11 April 2011
I am planning to give my flat in Kolkata on rent. I would like to know what would be the best way to go about the agreement with the tenant to minimise any type of legal complications that may arise in the future.
1. The Tenant shall pay a monthly rent of Rs.1800/- (Rupees Six thousand only) according to English calendar month on or before 10th of the succeeding month; tenancy being residential.
2. The Landlord shall retain the aforesaid advance amount of Rs.25,000/- (Rupees Twenty five Thousand only) which has been paid by the Tenant to the Landlord and this amount shall be refundable to the Tenant by the Landlord without interest when the Tenant vacates and delivers vacant possession of the demised premises to the Landlord.
3. The Tenant shall not sublet or part with possession of the demised premises or any part thereof in favour of any party;
- 3 - 4. The Tenant unless permitted in writing by the landlord shall not carry on any trade or business upon the said premises or permit the same to be used or occupied in any other manner but for the purpose intended only.
5. The Tenant shall not carry on any trade, business activity in the demised premises which is opposed to law, morality, public policy and illegal.
6. The Tenant shall not errect or permitted to be errected on the demised portion any building or structure except with the approval of the Landlord.
7. The Tenant on the expiration or earlier determination of the tenancy, deliver peaceful vacant possession of the premises in its entirety together with all improvement, if any, done thereto without any claim or compensation on that account and the Landlord shall refund the above mentioned advance deposit to the Tenant on delivery of such possession of the demised portion by the Tenant to the Landlord.
8. The tenant shall during all the time of the occupation of the demised premises keep and maintain the same in good manner.
9.This Tenancy Agreement comes into force with effect from 03/01/2009.
10. This Tenancy Agreement is valid for a period of Eleven Months only.
- 4 - 11. In case the agreement is extended for a further period of 11 months, the tenant shall agree to pay a sum of Rs.2000/- per month as rent. 12. On the expiry of the said period of tenancy, this agreement shall be renewable at the option of either party on such terms and conditions as they mutually agree for a further period of 11 months. 13. The Tenant shall pay electricity consumption charges as per the reading of the TNEB meter and at the rate fixed by the Tamil Nadu Electricity Board. 14. Either party shall have the right to terminate the tenancy during the said term of 11 months by giving 3 months notice in writing.
SCHEDULE A residential portion of the building bearing *******************
IN WITNESS WHEREOF THE PARTIES HAVE PUT THEIR SIGNATURE HEREINUNDER ON THE DAY MONTH AND YEAR FIRST ABOVE WRITTEN.
11 April 2011
Tenancy agreement in Kolkata is not compulsorily registrable. The tenancy In kolkata is both governed by West Bengal Premises Tenancy Act and Transfer of Property Act depending upon the rate of rent. So you first mention the rate of rent so that it could be understood the law governing the subject as the Rent Act in West Bengal strictly in favour of the tenant and hence it requires expertise to draft a tenancy agreement in Kolkata to avoid future complications. To add a little the most number of cases pending in the courts in and around Kolkata is tenancy related cases.