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Lexplore Research (Legal Profesionals)     23 November 2014

Caretaker agreement for residential property

Hi everyone,

A friend of mine wants to take on rent a 1BHK MHRDA flat at Pratikhsha Nagar, Sion, Mumbai. There are a few question in this regard. I would be extremely grateful if someone could shed some light on them. They are as follows:

1. The POA holder of the Owner of the flat wants to enter into a Caretaker Agreement  and not a Leave and License Agreement. How different is a Caretaker Agreement from a Leave & license Agreement? Is it safe?

2. The POA holder says that the Owner of the Flat is in Pune and hence she would be dealing on her behalf. Although the Caretaker Agreement would be between the Caretaker and the Owner only. The POA would get her signatures on the Agreement via Fax. How safe is it to enter into such an agreement without meeting the Owner, and exclusively dealing with her POA?

3.  There is no mention of the Rent Amount in the Caretaker Agreement, only a mention of the Security Deposit which would be handed over to the POA via a cheque drawn in the name of the Owner. Though the POA says, she would give separate receipt for the rent handed over to the POA every month. How safe would this be?

Would be very helpful if someone to provide some insight soon. Thanks.

Also, attached is a Draft Caretaker Agreement sent by the POA holder for confirmation of the Caretaker.



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