Residential Lease Deed

RESIDENTIAL LEASE DEED

This Lease Deed ("Lease Deed") is made at ________, Andaman and Nicobar Islands on ________

BY AND BETWEEN:

________, with correspondent address at: ________, (hereinafter referred to as "Lessor" which expression shall mean and include its legal heirs, administrators and permitted assigns) of the FIRST PART

AND

________, permanent resident of the following address: ________, (hereinafter referred to as "Lessee" which expression shall mean and include its legal heirs, administrators and permitted assigns) of the SECOND PART

(Lessor and Lessee are hereinafter individually referred to as 'Party' and collectively as 'Parties')

WHEREAS:

A. The Lessor is the owner and in physical possession of the property located at: ________ (hereinafter called the "Leased Premises") along with the existing fixtures and fittings listed in Annexure 1 to this Lease Deed.

B. Lessee had approached the Lessor for a grant of lease in respect of the Leased Premises and the Lessor has agreed to lease out the same to the Lessee.

C. The Lessor and the Lessee are now desirous of executing this Lease Deed to record the terms and conditions governing lease of the Leased Premises as set forth hereinafter.

NOW THEREFORE THIS LEASE DEED WITNESSETH AND IT IS AGREED BY AND BETWEEN THE PARTIES HERETO AS UNDER:

1. GRANT OF LEASE

The Lessor hereby grants to the Lessee, the right to enter into and use and remain in the Leased Premises along with the existing fixtures and fittings listed in Annexure 1 to this Lease Deed and that the Lessee shall be entitled to peacefully possess, and enjoy possession of the Leased Premises, and the other rights granted herein.

2. PURPOSE

The Lessee shall use the Leased Premises only for residential purposes. The Leased Premises shall be exclusively used by the Lessee for himself and his family members as residence only. The Leased Premises shall not be used for any commercial purposes such as trade or business. The Lessee shall not use the Leased Premises for any unlawful purposes and shall forthwith notify the Lessor if it becomes aware of any illegal activities being conducted on the Leased Premises. The Lessee will not store or allow to be stored on the Leased Premises any objectionable items prohibited by any law in force during the Lease Period.

3. LEASE RENT

3.1. The Lessee has agreed to pay the rent of Rs. ________ (________) in advance on or before 1st (first) day of each calendar month by account payee cheque.

3.2. In the event of delay in the payment of rent by the Lessee, interest at the rate of ________ % (________ percent) per annum shall be payable on the entire outstanding amount from the due date till the actual date of payment.

3.3. It is hereby agreed that if a default is made in the payment of rent by the Lessee for: ________ (________) consecutive months the Lessor shall be entitled, in addition to other rights and remedies available to the Lessor under this Lease Deed and applicable laws, at its sole discretion to terminate the lease granted under this Lease Deed and to take possession of the Leased Premises as the full and absolute owner thereof without regard to the time elapsed.

3.4. Provided however, a notice in writing shall be given by the Lessor to the Lessee of his intention to terminate the lease and to take possession of the Leased Premises. In the event the Lessee pays the arrears of rent within a period of ________ (________) days from issue of the notice by the Lessor, the Lessor shall not be entitled to terminate the lease of the Leased Premises. However, if the arrears of rent are not paid by the Lessee, within a period of ________ (________) days from issue of the notice by the Lessor, the lease shall stand automatically terminated with no further acts required on part of the Lessor.

4. TERM OF THE LEASE

The lease of the Leased Premises shall commence on ________ and shall continue for a period of ________ (________) months ("Lease Period") unless terminated earlier in accordance with the terms hereof. Upon expiry of the Lease Period, the lease shall be renewable on the same terms and conditions provided a request for renewal is made by the Lessee ________ (________) months before expiry of the Lease Period. If no notice of renewal is issued by the Lessee, the lease shall terminate upon expiry of the Lease Period.

5. SUBLEASE, ASSIGNMENT

The Lessee shall not sublet, assign, or otherwise part with the possession of the Leased Premises either in part or in full without the consent in writing of the Lessor. Any assignment, sub-lease, or license without the prior written approval of the Lessor shall be null and void and in such an event the Lessor shall be entitled to terminate the lease at its sole discretion.

