The costs by way of stamp duty and registration charges in respect of the Deed of Lease will be borne and paid by the parties hereto in equal shares. A simple case of arrears of rent and ejectment recently came up before the Hon'ble Supreme Court of India in December, 2014, in Satendra Singh v Vinod Kumar Bhalotia, where the apex court highlighted how the process of law was sought to be abused by the lessee by repulsing the lessor's attempts to recover possession of the premises. Should the destruction be due to the default or negligence of the Tenant, his family, visitors, servants or persons occupying the Premises under him, the Landlord shall under these circumstances be entitled to claim payment of such damages as the Landlord may have suffered. Holding Over Where parties rely on 'renewal' or 'extension' clauses for lease of the premises beyond the initial lease term, their rights and obligations arise from the written Lease Deed executed by them. The apex court held that where an original Lease Deed contains a clause for renewal, and the Parties do renew the lease in accordance with such clause, whether or not the lessee would be entitled for further successive renewals shall depend on the facts and circumstances unique to each case. To give effect to an extension clause, stamp duty is required to be paid in the first instance and calculated on the basis of the total lease term contemplated in the original Lease Deed.
Any demand or notice sent by the post in either case shall be assumed to have been delivered in the usual course of post. If any clause, or part of a clause, in this Property Rental Agreement is found to be unlawful, it shall not affect any of the other clauses whatsoever and the balance of the Property Agreement will remain binding on both the Tenant and Landlord. If the Premises or any part thereof, or any part of the building containing the Premises is acquired or condemned by the power of eminent domain by any public or other authority so as to render the Premises unsuitable for residential purposes, then this Lease may be terminated at the option of either Party. To avoid these formalities, agreements are made for 11 months and extended as per mutual consensus of the parties involved. Subject to the terms and conditions of this Lease Agreement, each of the Parties hereto will use all reasonable efforts to take, or cause to be taken, all action, and to do, or cause to be done, all things necessary to fulfill its obligations under this Lease Agreement.
If however the Lessee rejects the Change Request, the Lay-Out Plan will continue in force unchanged. Generally Rent hike is depending upon the mutual discussion between both parties. It is common knowledge that on expiry of a lease, it is the duty of the lessee to hand-over vacant and peaceful possession of the property to the lessor. He called me to remind me that my lease term was getting over and i shall need to renew it. There needs to be a legally valid documentation of the terms and conditions of the rental agreement. Occupant A energy bill : Rs. Is there any legal implications otherwise.
By the time it is signed, it is often too late for the attorney to do anything about a problem with the real estate. This is a mistake; forgetting or underestimating the importance of a renewal option can backfire on a tenant. This Lease may only be amended in writing and signed by both the Lessor and the Lessee. On the date when the possession of the Premises is handed over to the Lessee , the Lessor covenants that the Premises shall be fully fitted and the interior changes shall be done as per the Lay-Out Plans and be ready for use and occupation by the Lessee. The Lessee acknowledges that it has examined the Premises and furnishings and personal property and that they are in a good and habitable condition.
He clearly explains what my options are and always answers all my questions promptly. In most cases, the lessor's consent was indicated by conduct such as voluntarily accepting rent from the lessee. The Tenant further agrees to repair all damage caused by such removal failing which, the Landlord may have the improvements removed and damage repaired and recover all costs so incurred from the Tenant. Weaver was very knowledgeable in real estate laws and looked out for my best interest. The Environmental Protection Agency governs the disclosure of lead-based paint warnings in all rentals in the States.
These legal concepts apply to situations where a lessee is desirous of continuing to lawfully occupy the leased premises, even after expiry of the original lease period. Page 4 of 24 D. This Lease is subject and subordinate to all present and future mortgages, trust deeds and other security instruments that may be placed on the Premises or the building in which the Premises are located. Any changes, variation, or modification of the terms of this Lease shall not be valid unless made in writing and signed by both Parties hereto. The Renewal Agreement allows the Landlord and Tenant to continue the renting relationship while also giving them the opportunity to make any necessary changes to their original lease, such as new occupants, rules, or payment arrangements. The landlord could include a provision for annual escalation in the rent. Any notice which the Landlord requires to give to the Tenant shall be deemed to have been validly given if sent by pre-paid registered letter to the Tenant at the Premises or left by the Landlord or his Agent at such address, which notice shall be deemed to have been received 5 days after posting by registered post, or on the day the notice was delivered by hand.
The Lessor shall cooperate with the Lessee to avail of such benefits. If in any event the damage suffered to the Premises result in that the Premises is not suitable for the purpose for which it has been leased, it shall constitute a ground for the Tenant or the Landlord to cancel this Lease Agreement. Should the Tenant fail to make payment of any of the aforementioned, the Landlord shall have the right without prejudice to his other rights in law or under this Agreement to effect payment himself and to recover the amounts so expended from the Tenant. Through his dedication, he accomplished my primary goal and my secondary goal. The lease renewal agreement negates the need to prepare a whole new document, whilst still allowing for amendments to the original agreement. The Lessor may also enter the Premises when the same appear to be abandoned and for the purpose of placing signs offering the Premises for sale or rent.
This gives your tenants ample reminder about their upcoming lease termination date and gives you the most notice possible should your tenant elect to move out. The Lessor shall not assign this Lease or sublet all or any portion of the Premises without on each occasion obtaining the prior written consent of the Lessor. Generally, more than 11 months rent agreement needs to be registered. The rent shall be exclusive of the taxes, assessments, dues and duties payable in respect of the said land and the building or buildings to be constructed thereon, to the Government or the Municipal Corporation or any other local authority or public body and which taxes etc. It is neither a Law Firm nor a Chartered Accountancy or Company Secretary Firm. The Lessor agrees to demise to the Lessee and the Lessee agrees to take on lease the said piece of land situated at …. The Lessee agrees to promptly give notice to the Lessor of any required repairs or unsafe conditions and the Lessor will be afforded a reasonable period of time to complete the same.