RESIDENTIAL LEASE

 

LEASE AGREEMENT, entered into between ___________ (Lessor)of the ONE PART; and __________ (Lessee) of the OTHER PART.

WHEREAS the Lessor is the owner of the ____

IT IS NOW for good consideration it is agreed between the parties as follows:

1.  Location:  Lessor hereby leases and lets to Lessee the premises described as follows: _________

2.  Term: This lease shall be for a term of _____ year(s), commencing on__________, 20_____.

3.  Rent: Lessee shall pay Lessor the annual rent of Rs________ during said term, in monthly payments of Rs_______, each payable monthly on the first day of each month in advance at such place as we may from time to time specify by written notice to you. Lessee shall pay a security deposit of Rs_______ to be returned upon termination of this Lease and the payment of all rents due and performance of all other obligations.

4.  Utilities and Services:  Lessee shall at its own expense provide the following utilities or services: Lessee must pay promptly as they become due all charges for furnishing ____________[specify, e.g., water, electricity, garbage service, and other public utilities] to the premises during the lease term.

Lessor shall at its expense provide the following utilities or services: [specify]

Lessor does not warrant the quality or adequacy of the utilities or services specified above, nor does Lessor warrant that any of the utilities or services specified above will be free from interruption caused by repairs, improvements, or alterations of the building or the Apartment or any of the equipment and facilities of the building, any labor controversy, or any other causes of any kind beyond Lessor’s reasonable control. Any such interruption--and any other inability on our part to fulfill our lease obligations resulting from any such cause--will not be considered an eviction or disturbance of Lessee’s use and possession of the Apartment, or render us liable to you for damages, or relieve you from performing your lease obligations.

5.  Lessee further agrees that:

a) Condition of Premises: Upon the expiration of the Lease it shall return possession of the leased premises in its present condition, reasonable wear and tear, fire casualty excepted. Lessee shall commit no waste to the leased premises.

b) Assignment or Subletting: Lessee shall not assign or sublet said premises or allow any other person to occupy the leased premises without Lessor's prior written consent.

c) Alterations: Lessee shall not make any material or structural alterations to the leased premises without Lessor's prior written consent.

d) Compliance with Law: Lessee shall comply with all building, zoning and health codes and other applicable laws for the use of said premises.

e) Lessee’s Conduct: Lessee shall not conduct on premises any activity deemed extra hazardous, or a nuisance, or requiring an increase in fire insurance premiums.

f) Pets: Lessee shall not allow pets on the premises.

g) Right of Termination and Re-Entry: In the event of any breach of the payment of rent or any other allowed charge, or other breach of this Lease, Lessor shall have full rights to terminate this Lease in accordance with state law and re-enter and re-claim possession of the leased premises, in addition to such other remedies available to Lessor arising from said breach.

7.  Subordination:  This Lease shall be subordinate to all present or future mortgages against the property.

8.  Time of Essence: Time is of the essence in this agreement.

9.  Indemnity: Lessee will indemnify and hold Lessor and Lessor’s property--including the leased premises--free and harmless from any liability for injury to or death of any person, including Lessee, or for damage to property arising from Lessee’s using and occupying the premises or from the act or omission of any person or persons, including Lessee, in or about the premises with Lessee’s express or implied consent.

10.  Binding of Heirs and Assigns: Subject to the provisions of this lease against assignment of Lessee’s interest under this lease, all lease provisions extend to and bind, or inure to the benefit of, the parties to this lease and to every heir, executor, representative, successor, and assign of both parties.

11.  Rights and Remedies Cumulative: The rights and remedies under this lease are cumulative, and either party's using any one right or remedy will not preclude or waive that party's right to use any other. These rights and remedies are in addition to any other rights the parties may have by law, statute, ordinance, or otherwise.

12.  Indian Law To Apply: This agreement is to be construed under Indian law, and all obligations of the parties created under this lease are performable at Mumbai (City where property is situated)

13.  Legal Construction: If any one or more of the lease provisions are for any reason held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision of this lease, which will construed as if it had never included the invalid, illegal, or unenforceable provision.

14.  Prior Agreements Superseded: This agreement constitutes the only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter.

15.  Amendment: No amendment, modification, or alteration of this lease is binding unless in writing, dated subsequent to the date of this lease, and duly executed by the parties.

16.  Additional Lease terms:

IN WITNESS OF THIS AGREEMENT, the Lessor and Lessee execute this agreement as of the day and year first above written.

Signed Sealed and Delivered by the 
withinnamed "LESSOR" Mr.______
in the presence of ______________
Signed Sealed and Delivered by the
withinnamed ":LESSEE" ________
through its authorised signatory 
Mr.__________________________
In the presence of Mr.___________

 

ABSOLUTELY NO WARRANTIES ARE MADE REGARDING THE SUITABILITY OF THESE FORMS FOR ANY PARTICULAR PURPOSE. IT IS ADVISABLE THAT IMPORTANT DOCUMENTATIONS ARE PREPARED OR VETTED BY EXPERT. LEGAL ADVICE OF ANY NATURE SHOULD BE SOUGHT FROM COMPETENT, INDEPENDENT, LEGAL EXPERT IN THE RELEVANT JURISDICTION.
 
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