lease agreement - final draft

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  • 8/6/2019 Lease Agreement - Final Draft

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    LEASE AGREEMENT

    This Lease Agreement made on this the 27th 2529th day of April, 2011 between

    Mr. Siddhartha Mohapatra S/o Late Dr. Partha Sarathi Mohapatra, Aged aged

    about 47 years, R/o Address: Brindavana, 1-4-65/4/A, Habsiguda, Hyderabad 500007, Andhra Pradesh, (hereinafter called the LESSOR, in which expression is

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    included, unless such inclusion is inconsistent with the context, his heirs, legal

    representatives, administrators and assigns of the FIRST PART)

    AND

    Mr. Sunoor Kaul , Ss/o Mr. Ravi Kumar Kaul, Aged about 33 years, Rr/oADDRESS :K-5/26 A, Model Town III, Delhi 110009, (hereinafter called the

    LESSEES in which expression is included, unless such inclusion is inconsistent with

    the context, his successors and permitted assigns of the OTHER PART)

    WHEREAS the LESSOR is the sole and absolute owner of the Flat area admeasuring2,183 Sq.ft. of built-up area bearing Flat No. 111, 1st floor and One Car parking

    measuring 150 Sq.ft in Varuna Block at My Home Navadweepa Apts., in Sy. No. 79 (P)situated at Madhapur Village, Serilingamapally Mandal, Ranga Reddy District.

    AND WHEREAS the LESSORS, have agreed to grant to the LESSEES, a Lease of thesaid premises on terms and conditions herinafter contained.

    1. in consideration of the lease rent hereinafter reserved and of the covenants andcondition hereinafter contained and on the part of the lessees Lessee to the paid, observed

    and performed, the Lessor Lessorhereby demise unto the Lessees all that premises being

    on the 1st floor of the building known as My Home Navadweepa Apts., (Containing anarea of 2,200 183 Sqsq.ft. or thereabouts) in Sy. No. 79 (P) Situated at Madhapur Village,

    Serilingampally Mandal, Ranga Reddy District. To hold the demised premises unto the

    Lessees from the 7th day of May, 2011 for the term of 11 months i.e., 7th 6th day ofApril, 2012, renewable thereafter solely of the discretion of lessorfor a period of two

    years on terms mentioned below on mutual consent between Lessor & Lessee.:

    a) April 7th 2012 March 6th, 2013 5% increase over prior year rentb) March 7th, 2013 February 6th, 2014 5% increase over prior year rent

    need to add some language allowing the lessee the ability to renew the lease andANDdeterminable as hereafter provided paying thereof up to the Lessor during the said term,

    monthly and proportionately for any part of the month, the rent of Rs.31,000/- (Rupees

    Thirty One Thousand only) out of which Rs. 20,000/- (Rupees Twenty One ThousandOnly) is towards rent of apartment and Rs 11,000/- (Rupees Eleven Thousand Only)

    towards fittings and fixtures payable in advance on or before 7th day of the each calender

    calendarmonth, the amount to be remitted to SB A/c No. 006901076958, on ICICI Bank

    Ltd, Habsiguda Branch, Hyderabad 500 007.

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    2. The Lessee hereby covenant with the Lessors as follows:

    a. To pay the monthly rent hereby reserved on the days and in the manner

    aforesaid.

    b. To pay the sum of Rs. 62,000/- (Rupees Sixty One Thousand Only) as and byway of security deposit free of interest to the Lessor refundable to the Lessee

    at the end or sooner determination of the agreement;

    i. The Lessor shall refund the entire security deposit to the Lessee on thelast day of the lease or before (in accordance with the Lessee having

    served the Lessorone month 60 day notice) upon simultaneous hand

    over of the premise to the Lessor. In case the Lessor fails to refund the

    above stated remaining portion of the security deposit, then the Lesseeshall (without prejudice to any of its other rights and remedies

    available in law), not be obliged or bound to vacate and give charge of

    the premise to the Lessor and the Lessee shall be entitled to use the

    premise until such time as the Lessor refunds to the Lessee theSecurity Deposit in full.

    ii. The Les see will not adjust the rental amount due during the noticeperiod with the Security deposit. Also the Lessor will be entitled to

    adjust the Security Deposit against any major damages caused by the

    Lessee, if any, to the apartment and fixtures after mutual discussion.

    c. and AND 1 month Advance rental (inclusive of furniture & fixtures) of Rs.