6. SECURITY DEPOSIT

6.1. The Lessee has paid to the Lessor an amount of Rs. ________ (________) as interest-free refundable security deposit. The Lessor acknowledges receipt of the security deposit.

6.2. The security deposit shall be refunded without any interest simultaneously with the delivery of possession of the Leased Premises by the Lessee to the Lessor upon expiry of the Lease Period or earlier termination of this Lease Deed in accordance with the terms hereof subject to there being no outstanding dues by the Lessee. The Lessor shall be entitled to adjust any outstanding amounts of rent, interest, or other charges due from the Lessee and any amounts spent on repairing damages caused to the Leased Premises by the Lessee against the security deposit prior to refunding the same to the Lessee. In the event the amount of the security deposit is not sufficient to cover the outstanding amounts due to the Lessor, the Lessee shall be liable to pay all such outstanding amounts within a period of 15 (fifteen) days from receipt of a written demand from the Lessor.

6.3. In the event the Lessor sells the Leased Premises or assigns all rights under this Lease Deed to a third party ("New Lessor"), the security deposit shall also be transferred to the New Lessor and the Lessor shall thereafter not have any liability towards the return of the security deposit to the Lessee.

7. GAS, WATER, ELECTRICITY AND OTHER UTILITIES

7.1. The Lessee shall pay maintenance charges to the residential/ building association of the building, as applicable. At present, the maintenance charges to be paid are: Rs. ________ (________). The maintenance charges are to be paid at the following interval: ________.

7.2. In the event of any increase in the maintenance charges as specified above, the same shall be borne by the Lessee.

7.3. The Lessee shall pay the electricity, water charges and charges for any other utilities at actuals directly to the authorities concerned. The relevant meter readings as of the date of this Lease Deed are attached as Annexure 2 hereto.

8. TELEPHONE, FAX, AND INTERNET

The Lessee shall have the right to apply for, obtain and install telephone, fax, internet and/or cable lines in the Leased Premises in their own name and at their own cost. The Lessee shall remove the telephone, fax, internet and/or cable lines obtained and installed by them, as well as pay all dues on the expiry/termination of the lease.

9. STRUCTURAL ADDITIONS

9.1. The Lessee shall not carry out any structural additions, modifications, or alterations to the Leased Premises without the prior written consent of the Lessor. If the Lessor approves the additions, modifications, or alterations to the Leased Premises in writing, and the Lessee intends to use a contractor to carry out the same, such contractor must also be approved in writing by the Lessor prior to commencement of the work.

9.2. The Lessee may install and remove its own fittings and fixtures, provided this is done without causing any damage to the Leased Premises. Any such fixtures and fittings may be required to be removed by the Lessor, at its sole discretion, upon vacation of the Leased Premises by the Lessee.

10. COMPLIANCE WITH RULES

The Lessee shall comply with all applicable laws, rules, and regulations of the local government authorities in relation to the Leased Premises. The Lessee shall also comply with the rules and regulations of the building/ residential association where the Leased Premises are situated.

11. POSSESSION

11.1. Lessee shall be handed over possession of the Leased Premises simultaneously with the execution of this Lease Deed.

11.2. In the event the Lessor is unable to hand over possession of the Leased Premises to the Lessee on the date as specified above, due to any unforeseen circumstances, Lessor shall not be liable for any damages, but the Lessee will not be liable to pay rent until possession is given.

12. REPAIRS

The Parties agree that day-to-day repairs such as fuse blowout, replacement of light bulbs/tubes, leakage of water taps, maintenance of the water pump and other minor repairs, etc., shall be carried out by the Lessee at its own cost, and any major repairs, either structural or to the electrical or water connection, plumbing leaks, water seepage shall be attended to by the Lessor. In the event of the Lessor failing to carry out the repairs on receiving notice from the Lessee, the Lessee shall undertake the necessary repairs and the Lessor will be liable to reimburse costs incurred by the Lessee within a period of ________ (________) day.

13. INSPECTION

The Lessor and/or its authorised personnel shall have the right to enter upon and inspect the Leased Premises or any part thereof with prior written notice of ________ at any time during the following hours: ________. Provided, however, in case of an emergency, no prior notice shall be required to be given.

14. TAXES

14.1. The Lessor shall be responsible for the payment of property tax and any other municipal taxes pertaining to the Leased Premises during the Lease Period. Any other statutory taxes or duties levied by the Government or governmental departments shall be borne by Lessor.

