. That if any instalment of Rent is not paid by the due date, the TenantLicensee shall pay interest on the late amount at ________ percent per annum from the due date until the date of payment, without affecting any other right of the LandlordLicensor.

8. That where the law requires tax to be deducted at source from the Rent, the TenantLicensee shall deduct and deposit it with the Government and shall give the LandlordLicensor the certificate of deduction. The provision of the Income-tax law under which this is done is: ________.

IV. SECURITY DEPOSIT

9. That the TenantLicensee has paid to the LandlordLicensor today an interest free refundable Security Deposit of ________, the receipt of which the LandlordLicensor acknowledges, as security for the due performance of this agreement.

10. That the LandlordLicensor shall refund the Security Deposit within ________ days after the TenantLicensee hands over vacant and peaceful possession of the Premises, after deducting only unpaid Rent, unpaid charges for electricity, water, gas or maintenance, and the cost of repairing damage beyond normal wear and tear, each supported by a written statement. The Security Deposit shall not be treated as Rent and shall not be adjusted by the TenantLicensee against Rent during the Term.

V. USE AND OCCUPATION

11. That the TenantLicensee shall use the Premises only for residential purposes, for the TenantLicensee and the TenantLicensee's family members named here: ________. The TenantLicensee shall not use the Premises for any commercial, professional or illegal purpose, shall not run a guest house, paying guest or similar arrangement, and shall not allow more persons to live in the Premises than the number stated above without the written consent of the LandlordLicensor.

12. That the TenantLicensee shall not cause nuisance or annoyance to the neighbours, shall not store dangerous, inflammable or prohibited goods, shall follow the rules of the society, association or building where the Premises are, and shall not do anything that may invalidate the insurance of the building.

VI. ELECTRICITY, WATER AND OTHER CHARGES

13. That the TenantLicensee shall pay on or before the due date, directly or to the LandlordLicensor as billed, all charges for electricity, water, gas, internet, cable and telephone consumed at the Premises during the Term. The electricity charges shall be paid as shown by ________.

14. That maintenance and common charges of the society, association or building shall be paid as follows: ________. Property tax, municipal and water tax and other charges on the ownership of the Premises shall be paid by the LandlordLicensor, and the LandlordLicensor shall show the receipts on request.

15. That on handing over possession the TenantLicensee shall produce the final bills and receipts showing that all charges up to that date have been paid.

VII. REPAIRS, FIXTURES AND ALTERATIONS

16. That the TenantLicensee shall keep the Premises, and the fixtures and fittings in them, in good and clean condition and shall bear the cost of day to day repairs and of damage caused by the TenantLicensee or the TenantLicensee's family members or visitors. Structural repairs, repair of the roof and external walls, and major repairs of the plumbing and electrical systems which are not caused by the TenantLicensee shall be done by the LandlordLicensor within a reasonable time after written notice.

17. That the LandlordLicensor has handed over the Premises with the fixtures and fittings listed in the list of fixtures below, in good working order, and the TenantLicensee shall return them in the same condition at the end of the Term, normal wear and tear excepted.

18. That the TenantLicensee shall not make any structural change or addition, shall not drill, break or paint over the walls or fixtures in a way that damages them, and shall not install any air conditioner, geyser or heavy appliance without the prior written consent of the LandlordLicensor; any permitted improvement shall belong to the LandlordLicensor unless it can be removed without damage.

VIII. SUB-LETTING AND INSPECTION

19. That the TenantLicensee shall not sub-let, assign, part with possession of, share or give on leave and licence the Premises or any part of them, or transfer this agreement, to any person without the prior written consent of the LandlordLicensor.

20. That the LandlordLicensor or a person authorised by the LandlordLicensor may inspect the Premises at reasonable hours after giving reasonable prior notice, to see their condition and to carry out repairs.

IX. LOCK IN, TERMINATION AND HANDOVER

21. That neither Party shall end this agreement during the first ________ months of the Term (the lock in period), except for default as provided in this agreement. If the TenantLicensee leaves during the lock in period, the Rent for the unexpired part of the lock in period shall be payable by the TenantLicensee.

22. That after the lock in period, either Party may end this agreement by giving ________ month(s) prior written notice to the other Party, and the TenantLicensee shall pay the Rent up to the end of the notice period.

23. That if the TenantLicensee fails to pay the Rent for more than ________ days after it is due, or commits any other breach of this agreement and does not remedy it within ________ days of a written notice from the LandlordLicensor, the LandlordLicensor may end this agreement by a written notice and take back possession of the Premises. If the LandlordLicensor commits a breach and does not remedy it within ________ days of a written notice from the TenantLicensee, the TenantLicensee may end this agreement and claim the refund of the Security Deposit.

24. That on the end of the Term or its earlier ending, the TenantLicensee shall hand over vacant and peaceful possession of the Premises with the keys, the fixtures and fittings, and all papers, in the same condition as received, normal wear and tear excepted, and the LandlordLicensor shall refund the Security Deposit as provided in clause 10.

