DINESH GHATKAR (FINANCE MANAGER) 26 April 2010

DRAFT TENANCY AGREEMENT

Can anyone provide me draft of Tenancy agreement between an individual and a company. My requirement is 1.Tenancy agreement should be for 3 years which will be Lock in period also.

2. Rent will get increased by 10% upon completion of every 12 months during the Tenancy period.

3. Right to terminate Agreement if market rate of the premises increases by 40% than present one.

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4 Replies

CA Adarsh Agrawal (CMD of SHAYVIDZ Group) 26 April 2010

Here is a format of agreement !!! make necessary changes according to your requirement !!!

Agreement for Letting Furnished Dwelling House or Flat on Short Period Tenancy Date; ……………………, 2000 Parties ; 1. The Landlord ........... ..... of the One Part 2. The Tenant ................... of the Other Part Details of Property; The dwelling house (or Flat ) situated at ………………………….. Together with the Fixtures Furniture and Effects therein and more particularly specified in the Inventory thereof signed by the parties. Term; A term certain of ......... months/year(s) from ......... , 2000 to …………, 2000 Rent ; Rs .......... per English calendar month payable In advance every month, first payment to be made on the ......... day of ....... next ............ 1. The Landlord lets and the Tenant takes the Property above mentioned on the term and at the rent payable as above mentioned 2. Where the context admits - a. "The Landlord" includes the persons for the time being entitled in reversion expectant on the tenancy. b. "The Tenant" includes the persons deriving title by succession under the Tenant. c. Reference to the Property includes reference to any part or parts of the said Property and to the Fixtures, Furniture, and Effects or any of them. 1. 2. 3. The Tenant will - a. pay the rent at the times and In the manner specified. b. pay for all gas and electric light and power which shall be consumed or supplied on or to the Property during the tenancy and the amount of the water rate charged In respect of the property during the tenancy and the amount of all charges made for use of the telephone (if any ) on the Property during the tenancy or a proper proportion of the amount of the rental or other recurring charges to be assessed according to the duration of the tenancy. c. not to damage or injure the property or make any alteration in or addition to it. d. preserve the fixtures, furniture and effects from being destroyed or damaged and not to remove any of them from the property. e. yield up the property at the end of the tenancy in the same clean state and condition as It was in the beginning of the tenancy and make good or pay for the repair of or replace all such items of the fixtures. furniture and effects as shall be broken, lost, damaged or destroyed during the tenancy (reasonable wear and damage by fire excepted ) f. leave the furniture and effects at the end of the tenancy In the rooms or places in which they were at the beginning of the tenancy. g. pay for the washing (including Ironing or pressing) of all linen and for the washing and cleaning (including Ironing and pressing) of all counterpanes, blankets and curtains which shall have been spoiled during the tenancy (the reasonable use thereof nevertheless to be allowed for). h. permit the Landlord or the Landlord's agents at reasonable hours in the daytime to enter the property to view the state and condition thereof. i. not to sublet or part with possession of the property without the previous consent in writing of the Landlord not to carry on, on the property any profession trade or business or receive paying guests on the property or place or exhibit any notice board or notice on the property or use the Property for any other purpose than that of a strictly private residence j. not to do or suffer to be done on the property anything which may be or become a nuisance or annoyance to the Landlord or the Tenants or occupiers of any adjoining premises or which may vitiate any Insurance of the property against fire or otherwise or increase the ordinary premium for such Insurance. 1. 2. 3. 4. Provided that. if the rent or any Instalment or part thereof shall be in arrear for at least fourteen days after the same shall have become due (whether legally demanded or not) or if there shall be a breach of any of the said agreements by the Tenant the Landlord may re-enter on the property and immediately thereupon the tenancy shall absolutely determine without prejudice to the other rights and remedies of the Landlord. 5. The Landlord agrees with the Tenant as follows – 1. To pay and Indemnify the tenant against all rates assessments and outgoing in respect of the property (except the water rate and except charges for the supply of gas or electric light and power or the use of any telephone). 2. That the Tenant, paying the rent and performing the agreements on the part of the tenant, may quietly possess and enjoy the property during the tenancy without any lawful interruption from the Landlord or any person claiming under or in trust for the Landlord. 3. To return to the Tenant any rent payable for any period while the property is rendered uninhabitable by fire, the amount in case of dispute to be settled by arbitration. 1. 2. 3. 4. 5. 6. This Agreement shall take effect subject to the provisions of ..... Rent Act. AS WITNESS the hands of the parties have been put hereto the day and year first above written Signed by the above-named Landlord . . . . . . . . in the presence of Signed by the above ....... named Tenant ........... in the presence of .........