14.2. The Parties agree that stamp duty and on this Lease Deed shall be borne by both Parties jointly.

15. OBLIGATIONS OF LESSEE

15.1. The Lessee shall use the Leased Premises along with its fixtures and fittings in a careful and responsible manner and shall hand over the premises to the Lessor in the same condition (reasonable wear and tear excepted).

15.2. Lessee agrees that it shall not damage the Leased Premises and shall be responsible for any damage sustained to the Leased Premises as a result of any activity on the part of Lessee's invitees, licensees, and/or guests.

15.3. Lessee shall comply with all obligations imposed upon lessees by applicable provisions of law and building associations;

15.4. Lessee shall use and operate all electrical, plumbing, sanitary, ventilating, air-conditioning and other facilities and appliances, including elevators (as applicable) in a reasonable manner;

15.5. Lessee shall not destroy, deface, damage, impair, or remove any part of the Leased Premises or property therein belonging to the Lessor nor permit any person to do so;

15.6. Lessee shall conduct himself or herself and require other persons on the Leased Premises with his or her consent to conduct themselves, in a manner that does not unreasonably disturb the Lessee's neighbours or cause nuisance.

16. 88252855885 82 255588

________. 228825 85588 822282 8825 5228885882 8588 525 252 252 252888258 25528 82 5282282 22 252 225825 25228828 82 5 282282 252225.

________. 228825 85588 228552 2552 522 25225 5225858 85885 252 82 52858525 225 252 225825 25228828 85588 82 8555825 252 82 5 282282 252225.

17. 852855585855885 888 2888885555 82 255588

________. 58282 22 252 225825 25228828 - 552 228825 558 5 88255 525 2552225882 28282 22 252 225825 25228828 525 558 252 58252, 22825, 525 552525822 22 25522 22 252 228822 252 82582 22 252 225825 25228828.

________. 55528 &522; 852228228 –552 228825 558 2585 525 85588 252 588 25882822 525 252552 252888258 55228, 25528, 828828, 525 8828855 252228228 82 5282282 22 252 225825 25228828.

________. 22582258 2288288822: 552 228822, 22 252822 5222 525 22525 8555228 2525882 58 225 2588 22582 8225 522585582 525 22 5582 288258822 252 22528 525 8225828228 525222, 85588 82 22282825 22 85822 525 22582258 222222222 22 252 225825 25228828 555822 252 85888822282 22 252 2252 525222, 8825252 522 28825582822, 822255522822 25 58825585282 82 252 228825 25 522 225822 25 2258228 85825882 88582822 2552525 25 52525 252 228825.

________. 558222 58 822882825 58282, 252 228825 25228 22 522528222528228 525 8555522828 828855822 852 222 8828225 22 522 2525288 25 8228825 8555522828, 8825 522555 22 252 822582822 22 252 225825 25228828 525 252 228822 88 252822 252 225825 25228828 22 52 58-88-85252-88 85888.

18. REPRESENTATIONS AND WARRANTIES OF THE LESSEE

18.1. The Lessee hereby covenants, warrants, and represents with the Lessor as follows:

18.2. Lease Rentals - to pay the Rent on the due dates and in the manner specified in this Lease Deed and to observe and abide by all the terms and conditions as set out in this Lease Deed.

18.3. Handover of vacant possession – To hand over the vacant possession of the Leased Premises to the Lessor immediately upon expiry of the term of the Lease and/or on earlier termination of this Lease Deed. The Lessee shall be liable to remove all the fittings and fixtures installed by them in the Leased Premises and reinstate the Leased Premises subject to wear and tear.

18.4. Good condition – To keep the Leased Premises at all times in good condition.

19. INSURANCE

The Lessor shall be responsible for insuring the Leased Premises.

20. DEFAULT

A breach of any of the terms of this lease by the Lessee which is not cured within a period of: ________, from receipt of notice from the Lessor shall be considered a default under this Lease Deed. Breaches may include but are not limited to, failure to pay the lease rent, engaging in any unlawful activity, damaging, or otherwise destroying Leased Premises or any common areas therein, or violation of any part or sub-part of this Lease.

