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R Vijaykumar (Chairman)     21 October 2017

Permissible clauses in leave & licence agreement in chennai

I rented out a residential flat after painting, etc for a eleven month period with provisions for two months notice and for continuing the agreement for three periods of eleven months during which no increase would be made in rent for the second period but ten per cent increase for the third period. I also included a clause that if tenant vacated duringt the first period itself, an amount of Rs 30000 would be payable towards repainting, Rs 20000 in the second period ad Rs 10000 in the third period and nil thereater. I was told  by a lawyer recently that this clause would be in conflict with the eleven month term (renewable) as specified in the tenancy agreement and will then become unenforceable. Please advise.



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