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Tenancy Agreement
Tenancy Agreement
THIS AGREEMENT made at Mumbai, the ______ day of __________, 200__ BETWEEN 1) _______________________________, 2) ____________________________, 3) ______________________________, and 4) _________________________, (the entire body of heirs and legal representatives of _______________________ who died intestate at Mumbai on ____-____-________) and 5) ______________ ______________________, all of Mumbai, Indian Inhabitants, hereinafter for brevitys sake referred to as the Landlords (which expression shall, unless it be repugnant to the context or meaning thereof, include their respective heirs, executors, administrators and assigns) of the ONE PART AND _______________________________ of Mumbai, Indian Inhabitant, hereinafter called the Tenant (which expression shall, unless it be repugnant to the context or meaning thereof include his/her heirs, executors and/or administrators and assigns) of the OTHER PART WHEREAS : a) The Landlords own a leasehold piece of land bearing CTS No.______ of _________ situated at _________________________________________, Mumbai 400 0____; b) By and under an Agreement dated _____ ______________ 200__ the Landlords agreed with M/s. __________________________ (hereinafter referred to as __________) under which ________ was permitted to put up, at its own cost, a new multy-storeyed building (as a building belonging to the Landlords) on the aforesaid leasehold land and by such agreement the Landlords agreed to execute a Tenancy Agreement, (in the form of the present document) in favour of the person/s as may be selected / decided by the ___________; c) The aforesaid building has now been constructed and is named _______________, and the Landlords are the owners thereof; d) The Landlords are entering into this Tenancy Agreement in pursuance of their obligations aforesaid. NOW THESE PRESENTS WITNESS that the parties hereto agree, record and confirm as under :I. Effective from the _____ day of ____________, 200__ the Landlords have let out to the Tenant and the Tenant has taken a tenancy from the Landlords (as a contractual monthly tenancy) the tenanted premises viz. the Flat/Unit No._____ admeasuring ______ sq. ft.,
located on the ______ Floor of the said building, (hereinafter referred to as the tenanted premises) with means of access to and from the said tenanted premises along the steps/stairway leading to the said tenanted premises, as also the lift in the said building, in common with the other tenants and occupants of the said Building. The said tenanted premise is shown on the floor plan on _____ floor annexed hereto and marked as Annexure A by red outline. II. The Tenant doth hereby agree and covenant with the Landlords as under : a) to pay NET to the Landlords, free from deduction, a sum of Rs.___/- (Rupees _________ Only) per month per unit for Residential premises and Rs.____/- (Rupees __________ Only) per month per unit for Commercial Premises, as agreed net contractual monthly rent in respect of the said tenanted premises, payable on or before the 10th day of each and every succeeding English Calendar month. Such contractual rent is not and shall not be liable to any upward revision, whether or not there is any amendment or repeal of the Rent Act or on any other whatsoever; b) to pay or reimburse to the Landlords promptly, on demand, at actuals, and proportionately all the Municipal Taxes, charges and cesses as may be levied in respect of the tenanted premises by the concerned Public authorities, from time to time; c) to pay to the Landlords, regularly in advance, by the 10th day of each and every English Calendar month; the proportionate share of all outgoings, (including for insurance, maintenance for lift etc., and the common electricity charges in respect of all common areas, salaries and wages of sweepers, security personnel appointed for the building), of the said property; d) Until the actual quantum of the amount payable under sub-clauses (b) and (c) hereinabove is determined, to pay to the Landlords, on ad-hoc basis, an amount of Rs.________/- per month, towards the said amount; e) to pay the electricity charges directly to Reliance Energy/B.E.S.T for the electricity consumed in the tenanted premises as per the metres in respect thereof and also to contribute proportionately towards water charges, payable to the Municipality; f) to pay or reimburse to the Landlords at actuals, all future increases in the Municipal Taxes and other cesses etc., in respect of the said tenanted premises whether such increase are as a result of consequence of the user of the said tenanted premises by the Tenant, or by way of increase in rateable value or increase in the rate of tax and outgoings or on any other count whatsoever; g) to carry out all repairs to and painting of he interior of the said tenanted premises and to keep and maintain the same in a good and tenantable state of repair and condition and to contribute proportionately towards general repairs and maintenance (including painting) of the said building; h) to contribute proportionately towards the cost of periodical repairs, painting and general maintenance of the building; i) j) III. not to create and charge or in any other manner encumber his / her rights to the tenanted premises; not to commit any act on the tenanted premises which may cause nuisance or annoyance to the other occupants of the said building. The Landlords hereby covenant with the Tenant : That the Tenant paying to the Landlords the said monthly rent and outgoings and the Tenant observing and performing the terms and conditions and obligations on the part of the Tenant 2
