Warehouse Sublease Agreement

Dear Mahendra, to sub lease the ware house you should have an express or implied permission of  the landlord/owner, or such arrangement should reflect in your lease agreementitsle for by subsequent consent of the landlord. Other wise tenant can be evicted if he or she sublets the premises to another person without the consent of the landlord/owner.

For drafting a sub lease agreement perusal of existing lease agreement is necessary.  

Mr. Prem is right.

I also agree with Prem

Dear Mr.Prem,

Thanks for your reply. The original landlord has already given the rights for sub-leasing. Is there any other extra care we have to take for safety / security / insurance, etc. ?

Can we demand Security Deposit? Is it necessary to register such Sub-lease Agreement? Is there any problems envisages If the registration of Sub-lease Agreement is missing?

Hope to get clarification on these issues.

Regards

Mahendra

As you must be aware creating sub lease attracts Tax, so make sure that sub Lessee will bear all taxes and outgoings in respect of the leased premises.

Sub lessee should be made bound to perform all the covenants, conditiond and stipulations contained in the orginal lease.

Indeminity: Sub lessee should undertake to indeminify aganist all actions, claims, demands and expenses on account of performnace and non performance.

Also carryout background verification as to the sublessee's  business, the goods that will be stored. whether the proposed sub lessee has all the required licences to carry out its business.

Insurance of all goods has to be born by the sub Lessee. You can also insist to be an additional party in the insurance cover.

Registration: Please note since The Deed of Lease, under -lease or sub-lease creates an interest or transfer an interest in the property in favour of the Leasee during the period of lease and any lease for one year, or term exceeding one year, require complusory registration.An unregistered lease agreement cannot be read as evidence in a court of law but can only be received for collateral purpose. However, the same is not fatal to the lease arrangement but only creates a lease for less than one year. In other words notwithstanding the understanding between the Parties and the terms of the lease deed the Agreement would be taken to be /deemed as a month to month lease arrangement between the Parties. The terms and conditions of unregistered lease agreement would therefore become non enforceable and non binding on the parties. So ti is suggested to get it registered if you are planning to take security deposit.

Security deposit is nothing but deposited by or for the tenant with the landlord, to be held by the landlord for the following purposes: to remedy tenant defaults for damage to the premises (be it accidental or intentional), for failure to pay rent due, or for failure to return all keys at the end of the tenancy. So you are at liberity to demand secuirty deposit.

I hope I have covered all your queries . In case you have any furhter clarification or help with the draft, you can mail your queries to pkrisn75@gmail.com
 

can anybody plesae provide the "warehouse lease agreement" format?