Regarding tennant shop
shanmugman
(Querist) 27 January 2016
This query is : Resolved
Dear Sir,
I have made an rental agreement for a shop for 11 months with a notice period of three months i want the tenant to leave on the end of 11 months shall i give the notice period at the start of 9th month. I want this shop for my personal use If so how can give this notice period to the tenant. have copied and pasted the agreement for your kind review.
RENTAL AGREEMENT
This Agreement of Lease entered into at Chennai this is the day of 26-April-2015 between
Mr. N.Shanmugam son of Mr.P.M.Natesan aged about 33 years residing at Flat A5, The Meadows, Moovender Nagar Extn, Near Bharathi Nagar Bus Stop, Mudichur Road, Old Perungalathur, Chennai – 600 063 hereinafter called LANDLORD of the FIRST PART.
A N D
Mr. Kalvin son of Mr.Thangappan aged about 29 years residing at No.22, Rajeev Gandhi Street, Krishna Road, New Perungalathur, Chennai – 600 063 hereinafter called the TENANT on the SECOND PART.
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Whereas the Land lord is the absolute owner of Old No 16/ New No 36, Buddhar steet, New Perungalathur, Chennai 600 063
WHEREAS the Tenant approached the Landlord and wanted to lease the portion of the Shop No. 1 of Old No 16/ New No 36, Buddhar steet, New Perungalathur, Chennai 600 063 measuring an area of about 70 sq. ft. (approximately) at a monthly rent of Rs.2500/- (Rupees Two thousand five hundred only) for commercial purpose.
WHEREAS the Landlord accepted to above said offer and in pursuance of which the following agreement is entered into subject to the following terms and conditions.
AND the Tenant has agreed to occupy the premises as Tenant and make use of fittings therein subject to terms and conditions set out hereunder.
NOW THIS AGREEMENT WITNESSETH AND STATE AS FOLLOWS:
1. The portion let out by the Landlord to the Tenant under this agreement is measuring about 70 sq. ft. or thereabout and more fully described in the schedule hereunder.
2. The Period of rental agreement shall be for a period of eleven months commencing from 04-05-2015 to 03-04-2016.
3. The portion let out under this agreement shall be used for Commercial purpose only.
4. The Tenant agrees to pay a monthly rent of Rs.2500/- (Rupees Two thousand five hundred only) for the portion (Shop No. 1) on or before the 5th day of every succeeding English calendar month.
5. The Tenant has paid a sum of Rs.30,000/- (Rupees thirty thousand only) as rental advance and this deposit which shall be refunded to the tenant after the expiry or termination of the tenancy, this said amount shall not carry any interest.
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6. The tenant shall maintain the portion let-out to them in a fit and tenantable condition.
7. The Tenant shall keep all fixtures, electrical appliances and other amenities provided in the premises in good condition.
8. The Tenant shall not use the premises for carrying out any unlawful illegal, dangerous or immoral purpose.
9. The Tenant shall not make any structural additions or alterations to the portion of the building let out under this agreement without the written consent of Landlord. However such permission is not deemed necessary in relation to alteration work for installation of air-conditions.
10. The Tenant shall deliver vacant possession of the premises in the same condition and manner when let out.
11. The major repair/defects in the sanitary, electric installation arising out of the negligence shall be rectified by the tenant. It is presumed that the Tenant has taken possession of the premises in good and acceptable condition.
12. The Tenant and the Landlord shall have the right to terminate this agreement after 3 months in giving three months notice in writing of such desire and thereafter the Landlord shall refund the balance rental deposit on such termination of this agreement at the time of handing over the vacant possession of the said premises of the tenant.
13. The Tenant shall not disturb the other tenants within the campus.
14. The agreement may be reviewed for a further period of on such term and conditions which both the parties will mutually agree.
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15. The Tenant shall not sublet the whole or any portion of the shop to anyone.
16. The Landlord shall permit the Tenant to peacefully enjoy the above said premises free from any hindrance by the Landlord or any person or persons claiming through or under him.
17. The Landlord shall pay all taxes and other levies on the premises save those specifically covenanted by the Tenant to be borne by them and to maintain the premises in good and tenantable condition at all times.
18. The Tenant shall pay the electricity charges as per meter reading charged by TNEB.
19. Every year the rent will be increased as per the market value, this
will be intimated during the agreement renewal for the subsequent year by the landlord.
20. The Tenant is a person within the meaning of Tamil Nadu Buildings Lease and Rent Control Act.
21. No Acid/Flammable/Explosive items should be kept or sold in the shop premises.
SCHEDULE
Premises at portion (Shop No: 1) of the Old No 16/ New No 36, Buddhar steet, New Perungalathur, Chennai 600 063, measuring an area of about 70 sq. ft. (approximately).
IN WITNESS WHEREOF the Landlord and the Tenant hereto have signed and set their hands on the day, month and year above written.
WITNESSES:
1. LANDLORD
2. TENANT
Thanks
shanmugam
Anirudh
(Expert) 27 January 2016
Approach a local lawyer.
Ask him to send a Legal Notice to the Tenant informing him that you have no intention of renewing the premises after the expiry of the lease period on 3.4.2016.
This notice may be asked to be treated as a notice in terms of Clause 12 of the Agreement.
Accordingly, the tenant may be asked to vacate and hand over peaceful vacant possession of the premises upon expiry of lease period on 3.4.2016.
Also suitably make a mention about the refund of the interest free deposit.