25. That the TenantLicensee, paying the Rent and observing the covenants of this agreement, shall peacefully enjoy the Premises during the Term without interruption by the LandlordLicensor or by any person claiming through the LandlordLicensor. The LandlordLicensor shall not enter the Premises except as provided in clause 20.

X. TITLE, VERIFICATION AND COMPLIANCE

26. That the LandlordLicensor warrants that the LandlordLicensor has a clear title to the Premises and the right to let out on rentgrant leave and licence to use and occupy it, and shall indemnify the TenantLicensee against any claim by a third party arising from a defect in that title.

27. That the TenantLicensee shall give the LandlordLicensor, and the LandlordLicensor may give to the police station of the area and to any authority as the law of the State requires, the particulars and identity documents of the TenantLicensee and the occupants for verification of the tenant, and the Parties shall co-operate with the verification. The TenantLicensee declares that the information given about the TenantLicensee and the occupants is true.

28. That each Party shall comply with every law, rule and regulation applicable to the Premises and to this agreement, and the TenantLicensee shall not do anything in the Premises that is against the law.

XI. INDEMNITY AND FORCE MAJEURE

29. That each Party shall keep the other indemnified against loss, damage, claims and expenses arising from its own breach of this agreement or its own negligence, and the TenantLicensee shall be responsible for the acts of the TenantLicensee's family members, servants and visitors in the Premises.

30. That neither Party shall be liable for delay or failure in performing this agreement caused by events beyond its reasonable control, such as fire, flood, earthquake, riot, war, epidemic or an order of a Government authority. If the Premises cannot be used for more than thirty consecutive days because of such an event, the Rent shall abate in proportion for that period.

XII. STAMP DUTY, REGISTRATION AND LAW OF THE STATE

31. That the stamp duty on this agreement shall be paid as required by the stamp law of the State of ________ (________) and shall be borne by ________. Where the law requires this agreement to be registered, or to be registered or reported to the authority, for the Term stated, the Parties shall do so (________), and the charges shall be borne by ________.

32. That this agreement is subject to ________, to the extent that law applies to the Premises and to this agreement.

XIII. NOTICES, DISPUTES AND GENERAL

33. That every notice under this agreement shall be in writing and sent by registered post or speed post, or by courier, to the address of the Party written above or to any other address notified in writing, and shall be treated as received on the third day after posting.

34. That any dispute arising out of or in connection with this agreement shall first be settled by discussion between the Parties within thirty days of a written notice of the dispute. A dispute not so settled shall be referred to a sole arbitrator appointed by mutual consent, under the Arbitration and Conciliation Act, 1996, with the seat and venue at ________, in English, and the award shall be final and binding.

35. That, subject to clause 34, the ________ alone shall have jurisdiction in respect of any dispute arising out of or in connection with this agreement.

36. That if any clause of this agreement is held to be invalid or unenforceable, the remaining clauses shall continue in full force and effect.

37. That this agreement is the entire agreement between the Parties on its subject and replaces every earlier understanding. It may be changed only by a written document signed by both Parties. No waiver of any breach shall be a waiver of any later breach.

38. That this agreement is made in two counterparts, each signed by both Parties, one kept by each Party, and each counterpart is an original. The costs of the LandlordLicensor's and the TenantLicensee's own advocates shall be borne by each of them.

THE SCHEDULE ABOVE REFERRED TO (THE PREMISES)

ALL THAT ________ on the ________ floor, having ________ bedroom(s) and a built-up area of about ________ square feet, being Flat or House No. ________, ________, ________, within the local limits of ________, in the District of ________, State of ________, PIN ________, together with the right to use the common areas and facilities, and bounded as follows:

On the North: ________
On the South: ________
On the East: ________
On the West: ________

LIST OF FIXTURES AND FITTINGS HANDED OVER

________

IN WITNESS WHEREOF the Parties have set and subscribed their respective hands on the day, month and year first above written.

SIGNED AND DELIVERED by the within named LANDLORDLICENSOR: ________

Signature: ______________________

SIGNED AND DELIVERED by the within named TENANTLICENSEE: ________

Signature: ______________________

WITNESSES:

RECEIPT: Received from the within named TenantLicensee ________ by ________ as interest free Security Deposit, and ________ as Rent for the first month, under this agreement.

Signature of the LandlordLicensor: ______________________

Drafted by: ________

Prepared in my office.

ANNEXURES: Annexure A: Identity and address proof and PAN of the LandlordLicensor and the TenantLicensee. Annexure B: Copy of the title deed and latest property tax receipt of the Premises. Annexure C: Photographs of the Premises and inventory of fixtures at the time of handing over. Annexure D: Police verification form of the TenantLicensee, where the law of the State requires it.