(Querist) 31 March 2009
This query is : Resolved
My house owner(Lesser) sent a rental aggreement to me for verification before going for aggreement . On going thro' the document i came to know all the points favour to him only. please let me know any safety point can I(Lessee) include on this document on favour of me which is legal. Please verify the aggreement content and add additional points which favours and safety to me also. Your suggestions are very much valuable to me.Following the document.
This Agreement of Lease executed at Chennai this 1st day of April 2008 between [HouseOwner] , aged about 44 Years, [address] hereinafter called and referred to as the Lessor which term wherever the context so permits or require shall also mean and include himself, his respective heirs, executors, administrator, legal and personal representatives, successors, nominees, beneficiaries and assigns of the ONE PART AND Mr. R. Ragu, [Address]. Hereinafter called and referred to as the Lessee which term wherever the context so permits or required shall also mean and include himself, his respective heirs, executors, administrator, legal and personal representatives, successors, nominees, beneficiaries and assigns of the OTHER PARTY WITNESSTH:
WHEREAS the Lessor is the absolute owner of Flat [Address], hereinafter called the above said premises and whereas the Lesser has agreed to lease and the lessee has agreed to take on lease the said premises on the following conditions. 1. The term of this lease shall commence with effect from 01.03.2009. 2. The period of lease shall be for eleven months as and from 01.03.2009 to 31.02.2010. 3. The Lessee shall pay a rent of Rs.6000/- (Rupees Six thousand only) per month and the said rent is payable on or before the 5th of every succeeding English Calendar month. 4. The Lessee has paid this day to the lesser a sum of Rs.40,000/- (Rupees Forty thousand only) as security deposit, the receipt of which the Lesser hereby permits and acknowledges. The said deposit will be returned by the Lessor without any interest on the date of handing over vacant possession of the said premises charges and the cost of any damage if any, caused to the said premises due to the negligence of the Lessee. 5. It is absolutely resolved between the two parties whether he or she should not make enter into any agreement or sub-lease on my contract to the above said properly on any circumstances hitherto. 6. The Lessee shall not make any additions, alterations, variations of structural nature in the said premises or any part thereof without first obtaining the written consent of the leaser. 7. The Electricity consumption charge shall be paid by the lessee regularly as per the Board Tariff. 8. The Lesser or his authorized representative will enter/inspect the said premises whenever necessary during reasonable hours in day time on due notice being given in order to examine the state and condition of to attend to and necessary repairs or to show the said premises for the prospective future tenants/ purchaser/lenders. 9. The lessee shall pay the building maintenance charges regularly as per the terms and conditions of the society. 10. The lessee hereby agrees to deliver the possession of the said premises in good order and proper condition after the expiration or sooner termination of the said terms subject to performance by the Lesser. 11. While vacating, the lessee shall remove his own fixtures and fittings. Air conditioners and other appliances if any ensuring that no damage is done to the structure of the building or part thereof. 12. The lessee commits default in paying the monthly rent on the due dates for three consecutive months. The lesser is entitled to terminate the agreement, enter upon the said premises and take possession of the same without any hindrance from the lessee. 13. The lessee hereby agrees not to state any hazardous material in the premises, which will cause damage to the property. 14. The lessee furthe
There is nothing unusual in the agreement. Most of the agreements now a days are on the above lines only.
A few points which need highlighting is that while it talks of damages to the property , it does not except the normal wear and tear. Secondly it does not give you right of premature termination of lease in any case. Normally it should be terminable by giving one or two months' notice.
Otherwise agreement is by and large alright, if any of the conditions are not which you have not bargained for.
adv. rajeev ( rajoo )
(Expert) 31 March 2009
Dear ragh I agree with Sri Ashok and it is better to add some more points like If lessor wants to vacate the lessee he should be given one or two months time to vacate the house. And lessor agrees to pay the security deposit immediately after the lease period is over. Lesse has got right to be in the house till the security deposit is refunded. In my opinion these are good conditions.
(Expert) 31 March 2009
Mr. Garg and mr. Rajeev have given valuable suggestions.
(Expert) 01 April 2009
What about the renewal options ?
(Querist) 03 April 2009
Hi all, thanks for your valuable suggestions. Mr.Ashey you had queried about the renewal points. Actually what it means for?
(Expert) 03 April 2009
renewal of lease after the expiry of lease period
(Expert) 04 April 2009
I agree with my learned friends. Please try to follow their valuable opinions.