    31,000/- (Rupees Thirty Thousand Only). In addition, the current maintenance

    charge of Rs. 2700/- to be added.d. The annual increment will be @ 5% per annum on the rent + furniture &

    fixtures,if the agreement is extended.

    e. To pay all the charges for electricity and water consumed in or upon thedemised premises as shown by the separate meters thereof installed by the

    Lessor on the demised premises and to pay the rent of such meters.

    f. To keep the interior of the demised premises and the drainage, flooring, all thewood works including shelves and almirah doors and windows thereof and

    toilet blocks, water closets and other conveniences attached thereto and all the

    Lessor fixtures and fittings clean and in good substantial and sanitary repair,

    order and condition (reasonable wear and tear an loss or damage by fire, floor,earthquake, tempest enemy action, riots, any act of God or inevitable

    accidents accepted).

    g.h. To pay monthly maintenance charges (as applicable currently & in future) due

    to the society to the MyHome Navadweepa Owners Welfare Association by

    cheque/DD/cash starting from 1st June, 2011 till the period of stay .i. To pay additionally, monthly maintenance charges as required by the

    Navadweepa Association in addition to the monthly rental charges starting

    from 7th May, 2011.Not to alter the demised premises nor without the previous

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    consent in writing of the Lessor to make or construct any alterations to the

    fittings andfixtures in or to the demised premises.

    j. To use the demised premises as residence only.k. Not to do or suffer to be done in or upon the demised premises anything

    whatsoever which may be or become a nuisance or annoyance or in any way

    interfere with the quite or comfort of the Lessor or other Lessee, tenants andoccupiers of the building.

    l. Not to sub-let, assign, underlet or otherwise part with the possession of the

    demised premises or nay part thereof or permit the same to be used on leaveand license or caretaker or any other basis without consent, in writing of the

    LESSORLessor.

    m. To permit the Lessor and their workmen with all necessary appliances to enter

    into and upon the demised premises at all reasonable times by giving previousnotice in writing to the Lessee for the purpose either of viewing the condition

    of the demised premises or for any repairs, alterations or improvement either

    to the demised premises or the water pipes and drains in or under the same or

    of any other part of the said building.n. To maintain the electrical and sanitary fittings To maintain and repair the

    electrical and sanitary fittings and fixtures as and when necessary and to keepthe same in good working condition. Repairs to fixtures like Geysers, fans

    etc., should be borne by the lessor and not the lesses

    o.

    p. To comply with the terms and conditions of the agreement between thebuilder and Lessor, in so far as they are not inconsistent with the terms herein

    contained. Any specific terms and conditions will be provided to the Lessee.

    q. To deliver up the demised premises at the end or sooner determination of thesaid term together with all fittings and fixtures (save only such as the Lessee

    have brought in fixed or installed).),provided always and it is hereby mutually

    agreed as follows:3.

    i. if at any time during the said term the demised premises shall be destroyedor damaged by fire, tempest, riots, civil commotion, enemy action or any

    other means so as to become unfit for use the occupation then either the

    Lessee shall stay and continue to pay the rent, when the repair work in

    progress or would vacate of the said premises and take his deposit backfrom the Lessor.

    ii. The LesseeEitherBothpartyshall be entitled to terminate the lease at any

    time by giving to the other party Lessor60 33060days + previous noticein writing (to the nearest month end) of their intention to so terminate the

    lease during the lease period.

    iii. The rules mentioned in the section 108 of the transfer of Property act,1882, shall not apply to the rights and liabilities under these presents of the

    Lessor and Lessee respectively in so far as such rules would but for this

    agreement apply.

