THIS AGREEMENT is made on this 2021/10/19, by and between :
having permanent residence at herein referred to as the LANDLORD which expression, shall unless repugnant to the context or meaning thereof, mean and include it's successors and assigns) of the FIRST PART.
having permanent residence at , herein referred to as the TENANT which expression, shall unless repugnant to the context or meaning thereof, mean and include it's successors and assigns) of the SECOND PART.
The 'Landlord' and the 'Tenant' shall be individually referred to as 'Party' and collectively as 'Parties'.
1. The Landlord is the absolute owner and in physical possession of the 'Premises' situated at consisting of and inbuilt fittings and fixtures and inventory of equipments as detailed in Annexure 1 (hereinafter referred to as 'the 'Premises'') having carpet area .
2. The Landlord, as the absolute owner of the property has all the rights to rent out the said 'Premises' or any part thereof at such terms and conditions as he may think fit at his sole discretion.
The Tenant is desirous to take on rent the said ‘Premises’ for the purposes of residence and the Landlord has agreed to the same in accordance with the terms and conditions laid henceforth;
Terms & Conditions
1.1. That the term of this Agreement shall be months, which shall commence on (hereinafter referred to as the 'Effective Date') and shall remain in effect for a period of months up to , unless otherwise terminated in accordance with this Agreement. Thereafter, the same may be extended further on mutual consent of both the parties.
2.1. That the Tenant agrees to pay to the Landlord a sum of Rs. per as rent for the rented 'Premises'. The rent shall be paid in advance. The Tenant shall make such payment in lieu of the rent on or before the 7 th of each calendar month.
3. Security Deposit
3.1. That the Tenant, upon execution of this Agreement, shall pay to the Landlord a sum of Rs. by way of .
4. Use of 'Premises'
4.1. That the rented 'Premises' shall be used by the Tenant solely for the purposes of Residence.
4.2. That the Tenant agrees to comply with all the present and future laws, ordinances and regulations of any public authority relating to the use of the 'Premises'. The Tenant further agrees to comply with any Rules, Regulations, Laws, Bye-laws of the Municipal Corporation or any other local authority having jurisdiction over the 'Premises'.
5. Utilities and Taxes
5.1. That the Landlord undertakes to pay all taxes and any other charges of a public nature which may be assessed against the property of which, the rented 'Premises' covered by this Rent Agreement forms a part.
5.2. That the Tenant undertakes to pay all charges related to the electricity or water charges in lieu of the rented 'Premises' and any other charges of a recurring nature save and except those covered under the clause 5.1 of this Agreement.
5.3. That the Tenant shall pay to the Landlord a maintenance charges of Rs. towards maintenance of property
6. Maintenance and Condition
6.1. The Tenant agrees to maintain the rented ‘Premises’ in good and habitable conditions during the term of this Agreement.
6.2. The Tenant in case of any major problem, malfunction, or damages (except minor issues and normal wear and tear as covered in Clause 15 b ), upon the rented ‘Premises’ shall notify to the Landlord about the same and the Landlord after getting notified of such issue shall take such measures within a reasonable amount of time to fix the same.
7. Alterations and Modifications
7.1.The Tenant shall not be allowed to make structural alterations and modifications relating to the rented ‘Premises’ without taking prior permission from the Landlord, but the Tenant can install air-conditioners in the space provided and other electrical gadgets and make such changes for the purposes as may be necessary, at his/her own cost. The Landlord represents that the Premises possesses the adequate electrical infrastructure to cater for the electrical appliances including the air conditioners. On termination of the tenancy or earlier, the Tenant shall be entitled to remove such equipments and restore the changes made, if any, to the original state.
7.2.The Landlord shall not make any alterations or modifications to the rented ‘Premises’ without giving a prior written notice of days to the Tenant.
8.1.That the Tenant shall not sublet, assign or part with the ‘Premises’ in whole or part thereof to any person in any circumstances whatsoever and the same shall be used for the bonafide purposes as per this Agreement only.
9.1. This Agreement shall terminate on completion of the term as stipulated in clause 1.1 of this Agreement.
9.2. Either party may terminate this Agreement by giving a notice of days to the other party during the term of this Agreement
10.1.Either party at the end of the term of this Agreement shall communicate to the other party by way of a written notice before expiry of days prior to the termination of this Agreement about its intention to renew this Agreement.
10.2.The parties after obtaining prior consent of the other party may enter into a new Agreement in this regard as per the terms and conditions then established between the parties with regard to such renewal.
11. Force Majeure
11.1. Neither party shall be held liable for failure to perform any of its rights and obligations under this Agreement, if such acts of failure are due to any act of God, fire, earthquake, floods, or any natural calamities or transportation embargoes, civil commotion, riots, violence, acts of terrorists, state enemies, or any other similar reasons or circumstances beyond the control of the parties.
12. Governing Law and Dispute Resolution
12.1. This agreement shall be constructed and interpreted in accordance with the laws of India. Courts, to the exclusion of all other Courts elsewhere in India, shall have jurisdiction to try any dispute arising out of this Agreement.
12.2. In case any dispute or difference arises between the Parties in connection with any matter relating to this agreement, including termination thereof, then at the option of the Parties, the same shall be referred to arbitration by a Sole Arbitrator appointed by . The decision of the sole arbitrator shall be final and binding on the Parties. The provisions of the Arbitration and Conciliation Act, 1996 and Amendments, if any, thereto shall be applicable to such arbitration. The place of Arbitration shall be .
13. Amendment/ Waiver
13.1. Neither Party shall be entitled to amend or modify any of the terms and conditions of this Agreement unless otherwise specifically agreed to in writing between the Parties.
