- LEASE AGREEMENT
-
THIS LEASE AGREEMENT
(hereinafter referred to as the
"Agreement") made and entered into this
____ day of _____, 20__, by and between _____,
whose address is _____(hereinafter referred to as
"Lessor") of the ONE PART; AND
_____(hereinafter referred to as
"Lessee") of the OTHER PART.
WHEREAS, Lessor is
the owner of certain real property being, lying
and situate in _____
AND WHEREAS,
Lessor is desirous of leasing the Premises to
Lessee upon the terms and conditions as contained
herein;
AND WHEREAS,
Lessee is desirous of leasing the Premises from
Lessor on the terms and conditions as contained
herein;
NOW, THEREFORE, for
and in consideration of the sum of Rs.___, the
covenants and obligations contained herein and
other good and valuable consideration, the
receipt and sufficiency of which is hereby
acknowledged, the parties hereto hereby agree as
follows:
TERM.
Lessor leases to Lessee and Lessee leases from
Lessor the above described Premises together with
any and all appurtenances thereto, for a term of
______ year(s), such term beginning on
__________________, and ending at 12 o'clock
midnight on ______________________.
RENT.
The total rent for the term hereof is the sum of
Rs.____________________________ payable on the
______ day of each month of the term, in equal
installments of Rs.______ first and last
installments to be paid upon the due execution of
this Agreement, the second installment to be paid
on _______________________. All such
payments shall be made to Lessor at Lessor's
address as set forth in the preamble to this
Agreement on or before the due date and without
demand.
DAMAGE DEPOSIT.
Upon the due execution of this Agreement, Lessee
shall deposit with Lessor the sum of Rs._________
receipt of which is hereby acknowledged by
Lessor, as security for any damage caused to the
Premises during the term hereof. Such
deposit shall be returned to Lessee, without
interest, and less any set off for damages to the
Premises upon the termination of this Agreement.
USE OF PREMISES.
The Premises shall be used and occupied by Lessee
and Lessee's immediate family, consisting of
______________________ __________________________
____________, exclusively, as a private single
family dwelling, and no part of the Premises
shall be used at any time during the term of this
Agreement by Lessee for the purpose of carrying
on any business, profession, or trade of any
kind, or for any purpose other than as a private
single family dwelling. Lessee shall not
allow any other person, other than Lessee's
immediate family or transient relatives and
friends who are guests of Lessee, to use or
occupy the Premises without first obtaining
Lessor's written consent to such use.
Lessee shall comply with any and all laws,
ordinances, rules and orders of any and all
governmental or quasi-governmental authorities
affecting the cleanliness, use, occupancy and
preservation of the Premises.
CONDITION OF
PREMISES. Lessee stipulates, represents
and warrants that Lessee has examined the
Premises, and that they are at the time of this
Lease in good order, repair, and in a safe, clean
and tenantable condition.
ASSIGNMENT AND
SUB-LETTING. Lessee shall not assign
this Agreement, or sub-let or grant any license
to use the Premises or any part thereof without
the prior written consent of Lessor. A
consent by Lessor to one such assignment,
sub-letting or license shall not be deemed to be
a consent to any subsequent assignment,
sub-letting or license. An assignment,
sub-letting or license without the prior written
consent of Lessor or an assignment or sub-letting
by operation of law shall be absolutely null and
void and shall, at Lessor's option, terminate
this Agreement.
ALTERATIONS AND
IMPROVEMENTS. Lessee shall make no
alterations to the buildings or improvements on
the Premises or construct any building or make
any other improvements on the Premises without
the prior written consent of Lessor. Any
and all alterations, changes, and/or improvements
built, constructed or placed on the Premises by
Lessee shall, unless otherwise provided by
written agreement between Lessor and Lessee, be
and become the property of Lessor and remain on
the Premises at the expiration or earlier
termination of this Agreement.
NON-DELIVERY OF
POSSESSION. In the event Lessor cannot
deliver possession of the Premises to Lessee upon
the commencement of the Lease term, through no
fault of Lessor or its agents, then Lessor or its
agents shall have no liability, but the rental
herein provided shall abate until possession is
given. Lessor or its agents shall have
thirty (30) days in which to give possession, and
if possession is tendered within such time,
Lessee agrees to accept the demised Premises and
pay the rental herein provided from that date.
In the event possession cannot be delivered
within such time, through no fault of Lessor or
its agents, then this Agreement and all rights
hereunder shall terminate.
HAZARDOUS
MATERIALS. Lessee shall not keep on the
Premises any item of a dangerous, flammable or
explosive character that might unreasonably
increase the danger of fire or explosion on the
Premises or that might be considered hazardous or
extra hazardous by any responsible insurance
company.
UTILITIES.
Lessee shall be responsible for arranging for and
paying for all utility services required on the
Premises.