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Seshagiri Viswanatha Rao (Asst Secy to Govt Retired) 27 April 2010

Dear Advocate

Highly obliged if it is clarified that whether any notice of legal notice is required to be servved on the land grabbers prior to proceeding legally by absolute living heirs of late and indicate whether illegal transactions on the landed property of late father can be published in the news papers due the fact that all the related documents and other supporting papers are with us including Original Sale Deed documents of late father are with us only and as on date it is in his name Our late mother has also expired. It also requested to kindly indicate our late father's death took place is Bangalore and mother's death in secunderabad The land property is in Ranga Reddy istrict of Andhra Pradesh for obtaining legal heir succession certificate where which court needs to be approached

Thanks

SV RAO

srikanth kumar bandari (advocate) 27 April 2010

mr sv rao, it is always better to issue legal notice through one of ur lawyer be sent to the land grabbers prior to filing any case. yes you can cause paper publication in all the leading newspapers with regard to the ownership of the property mentioned in your query. it does not matter where the death of your father and mother took place.it is important where the legal heirs are living and as per your residential address the area of that court jurisdiction will arise. if the property of your father is in ranga reddy district then if you intend to file a case in that case you have to file case in ranga reddy district courts except land grabbing court, why because if the land is an open plot only you can file a case of land grabbing, if there are structures on your fathers property then you have to seek civil remedy for recovery of possession, mesne profits, damages etc. As far as for obtaining legal heir and succession certificates there are two different procedures.

1) for obtaining legal heir certificate, if your father was a government employee then make an application before the concerned Mandal Revenue Officer as per your residential address.

2) for obtaining Succession Certificate it is issued through COURT only and the same has to be applied as per the residential address where that court is having jurisdiction for example if u are resident of hyd, it fall within the jurisdiction of City Civil Court, if u are resident of Ranga Reddy District, it fall within the jurisdiction of R.R.District courts, at L.B.nagar.

so my sincere advise is to first go and consult your nearest lawyer/advocate and discuss your case with him in detail before taking any legal steps against the so called land grabbers in your query.

bye

Advocate Rajkumarlaxman (Advocacy) 17 March 2011

Advocate Rajkumarlaxman Arjunrao Rajhuns

HIghcourt Bombay

Agreement for Letting Furnished Dwelling House or Flat on Short Period Tenancy

Date; ……………………, 2000

Parties ;

1. The Landlord ........... ..... of the One Part

2. The Tenant ................... of the Other Part

Details of Property;

The dwelling house (or Flat ) situated at …………………………..

Together with the Fixtures Furniture and Effects therein and more particularly specified in the Inventory thereof signed by the parties.

Term;

A term certain of ......... months/year(s) from ......... , 2000 to …………, 2000

Rent ;

Rs .......... per English calendar month payable In advance every month, first payment to be made on the ......... day of ....... next ............

1. The Landlord lets and the Tenant takes the Property above mentioned on the term and at the rent payable as above mentioned

2. Where the context admits -

a. "The Landlord" includes the persons for the time being entitled in reversion expectant on the tenancy.

b. "The Tenant" includes the persons deriving title by succession under the Tenant.

c. Reference to the Property includes reference to any part or parts of the said Property and to the Fixtures, Furniture, and Effects or any of them.

3. The Tenant will -

a. pay the rent at the times and In the manner specified.

b. pay for all gas and electric light and power which shall be consumed or supplied on or to the Property during the tenancy and the amount of the water rate charged In respect of the property during the tenancy and the amount of all charges made for use of the telephone (if any ) on the Property during the tenancy or a proper proportion of the amount of the rental or other recurring charges to be assessed according to the duration of the tenancy.

c. not to damage or injure the property or make any alteration in or addition to it.

d. preserve the fixtures, furniture and effects from being destroyed or damaged and not to remove any of them from the property.

e. yield up the property at the end of the tenancy in the same clean state and condition as It was in the beginning of the tenancy and make good or pay for the repair of or replace all such items of the fixtures. furniture and effects as shall be broken, lost, damaged or destroyed during the tenancy (reasonable wear and damage by fire excepted )

f. leave the furniture and effects at the end of the tenancy In the rooms or places in which they were at the beginning of the tenancy.

g. pay for the washing (including Ironing or pressing) of all linen and for the washing and cleaning (including Ironing and pressing) of all counterpanes, blankets and curtains which shall have been spoiled during the tenancy (the reasonable use thereof nevertheless to be allowed for).

h. permit the Landlord or the Landlord's agents at reasonable hours in the daytime to enter the property to view the state and condition thereof.

i. not to sublet or part with possession of the property without the previous consent in writing of the Landlord not to carry on, on the property any profession trade or business or receive paying guests on the property or place or exhibit any notice board or notice on the property or use the Property for any other purpose than that of a strictly private residence

j. not to do or suffer to be done on the property anything which may be or become a nuisance or annoyance to the Landlord or the Tenants or occupiers of any adjoining premises or which may vitiate any Insurance of the property against fire or otherwise or increase the ordinary premium for such Insurance.

4. Provided that. if the rent or any Instalment or part thereof shall be in arrear for at least fourteen days after the same shall have become due (whether legally demanded or not) or if there shall be a breach of any of the said agreements by the Tenant the Landlord may re-enter on the property and immediately thereupon the tenancy shall absolutely determine without prejudice to the other rights and remedies of the Landlord.

5. The Landlord agrees with the Tenant as follows –

1. To pay and Indemnify the tenant against all rates assessments and outgoing in respect of the property (except the water rate and except charges for the supply of gas or electric light and power or the use of any telephone).

2. That the Tenant, paying the rent and performing the agreements on the part of the tenant, may quietly possess and enjoy the property during the tenancy without any lawful interruption from the Landlord or any person claiming under or in trust for the Landlord.

3. To return to the Tenant any rent payable for any period while the property is rendered uninhabitable by fire, the amount in case of dispute to be settled by arbitration.