21. TERMINATION

21.1. The Lessor shall also be entitled to terminate the lease without any notice in the event of a default committed by the Lessee which is not cured within a period of: ________, from the date of receipt of a written notice in that regard from the Lessor.

21.2. Lessor shall be entitled to terminate this Lease Deed by giving written notice of: ________ to the Lessee of its intention to terminate.

21.3. Lessee shall be entitled to terminate this Lease Deed by giving written notice of: ________ to the Lessor of its intention to terminate.

21.4. Upon any termination of the Lease for any reason whatsoever, the Lessee shall hand over physical vacant possession of the Schedule Property to the Lessor simultaneous with the Lessor refunding to the Lessee the Security Deposit after adjusting all monies due and payable by the Lessee in terms of this Lease Deed.

21.5. On termination of the lease, either by efflux of time or otherwise, the Lessee will quietly and peacefully deliver vacant possession of the Schedule Property to the Lessor in a clean and good condition subject to normal wear and tear simultaneous with the Lessor refunding the Security Deposit after adjusting all monies due and payable by the Lessee in terms of this Lease Deed.

22. INDEMNITY

Each Party shall defend, indemnify, and hold harmless the other Party from and against any claim, liability, demand, loss, damage, judgment, or other obligation or right of action, that may arise as a result of the breach by such Party of this Lease Deed, or any misrepresentation made herein.

23. GOVERNING LAW

This Lease Deed shall be governed by the laws of India.

24. ASSIGNMENT BY LESSOR

The Lessor shall be entitled to sell, assign, convey or transfer in any manner his interest in the Leased Premises or his rights and obligations under this Lease Deed to any third party without the written consent of the Lessee, provided that he ensures that the prospective purchaser/assignee agrees to be bound by the terms of this Lease Deed.

25. AMENDMENT

The terms of this Lease Deed shall not be altered or added to, nor shall anything be omitted therefrom except by means of a Supplementary Lease Deed in writing duly signed by both the Parties hereto.

26. DISPUTE RESOLUTION

26.1. Except as otherwise specifically provided in this Lease Deed, the following provisions apply if any dispute and difference arise between the Parties, arising out of or in relating to/connection with this Lease Deed (The 'Dispute').

26.2. Dispute will be deemed to arise when one Party serves on the other Party a notice stating the nature of the Dispute (a 'Notice of Dispute').

26.3. The Parties hereto agree that upon serving a Notice of Dispute, they will use all reasonable efforts to resolve the Dispute between themselves through negotiations.

26.4. Subject to the foregoing, the courts in ________, Andaman and Nicobar Islands shall have exclusive jurisdiction over any dispute, differences or claims arising out of this Lease Deed.

27. RIGHT TO MORTGAGE

Lessor reserves the right to mortgage or otherwise place a lien on the Leased Premises and Lessee agrees to accept the Leased Premises subject and subordinate to any such mortgage or lien. In the event the Lessor has already mortgaged the Leased Premises, it shall ensure that it obtains the consent of the mortagor, if required, for lease of the Leased Premises.

28. SPECIAL CONDITIONS

The Lessee agrees that it shall not without prior written permission of the Lessor carry out the following activities in the Leased Premises:

________

29. NOTICES

29.1. Any notice or other information/document required or authorised by this Lease Deed to be given shall be given in writing, in English and by:

29.2. Delivering it by hand (a written acknowledgement in receipt thereof shall be sufficient evidence that the notice or other information has been duly given); or

29.3. Sending it by nationally recognized courier; to the relevant Parties at the addresses specified in the name clause of this Lease Deed above.

30. SEVERABILITY

If at any time, any provision of this Lease Deed shall become or be held illegal, invalid, or unenforceable in any respect under any law, then the legality, validity or enforceability of the remaining provisions shall not in any way be thereby affected or impaired.

31. WAIVER

No failure on the part of either Party to exercise, and no delay on the part of either Party in exercising any right hereunder, shall operate as a waiver thereof, nor shall any single or partial exercise of any such right preclude any other or future exercise thereof or the exercise of any other right. The remedies herein are cumulative and not exclusive of any remedies provided by law.

32. COUNTERPARTS

This Lease Deed may be executed in two or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute the same instrument.

Annexure 1 - Fixtures and fittings

IN WITNESS WHEREOF, the Parties hereto have executed this Lease Deed:

___________________________

________

___________________________

________