MAINTENANCE AND
REPAIR; RULES. Lessee will, at its sole
expense, keep and maintain the Premises and
appurtenances in good and sanitary condition and
repair during the term of this Agreement and any
renewal thereof. Without limiting the
generality of the foregoing, Lessee shall:
(a)
Not obstruct the driveways, sidewalks, courts,
entry ways, stairs and/or halls, which shall be
used for the purposes of ingress and egress only;
(b) Keep
all windows, glass, window coverings, doors,
locks and hardware in good, clean order and
repair;
(c)
Not obstruct or cover the windows or doors;
(d) Not
leave windows or doors in an open position during
any inclement weather;
(e)
Not hang any laundry, clothing, sheets, etc.
from any window, rail, porch or balcony nor air
or dry any of same within any yard area or space;
(f)
Not cause or permit any locks or hooks to be
placed upon any door or window without the prior
written consent of Lessor;
(g) Keep
all air conditioning filters clean and free from
dirt;
(h) Keep
all lavatories, sinks, toilets, and all other
water and plumbing apparatus in good order and
repair and shall use same only for the purposes
for which they were constructed. Lessee
shall not allow any sweepings, rubbish, sand,
rags, ashes or other substances to be thrown or
deposited therein. Any damage to any such
apparatus and the cost of clearing stopped
plumbing resulting from misuse shall be borne by
Lessee;
(i)
And Lessee's family and guests shall at all times
maintain order in the Premises and at all places
on the Premises, and shall not make or permit any
loud or improper noises, or otherwise disturb
other residents;
(j)
Keep all radios, television sets, stereos,
phonographs, etc., turned down to a level of
sound that does not annoy or interfere with other
residents;
(k)
Deposit all trash, garbage, rubbish or refuse in
the locations provided therefor and shall not
allow any trash, garbage, rubbish or refuse to be
deposited or permitted to stand on the exterior
of any building or within the common elements;
DAMAGE TO
PREMISES. In the event the Premises are
destroyed or rendered wholly untenantable by
fire, storm, earthquake, or other casualty not
caused by the negligence of Lessee, this
Agreement shall terminate from such time except
for the purpose of enforcing rights that may have
then accrued hereunder. The rental provided
for herein shall then be accounted for by and
between Lessor and Lessee up to the time of such
injury or destruction of the Premises, Lessee
paying rentals up to such date and Lessor
refunding rentals collected beyond such date.
Should a portion of the Premises thereby be
rendered untenantable, the Lessor shall have the
option of either repairing such injured or
damaged portion or terminating this Lease. In
the event that Lessor exercises its right to
repair such untenantable portion, the rental
shall abate in the proportion that the injured
parts bears to the whole Premises, and such part
so injured shall be restored by Lessor as
speedily as practicable, after which the full
rent shall recommence and the Agreement continue
according to its terms.
INSPECTION OF
PREMISES. Lessor and Lessor's agents
shall have the right at all reasonable times
during the term of this Agreement and any renewal
thereof to enter the Premises for the purpose of
inspecting the Premises and all buildings and
improvements thereon. And for the purposes
of making any repairs, additions or alterations
as may be deemed appropriate by Lessor for the
preservation of the Premises or the building.
Lessor and its agents shall further have the
right to exhibit the Premises and to display the
usual "for sale", "for rent"
or "vacancy" signs on the Premises at
any time within forty-five (45) days before the
expiration of this Lease. The right
of entry shall likewise exist for the purpose of
removing placards, signs, fixtures, alterations
or additions, but do not conform to this
Agreement or to any restrictions, rules or
regulations affecting the Premises.
SUBORDINATION
OF LEASE. This Agreement and Lessee's
interest hereunder are and shall be subordinate,
junior and inferior to any and all mortgages,
liens or encumbrances now or hereafter placed on
the Premises by Lessor, all advances made under
any such mortgages, liens or encumbrances
(including, but not limited to, future advances),
the interest payable on such mortgages, liens or
encumbrances and any and all renewals, extensions
or modifications of such mortgages, liens or
encumbrances.
LESSEE'S HOLD
OVER. If Lessee remains in possession
of the Premises with the consent of Lessor after
the natural expiration of this Agreement, a new
tenancy from month-to-month shall be created
between Lessor and Lessee which shall be subject
to all of the terms and conditions hereof except
that rent shall then be due and owing at Rs_____
per month and except that such lease shall be
terminable upon fifteen (15) days written notice
served by either party.
SURRENDER OF
PREMISES. Upon the expiration of the
term hereof, Lessee shall surrender the Premises
in as good a state and condition as they were at
the commencement of this Agreement,
reasonable use and wear and tear thereof and
damages by the elements excepted.
ANIMALS.
