Rental agreement...hyderabad
kishore
(Querist) 30 June 2013
This query is : Resolved
sir...iam working in hyderabad....iam unmarried ...iam marrying this month after 8th july 2013....owner is asking me rental agreement to handover flat...i said him iam unmarried by july end i will be getting love marriage (by register marriage).....becaz owner saying in that society only familyies should be tenants not unmarried guys....but he sended me rentl agreement format with different points.....can any senior advocates ....suggest me which pointas are good....next which points are not good in rental agreement....
RENTAL AGREEMENT
This Rental Agreement is made and executed on this the 2ndth day of July , 2013 at Hyderabad, A.P. by and between :
Mr. KAPIL MEHROTRA aged about 38 years, Owner of Plot.No.566-569, Flat.No.303, Shasank Rose Mount Apartment, Kavya Avenue Layout, Bachupally, Hyderabad, Ranga Reddy District-500090, Andhra Pradesh..
(Hereinafter called the House “OWNER” which term shall mean and include all his/her heirs, representatives, successors, administrators, etc., of the First Party)
AND
Mr.B.Kishore , S/o. Mr. B. Pampaiah , aged about 31 years, R/o House no 46-107 A, 46-266, Nundy 46-365 , Budhwarpet 46-263, Kurnool ,Andhra Pradesh.
& Plot no 22 House no 50 /760 A – 23 Gayathri enclave , Devanagar , Kurnool, A.P
……
. (Hereinafter called the “TENANT” which term shall mean and include all his/her heirs, , successors, etc., of the Second Party)
Contd…2
Whereas the Owner let out the house premises Plot.No.566-569, Flat.No.303, Shashank Rose Mount Apartment, Kavya Avenue Layout, Bachupally, Hyderabad, Ranga Reddy District-500090, Andhra Pradesh.to the tenant for Residential purpose on a monthly rent of Rs. 15,000.00 (Rupees Fifteen Thousand Only).
Subject to the Terms and Conditions laid down hereunder :
1. As discussed over the phone the tenant shall pay an advance equivalent to 11 months’ rent amounting to rupees 165000.00 (one lakh sixty five thousand Rupees Only) to the OWNER by 4th of July 2013.
2. The tenant will reside there as a family and will not create any disturbance to the neighbors’ and society.
3. The Marital status of tenant should not remain as bachelor after 31st July 2013 or else the tenant will have to vacate the premises by 10th of August 2013 without claiming any refund of the advance rent paid to the owner.
4. The term of rental agreement is for a period of 11 months with effect from 7st July, 2013 to 6th June, 2014 with an option for renewal of the same by mutual consent with an increase in rent by 10%.
5. That the tenant has deposited an interest free amount of Rs.45,000-00 (Rupees Forty five Thousand Only) as Security Deposit and interest free amount of Rs.165,000/-( one lakh sixty five thousand Rupees Only) as eleven month’s advance rent to the Owner by way of cash / Cheque/ online bank transfer . The security deposit is refundable at the time of expiry of the above said period of Tenancy and deducting of adjustments if any.
6. The Tenant shall bear the electricity charges, water charges, apartment maintenance charges, minor repairs and other charges if any.
7. The Tenant shall keep the premises in neat and tidy condition.
8. The Tenant shall not make material alterations in the Flat during the term of lease without the written consent of the OWNER.
9. The Tenant shall not sub-let the leased premises.
10. The OWNER or his agents can inspect the premises during reasonable times for which the Tenant shall not have any objection.
11. Advance rent will not be refundable if the tenant decided to leave the flat and terminate the lease agreement before 6th June 2014 i.e. completion of eleven months.
12. The tenant will have to vacate the flat with one months notice if found causing damage intentionally / deliberately to the property or the furniture’s and fixtures listed in point 16 without refund of any deposit or advance rent.
13. The tenant will have to vacate the flat immediately if found indulging in any criminal offence or summoned by the court/ police for any criminal activity.
14. This rental agreement may be renewed and the rent will be increased by 10% by mutual consent of both the parties.
15. The tenant will use all the electronic equipment and furniture as mentioned in point 16 and provided to him carefully and will get them serviced timely at his own expense.
16. Furniture, Fittings & Fixtures: The tenant to use and after expiry of the lease to hand over the amenities mentioned below, which are handed to the tenant in good AND WORKING condition.
• Ceiling Fans– 5
• Tube Lights – 3
• CFL - 4
• Exhaust fans- 3
• AC Samsung 1.5 tonne with remote- 1
• AC Voltas 1.5 tonne with remote-1
• Water Taps – 5
• Sofa set - (1big +2 small)
• Sofa set in another room ( set of 2)
• 2 Centre table with glass top
• 6 seater dining table with glass top.
• Inverter with 1 battery and trolley
• Wooden wardrobes with mirrors
• Dressing table with Mirror-1
• Large double bed cot with box storage space and Mattress with 2 Side drawer
• 2 Large single bed with 2 mattress and Side drawer
• Shower Panel-1
• Electric Geyser-1
• Glass wash basin – 2
• Regular wash basin 1
• Modular kitchen cabinets
• Washing machine Samsung
• INDANE government Gas cylinder 2 with regulator and gas pipe
• Cooking stove 1
• Dish TV set top box with parabola, cable and remote 1
• Motorized Tread mill
• Refrigerator 165 liters L.G
• Microwave
• LCD TV Samsung
17. The above accessories will be handed over to the owner by the tenant after the expiry of the lease, if any damages occur due to negligence of the tenant; the same shall be deducted from the security deposit.
IN WITNESS WHEREOF, both the parties have subscribed their signatures to this Indenture on the day, month and year mentioned above.
WITNESSES:
OWNER
1.
2. TENANT
Rajendra K Goyal
(Expert) 30 June 2013
Contact a local lawyer in the matter, there are so many non acceptable / objectionable conditions in the agreement like the land lord on the charge that intentionally / deliberately damage (who will decide?) has been caused without refunding advance rent. Likewise term 13, a person can not be held criminal till convicted by the court. The land lord again can easily kick out tenant without refunding advance rent and deposit. On such advance rent and deposit, vetting of the agreement from your lawyer must be done.
Raj Kumar Makkad
(Expert) 30 June 2013
Conditions first of all should be discussed between both the concerned parties and then the services of a local lawyer dealing in civil side should be obtained and the agreement should be got drafted accordingly.
P. Venu
(Expert) 01 July 2013
Please note that an agreement can have only lawful conditions. If a party compromises his rights, it should with informed consent, and that too, when a such a concession confers an advantage to the consenting party.
prabhakar singh
(Expert) 01 July 2013
The covenants of lease offered to be signed by tenant are quite pro landlord and very harsh on tenant.
The intention is to grab rent for all elven
months whether or not there be fault of any kind of the tenant.
prabhakar singh
(Expert) 01 July 2013
The covenants of lease offered to be signed by tenant are quite pro landlord and very harsh on tenant.
The intention is to grab rent for all elven
months whether or not there be fault of any kind of the tenant.
M V Gupta
(Expert) 21 July 2013
The conditions for non refund of advance rent should not be accepted. Insistence on the marital status is rather funny. the condition that if the tenant has not married before the given date, he will have to vacate without claiming refund of the advance rent or the security deposit is draconian. Better the querist should look out for another premises whose owner is a reasonably good and sympathetic person.
