AGREEMENT FOR TENANCY

 

THIS AGREEMENT for Tenancy made and entered into at Mumbai, on this ........ day of .................20---- BETWEEN ......................................., being the Trust registered and incorporated under the Societies Registration Act, and the Bombay Public Trust, hereinafter called “THE LANDLORD” (which expression unless repugnant to the context or meaning thereof shall mean and include their executors, administrators and assigns) of the ONE PART and Mr..................................., residing at ................................................, hereinafter called “THE TENANT” (which expression shall mean and include his heirs, executors, administrators and assigns) of the OTHER PART:

 

WHEREAS, the Landlords are owner and are seized and possessed of an otherwise well and sufficiently entitled to the premises bearing No........... situated at .................... ....................................................., (hereinafter referred to as the said premises).

 

AND WHEREAS, the Tenant being in need of the Premises have requested the Landlord to grant to the Tenant, their premises on monthly tenancy, which the Landlord has agreed upon on the terms and conditions hereinafter, contained.

 

NOW THIS INDENTURE WITNESSETH AS FOLLOWS:

 

The Landlord lets and the Tenant takes the said premises on monthly tenancy basis.

 

The Tenant shall pay to the Landlord rent of Rs............... (Rupees .............................. Only) per month and deposit of three months i.e. Rs................. at the time of execution of this agreement, as well as Rs................. as a security deposit for the due performance of the present agreement.

 

The Tenant shall be liable to pay present and future maintenance Charges as well as other common charges, if any for maintenance of the building including the common light, and security charges, as and when due and payable.

 

The Tenant shall use the said premises strictly for bona fide purposes for which it is given and for no other purposes.

 

The Tenant shall: -

 

(a) pay the rent at the times and in the manner specified.

 

(b) pay for all 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 to the duration of the tenancy.

 

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

 

(d) shall pay the requisite stamp duty and registration charges, as required by law, for the time being in force.

 

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

 

(f) make good or pay for the repair of or replace all such terms of the fixtures, furniture and effects as shall be broken, lost, damaged or destroyed during the tenancy (reasonable wear and damage by fire excepted)

 

(g) Permit the landlord or the landlord’s agents at the reasonable hours in the day time to enter the property to view the state and condition thereof.

 

(h) not to sublet or part with possession of the property without the previous consent in writing of the Landlord.

 

(i) not to carry on, the property any profession trade which is prohibited by any law or use the premises for any other purpose.

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.

 

(j) carry out day to day and minor repairs such as water lekage, fuses, maintenance including any repair of leakage etc. to be done by the Tenant at their own cost.

 

(k) It is categorically, 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 due (whether legally demanded or not) or if there shall be a breach of

 

(l) 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.

 

The Landlord agrees with the tenant as follows:

To pay and indemnify the tenant against all present rates assessments and outgoings in respect of the property (except the water rate and except charges for the supply of electric light and power or the use of any telephone)

 

That the tenancy shall be renewable and transferable as per the provisions of the ------ Rent Control Act, 1999 and amendments carried out therein, from time to time provided such new Tenant / tenant enters into fresh Tenancy Agreement with the Landlord and the Landlord shall be entitled to charge increased rent as may deemed fit and proper by Landlord.

 

This Agreement shall take effect subject to the provisions of -------Rent Control Act, 1999.

 

The Landlord doth hereby covenant with the Tenant that: -

1. The Landlord now has in himself good right full power and absolute authority to demise unto the Tenant the demised premises and the buildings and the structures standing thereon in the manner herein appearing;

 

2. that on the Tenant paying the said monthly rent on the due dates thereof and in the manner herein provided and observing and performing the covenants, conditions and stipulations herein contained and on his part to be observed and performed shall and may peacefully and quietly hold, possess and enjoy the demised premises together with the buildings and structures standing thereon during the term hereby created without eviction, interruption, disturbance, claim and demand whatsoever by the Landlord or any person or persons lawfully and equitably claiming by, from, under or in trust for him.

 

AND IT IS HEREBY EXPRESSLY AGREED AND DECLARED BETWEEN THE PARTIES AS FOLLOWS: -

 

On the expiration of the term hereby created or earlier determination under the provisions hereof all the buildings and structures standing on the demised land shall automatically vest in the Landlord without payment of any compensation therefor by the Landlord to the Tenant.

 

The Tenant shall not be entitled, without obtaining in writing the permission of the Landlord, to assign mortgage, sublet (except to the extent of creating monthly tenancies) or otherwise part with possession of the demised premises or any of them or any part thereof and the buildings and structure standing thereon though such permission shall not be unreasonably withheld.

 

The Landlords shall not be liable to any person or authority for any act of omission, commission or negligence the Tenant or of any person claiming through or working under the Tenant.

 

In case, the Tenant desires to hand over the said premises to the Landlord due to unavoidable circumstances before the completion of the terms, it shall be lawful for the Tenant to give two months termination notice in writing to the Landlord.

 

IN WITNESS WHEREOF the Landlord and the Tenant have put their respective hands on the original and duplicate hereof the day and year first herein above written.

 

(THE SCHEDULE ABOVE REFERRED TO

 

Signed and Delivered by the within named Landlord ...................................... in the presence of ………………………

 

Signed and Delivered by the within named Tenant Mr. .............................. in the presence of …………………………