13.2. No failure to exercise and no delay in exercising any right or remedy under this Agreement shall operate as a waiver thereof. No waiver or consent hereunder shall be applicable to any events, acts, circumstances except those specifically covered thereby.
14. That the Landlord hereby assures to the covenants with the Tenant that:
a. The Tenant as herein contained, shall be entitled to peaceful and quiet enjoyment of the ‘Premises’ during the period of this Rent Agreement, free from any interference, interruption, or unreasonable objection from the Landlord.
b. The Landlord shall indemnify and keep the Tenant fully indemnified and held harmless from and against all damages, liabilities, costs and expenses caused to or incurred by the Tenant as result of any defect in the title of the Landlord, which disturbs or interferes with the possession and enjoyment of the ‘Premises’ by the Tenant under the covenants herein before contained.
c. In the event the Landlord transfers, alienates or encumbers or otherwise howsoever disposes of or deals with the ‘Premises’ or any part thereof or its right, title and interest therein during the terms of the present Agreement, or further extended period, the Landlord shall intimate the Tenant about the same in writing and the future owner or successor-in-title of the ‘Premises’ shall be bound to honor the terms of this Agreement, including further extensions as stated hereinabove and Landlord shall get an undertaking from the said purchaser / transferee to that effect.
d. The Landlord shall acknowledge and give valid receipts/invoices for each payment made by the Tenant to the Landlord, which shall be treated as conclusive proof of such payments.
e. The ‘Premises’ is free from all encumbrances and the Landlord has not entered into any agreement or arrangement for disposing or dealing with the premises or any part thereof/or the Landlord’s title, right, and interest in the ‘Premises’ in any manner, so as to cause hindrance in peaceful enjoyment of the property by the Tenant, during the validity of the Agreement.
f. The Landlord confirms that in case for any reason whatsoever the premises in reference or any part thereof cannot be used for the purposes mentioned in the Agreement, because of any earthquake, civil commotion, or due to any natural calamity or if the ‘Premises’ is acquired compulsorily by any authority, over which the Tenant has no control, the Tenant shall have the right to terminate the Agreement forthwith and vacate the premises and the Landlord shall refund the security deposit or the rent received in advance to the Tenant forthwith.
g. The Landlord represents that the ‘Premises’ is free from all construction defect(s), including but not limited to all moisture related construction defects such as leakage, cracks in house walls including that of compound walls, breakage of floor tiles, etc.
h. The Landlord represents that he/she has complied with all the statutory payments of the property including that of taxes, penalties if any and statutory dues to the local authority including but not limited to municipality, village panchayat, development authority, departments of electricity, sewage and/ or water. The Landlord also represents that there is no charge due (including mortgage) on the ‘Premises’ which would affect the peaceful possession of ‘Premises’ by the Tenant.
15. That the Tenant hereby assures to the covenants with the Landlord that:
a. That the Tenant will keep the Landlord harmless and keep him/her exonerated from all losses (whether financial or life), damage, liability or expense occasioned or claimed by reasons of acts or neglects of the Tenant or his/her visitors, employees, whether in the ‘Premises’ or elsewhere in the building, unless caused by the negligent acts of the Landlord.
b. The Tenant shall maintain the ‘Premises’ in good and tenable condition and all the minor repairs (including wear and tear) such as leakage in the sanitary fittings, water taps and electrical usage etc. shall be carried out by the Tenant. That it shall be the responsibility of the Tenant to hand over the vacant and peaceful possession of the ‘Premises’ on expiry of the Agreement, or on its early termination, as stated hereinabove in the same condition subject to natural wear and tear.
c. That in case, where the ‘Premises’ is not vacated by the Tenant, at the termination of the Rent period/Agreement, the Tenant will pay damages calculated at two times the rent for any period, of occupying of the ‘Premises’ commencing from the expiry of the Agreement/rent period. The payment of damages as aforesaid will not preclude the Landlord from initiating legal proceedings against the Tenant for recovering possession of ‘Premises’ or for any other purpose.
d. That the Landlord shall hold the right to visit in person or through his/her authorized agent(s), servants, workmen etc., to enter upon the ‘Premises’ for inspection (not exceeding once in a month) or to carry out repairs / construction, as and when required, by giving a 24 hours notice to the Tenant.
16.1. That this Rent Agreement has a lock-in-period of months and cannot be terminated by either party before this period. That only after the completion of this lock-in-period, the Tenant can terminate the Agreement by giving a days notice to the Landlord or the rent in lieu of. Likewise, after the completion of lock-in-period, the Landlord can also terminate the Rent Agreement by giving days notice to the Tenant.
16.2. That in the event of non-payment of rent by the Tenant during the lock-in period being in arrears for 2 consecutive months despite reminder issued by Landlord on such rent, the Landlord shall have the right to terminate the Rent Agreement with immediate effect and take back possession of the ‘Premises’.
17. That both the parties shall observe and adhere to the terms and conditions contained hereinabove.
18. That the Tenant and Landlords represent and warrant that they are fully empowered and competent to make and sign this Rent Agreement.
19. That the Rent Agreement will be registered in front of registrar and the charges towards stamp duty, court fee & lawyer/coordinator will be equally borne by the Landlord & Tenant.
20.1. The notices and any other communication issued in pursuance of this Agreement by either Party shall be sent to the registered address of the other Party as has been designated above.
IN WITNESS WHEREOF, and intending to be legally bound, the Parties have duly executed this Agreement as of the date first written above.
(As entered by the user)
List of fixtures and fittings provided in the Premises .