Lessee shall be entitled to keep no more than
______ (___) domestic dogs, cats or birds;
however, at such time as Lessee shall actually
keep any such animal on the Premises, Lessee
shall pay to Lessor a pet deposit of Rs_____,
Rs._____ of which shall be non-refundable and
shall be used upon the termination or expiration
of this Agreement for the purposes of cleaning
the carpets of the building.
QUIET ENJOYMENT.
Lessee, upon payment of all of the sums referred
to herein as being payable by Lessee and Lessee's
performance of all Lessee's agreements contained
herein and Lessee's observance of all rules and
regulations, shall and may peacefully and quietly
have, hold and enjoy said Premises for the term
hereof.
INDEMNIFICATION.
Lessor shall not be liable for any damage or
injury of or to the Lessee, Lessee's family,
guests, invitees, agents or employees or to any
person entering the Premises or the building of
which the Premises are a part or to goods or
equipment, or in the structure or equipment of
the structure of which the Premises are a part,
and Lessee hereby agrees to indemnify, defend and
hold Lessor harmless from any and all claims or
assertions of every kind and nature.
DEFAULT.
If Lessee fails to comply with any of the
material provisions of this Agreement, other than
the covenant to pay rent, or of any present rules
and regulations or any that may be hereafter
prescribed by Lessor, or materially fails to
comply with any duties imposed on Lessee by
statute, within seven (7) days after delivery of
written notice by Lessor specifying the
non-compliance and indicating the intention of
Lessor to terminate the Lease by reason thereof,
Lessor may terminate this Agreement.
If Lessee fails to pay rent when due and the
default continues for seven (7) days thereafter,
Lessor may, at Lessor's option, declare the
entire balance of rent payable hereunder to be
immediately due and payable and may exercise any
and all rights and remedies available to Lessor
at law or in equity or may immediately terminate
this Agreement.
LATE CHARGE.
In the event that any payment required to be paid
by Lessee hereunder is not made within three (3)
days of when due, Lessee shall pay to Lessor, in
addition to such payment or other charges due
hereunder, a "late fee" in the amount
of Rs._____.
ABANDONMENT.
If at any time during the term of this Agreement
Lessee abandons the Premises or any part thereof,
Lessor may, at Lessor's option, obtain possession
of the Premises in the manner provided by law,
and without becoming liable to Lessee for damages
or for any payment of any kind whatever. Lessor
may, at Lessor's discretion, as agent for Lessee,
relet the Premises, or any part thereof, for the
whole or any part thereof, for the whole or any
part of the then unexpired term, and may receive
and collect all rent payable by virtue of such
reletting, and, at Lessor's option, hold Lessee
liable for any difference between the rent that
would have been payable under this Agreement
during the balance of the unexpired term, if this
Agreement had continued in force, and the net
rent for such period realized by Lessor by means
of such reletting. If Lessor's right of
reentry is exercised following abandonment of the
Premises by Lessee, then Lessor shall consider
any personal property belonging to Lessee and
left on the Premises to also have been abandoned,
in which case Lessor may dispose of all such
personal property in any manner Lessor shall deem
proper and Lessor is hereby relieved of all
liability for doing so.
ATTORNEYS' FEES.
Should it become necessary for Lessor to employ
an attorney to enforce any of the conditions or
covenants hereof, including the collection of
rentals or gaining possession of the Premises,
Lessee agrees to pay all expenses so incurred,
including a reasonable attorneys' fee.
GOVERNING LAW.
This Agreement shall be governed, construed and
interpreted by, through and under the Indian Laws
SEVERABILITY.
If any provision of this Agreement or the
application thereof shall, for any reason and to
any extent, be invalid or unenforceable, neither
the remainder of this Agreement nor the
application of the provision to other persons,
entities or circumstances shall be affected
thereby, but instead shall be enforced to the
maximum extent permitted by law.
BINDING EFFECT.
The covenants, obligations and conditions herein
contained shall be binding on and inure to the
benefit of the heirs, legal representatives, and
assigns of the parties hereto.
DESCRIPTIVE
HEADINGS. The descriptive headings used
herein are for convenience of reference only and
they are not intended to have any effect
whatsoever in determining the rights or
obligations of the Lessor or Lessee.
CONSTRUCTION.
The pronouns used herein shall include, where
appropriate, either gender or both, singular and
plural.
NON-WAIVER.
No indulgence, waiver, election or non-election
by Lessor under this Agreement shall affect
Lessee's duties and liabilities hereunder.
MODIFICATION.
The parties hereby agree that this document
contains the entire agreement between the parties
and this Agreement shall not be modified,
changed, altered or amended in any way except
through a written amendment signed by all of the
parties hereto.
IN WITNESS
WHEREOF the parties hereto have
hereunder set and subscribed their respective
hands to the original and duplicate hereof the
day and year first hereinabove 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.___________
|
