Friday, August 5, 2011

SPECIMEN OF A GOOD RENT AGREEMENT

This Rent agreement is made and executed at New Delhi on this ___ /5/2011

                                                      Between

…………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….. New Delhi, hereinafter called the First Party/Lesser/Owner.

                                                         AND
……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….. hereinafter called the Second Party/Lessee/Tenant.



The expression of first party and the second party shall mean and include their heirs, successors, nominee’s assigns, executors, administrators and legal representatives respectively.



And whereas the first party is the absolute owner and in possession of the property………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..


And whereas on the request of the second party/lessee, the first party/lesser/owner aforesaid has agreed to let out the ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………., (hereinafter called the said property) to the second party for a monthly rent of Rs………………/- (RS. ………………………………………….) on the following terms and conditions.


NOW THIS AGREEMENT WITNESSETH AS UNDER:-


1. That the months rent of the above said premises has been settled between both the parties a sum of Rs. ……………/- (Rs. …………………………………………) per month which the second party shall pay (whether legally demanded or not) to the first party in advance by cash/Cheque/draft on or before 5th day of each English Calendar month starting from ………………. failing which a penalty of Rs. 100/- (Rs. One Hundred only) per day charge from the first day i.e. commencement of rent of the month.


2. That the tenure period/lease period of the said premises will be for 11 months only w. e. f. from………………. valid up to ……………….. and the monthly rent will be increase by minimum 10% mutually agreed by the party/as per prevailing market rate, after expiry of 11 months through mutual understanding.


3. That the above rent is agreed between the parties will be treated as standard rent.


4. That the first party/Lesser have given the vacant physical well position possession of the said property along with all fitting and fixtures in running conditions installed in the said property to the second party/tenant.


5. That the second party/tenant shall handover the vacant physical possession of the said property on the expiry of lease period along with all fitting and fixture to the first party/lesser or his/her/their heirs, nominees representative as its is at the time of vacating the said premises and all dues and demands liabilities shall be clear by tenant/second party during the tenancy period.


6. That the house tax of the said property will be paid by the first party/owner.


7. That the electricity and water charges of the said property will be paid by the second party during the tenancy period in respect of the said property and at the time of vacating the rented premises the tenant /second party shall handover the original receipt of bill duly acknowledges by the concerned authority to the first party/lessee and in case the second party/lessee left any bill pending or unpaid, the first party/lesser shall have right to deduct/recover the same from the security amount given.


8. That the second party shall not sublet the said property or any part of the said property to any other person/s.


9. That the second party shall not make any additions, alteration in the said premises and shall not make any structural changes in the premises in question.

10. That the second party shall be responsible for its general upkeep and maintenance in good conditions and day-to-day repairs of water taps, electrical wiring/fitted sanitary items etc. shall be got done by the second party at his/her/their own cost.


11. That the second party will not make any nuisance in the said tenanted premises and will not do any such acts which may cause pollution, obnoxious hazardous to the vicinity/other portion of the building.


12. That the second party wants to vacate the said premises before the expiry of tenancy period then he/she/they will also serve one month’s prior notice to the first party or one month rent to the first party in case of not serving one month notice.


13. That if the first party wants to get the said premises vacated before the expiry of the tenancy period then he/she/they will serve one month’s prior notice to the second party.


14. That the first party and second party will abide by all the rules and regulation of the concerned authority of DDA/MCD/BSESE/ BRPL/NDPL and/or any other Govt. or local authority relating to the said property.


15. That the tenancy period is fixed period for 11 months and the second party agrees to vacate & handover the vacant physical possession of the demised premises to the first party on or before the expiry of this lease deed/rent agreement without any further notice to him and second party shall not claim further extension as a matter of right or the first party shall have the right to take the possession of the demised premises back from second party through the court of law at the cost & risks of second party.


16. That the above agreement is for exact 11 month with 6 month lock-in period agreed by both the parties. Under any circumstances the tenant wishes to vacate the above premise before the expiry of the above agreed 6 months then the tenant shall have to pay the complete rent for the entire lock in period.


17. That in case the tenant/second party default in payment of rent for successive two months this Rent Agreement will be stand terminated automatically and no separate legal notice regarding termination of agreement will be served by the first party and he/she/they can put his/her/their lock to the premises.


18. That the present rent deed has been executed under the free will, sound health, disposing mind with consent of both the parties and neither has signed under any pressure, threat, correction etc.


19. That the second party shall use the said premises for commercial/residential purpose only and the second party shall keep the said premise neat and clean.


20. That if the second party fails to handover the vacant physical possession of the demised premises on expiry/termination of this agreement then he/she/they agrees to pay Rs. 1,000/- (Rs. Ten Thousand only) per day damages charges (penalty) to the first party, till such time the second party handover the peaceful vacant possession of the premises to the first party over and above the monthly rent.


21. That in case any dispute arises between the first party and second party then the said disputes will be referred to a mutually acceptable sole arbitrator whose decision will be final and binding on both the parties.


22. That the second party shall be liable for the electric theft in the said property.


23. That the first party has received a sum of Rs. …………………/- (Rs. ………………………………………) from the second party, as interest free security amount which will be refunded by the first party to the second party at the time of vacation/handed over the possession of the lease premises after clearing/adjustment of dues if any


24. That the cost of damages, if any to fixture/fittings at the time termination of lease period or earlier shall be paid by the tenant. Natural wear and tear will handover be taken into account. Any dispute in this regard will be sorted out amicable by the parties concern with the help of witnesses.


25. That the tenant shall not carry out any illegal activity which is prohibited under law and if on the tenant shall be fully responsible for the same.


26. That this agreement shall be governed by the provision of contract act and other applicable laws relating to tenancy and any disputes arising out of this agreement shall be subjected to the jurisdiction of Delhi Court only.


27. That the first party is at liberty to sell, transfer or other pass over the aforesaid property to any person, in that event the second party do hereby agrees to pay the rent to the transferee the person instructed by the first party.


28. That the second party will not violate any law of the land or do any illegal activity in the demise premises, And if anything untoward/illegal of any law/rules takes place it will be exclusively to the account of the second party and first party will not take any responsibility whatsoever of such unlawful activity.


29. That in case the tenant fails to comply with the above terms and conditions the first party shall have the rights to take possession of the premises from the second party without any prior notice and evict the said tenant from the premises and terminate the tenancy from the same day. The Second Party/lessee will not be authorise to challenge this rent/lease deed in any court of law.


30. That the lessee shall permit the first party and or his authorized representative to enter upon the demised premises at all reasonable times for the purpose of either inspection of repair of the demised premises as and when necessary.


31. This Rent Agreement has been executed in duplicate and is duly signed by the Lessor and the lessee. The Original Stamp Papers shall remains in possession of the Lessor and copy of there of duly signed shall remain in the possession of the lessee for his record. The Cost of the stamp duty registration chares and any other charges in respect of lease deed as well as any renewal deed shall be borne by the lessee and lessor according to Fifty- Fifty Percent Share.


32. That the Lessee will not make any credit card, visa power, debit card, and lessee will not take any loan against the said property if lessee will take any loan from any bank, Institution, Pvt. Bank, Nationalised Bank, and Pvt. Financier then Lessor will not be responsible for the same if lessee will not repay the said amount.


33. That the contents of this agreement has been read and understood by both the parties before signing this agreement.

IN WITNESSES WHEREOF, both the parties have set their respective hands on the day, month and year first above written in the presence of the following witnesses:


WITNESSES                                                               FIRST PARTY








                                                                                      SECOND PARTY 






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