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    iv. The Lessee shall necessarily vacate the premises on expiry of the lease

    period automatically, if the Lessee shall be desirous of having the lease

    hereby granted, renewed for further term he shall intimate about the sameto the Lessor, atleast 60 30 60days before the expiration of the term

    hereby granted due to the Lessor in writing the notice of their intention to

    take such renewed lease, the lessor shall upon receiving such notice and ifthere shall not at the time of such request be any existing breach, non

    performance of non-observance of any of the covenants and conditions on

    the part of the Lessee herein contain, or any other factor wanting the lessorto get it vacated, grant to the Lessee a fresh lease of the demised premises

    from the expiration of the term hereby granted at the revised rent as

    prevailing at that time & as per the discretion of lessor & as deemed

    appropriate by him and upon the same terms and conditions as are hereincontainedas per the schedule in clause 1 above.

    v. If any rent shall be in arrears for two months or if the Lessee shall omit to

    perform or observe any of the covenants and conditions then in such case,

    it will be lawful for the Lessor to terminate this lease subject to clause 6 2(m) (vi) of para 3 of this agreement.

    vi. In the event of breach of any of the terms and conditions of the agreementon the part of either party, the aggrieved party shall cause a notice to be

    served on the defaulting party and if within 15 days from date of service of

    such notice, the defaulting party fails to remedy the breach, the aggrieved

    party shall proceed to enforce the rights and remedies under thisagreement without prejudice to any other remedy that may be available to

    the aggrieved party under the law.

    vii. Any delay or indulgence by the aggrieved party in enforcing its rights andremedies under this agreement or otherwise against the defaulting party

    shall not be constructed as a waiver on part of the aggrieved party nor

    shall the same in any way prejudice the rights and remedies of theaggrieved party under this agreement or otherwise against the defaulting

    part.

    viii. All disputes and questions whatsoever arising between the lessor Lessorand lessee Lessee regarding the terms, conditions and covenants herein

    contained or as to their rights and liabilities hereunder shall be referred to

    arbitration and settled in accordance with the provisions of the Indian

    Arbitration Act, 1940 or any statutory modification or re-enactmentthereof for the time being in force and such arbitration shall take place in

    Hyderabad.

    ix. The owner providing the following furniture and fittings:

    a) Fans6Nos

    b) Tubelights6 nos Nosc) Power Savers- 7 nosNos

    d) Kitchen Chimney

    e) Geysers - 2 Nos

    gf) Show lights - 11 nos Nos and

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    g) 8 Nos curtain rods.

    3. The Lessor agrees to the following covenants:

    a. To repairgive electrical and sanitary fittings and fixtures including repairs

    required for furniture fixtures as and when necessary and to keep the same in

    good working condition. The Lessee will do the minor maintenance andinform the Lessor about the major repairs and the same need to be done in a

    period 7 days post which, the Lessee will undertake the repairs and Toprovide electrical and sanitary fittings and fixtures as mentioned above in

    good working condition. The Lessee will undertake to maintain the electrical

    and sanitary fittings. In case of any major damages caused by Lessee, the

    same needs to be repaired or replaced by him. In case major damages are notcaused by the Lessee, the same would be repaired or replaced by Lessor. Eg.

    Replacement of burnt tubelights, bulbs, filaments of geyser or repair

    b. T he Lessee shall quietly enjoy the demised premises without interruption by

    the landlord or any person or persons lawfully claiming through, under or in

    trust for himc. To pay and discharge all existing and future rates and taxes assessment that

    may be imposed or charges upon the demised premises by the Municipal

    Corporation, Government of Andhra Pradesh, or any other authority includingall increases payable by the Landlord consistent with the covenants by the

    Tenant in that behalf herein before stated

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    SCHEDULE OF PROPERTY

    All that Flat area admeasuring 2,183sq.ft. of built-up area bearing Flat No 111 , 1st floor

    and parking admeasuring 150sq.ft in VARUNA Block at MY Home Navadweepa Apts.,

    in Sy. No. 79 (P) situated at Madhapur Village, Serilingampally Mandal, Ranga ReddyDistrict and bounded by:-

    NORTH : OpenSOUTH : Open

    EAST : Corrider

    WEST : Open

    In witness whereof the parties hereto have executed these presents the day and year firstabove written.

    Signed and Delivered by the Signed and Delivered by the

    Above name Lessor above name Lessee

    Represented by

    WITNESSES:

    1.

    2.