contained in this Agreement, the Tenant shall be entitled to continue to use and occupy the tenanted premises without any obstruction, let or hindrances from the Landlords or anyone lawfully or equitably claiming through or under the landlords; IV. IT IS HEREBY UNDERSTOOD AND AGREED as express integral, essential, vital terms and conditions and covenants as under : a) The Tenant shall be entitled to use the tenanted premises for any purpose whatsoever and howsoever, permissible by law and permitted by the Lease granted by the Co-operative Society owning the land and if there is any change of user prior permission of the Society and of the BMC (if necessary) shall be obtained; b) The Tenant shall be entitled to bring in and install in the tenanted premises from time to time, and also to remove therefrom, as and when required by the Tenant, his appliances (including air-conditioner) and fixtures and / or fittings as also the furniture, as per the requirements of the Tenant; c) If and when the Tenant desires to transfer or assign (or otherwise alienate) his / her tenancy in respect of the tenanted premises in favour of anyone or to sublet or give on leave and licence basis the tenanted premises or portions thereof, the Tenant shall be entitled to do so. No further consent of the Landlords shall be required for the purpose. However, in the case of absolute assignment, intimation in writing shall be given to the Landlords within one month; All assignees and/or other alienees shall be bound by all the terms and conditions of this Agreement. All consideration that may be received on such assignment and / or other alienatation shall belong to the Tenant. It is clarified that the Tenant may charge the sub-tenant and/or the Licensee such amount by way of rent/license fee/compensation as the tenant may determine and which may be higher than the contractual rent agreed to be paid by the Tenant to the Landlords under this Tenancy Agreement and in that event the Tenant shall be liable to bear and pay to the Landlords any additional and / or higher Municipal rates, taxes and levies as may be levied by the Municipal Corporation and other concerned authorities; d) The Tenant shall be at liberty to carry out renovations including internal alternations and including putting up partitions, etc., in tenanted premises, but on condition that : i) ii) iii) iv) no alternations or additions shall be made to RCC struture of the building (i.e. columns, beams, and / or slab); no alterations or additions shall be made which would endanger the said building; no alterations shall be made in the external elevation of the building; all such alterations or additions shall be in keeping with the Municipal Rules, Regulations and Bye-Laws of the Society.
e) The Landlords agree and covenant with the Tenant that so long as the Tenant pay to the Landlords the agreed contractual monthly rent hereinabove specified (which is not liable to any increase or decrease, on any count whatsoever) and the Tenant observe and performs the terms of tenancy and the obligation on the part of the tenant contained in this Agreement, the Landlords will not terminate the contractual monthly tenancy of the Tenant and will not evict or take any steps or action to evict the Tenant nor disturb or hinder the use and occupation by the Tenant of the tenanted premises; f) The Tenant is aware that the terrace on the top of the building shall always belong to and be in the exclusive possession of the landlords subject to access to the lift machine room and water tank to all the tenants.
IN WITNESS WHEREOF the Landlords and the Tenant respectively have hereunto set their respective hand the day and year first hereinabove written.
SIGNED AND DELIVERED by the withinnamed THE LANDLORDS 1) _________________________________ 2) _________________________________ 3) _________________________________ 4) _________________________________ 5) _________________________________ in the presence of
) ) ) ) ) __________________ )PAN _______________ ) ) __________________ ) PAN _______________ ) ) __________________ ) PAN _______________ ) ) __________________ ) PAN _______________ ) ) __________________ ) PAN _______________ )
SIGNED AND DELIVERED by the withinnamed THE TENANT _________________________________ in the presence of