Residential Lease - India

Residential Lease for use in India.

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This kit includes tools and guidelines to assist you in drafting a Residential Lease.

A lease for an immovable property is a transfer of a right to enjoy such property for a certain time period, express or implied, or in perpetuity, in consideration of a price paid or promised, or of money, or any other thing of value, to be rendered periodically or on specified occasions, to the transferor (known as lessee or landlord) by the transferee (known as lessor or landlord), who accepts the transfer on such terms.

Among others, this form includes the following key provisions:
  • Parties to the lease
  • Grant of lease
  • Duration of Lease
  • Rent and Deposit
  • Duties and Obligations of Lessor and Lessee
  • Termination of lease
This attorney-prepared Residential Lease packet contains:
  1. Description and Instructions for Residential Lease
  2. Residential Lease for use in India
Law Compliance: This form is designed for use in India.
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.












Residential Lease
(India)











This Packet Includes:
   1. General Description   2. General Instructions
   3. Residential Lease





General Description
Residential Lease
(India)

A lease for an immovable property is a transfer of a right to enjoy such property for a certain time period, express or implied, or in perpetuity, in consideration of a price paid or promised, or of money, or any other thing of value, to be rendered periodically or on specified occasions, to the transferor (known as lessee or landlord) by the transferee (known as lessor or landlord), who accepts the transfer on such terms.

In a lease agreement there is a transfer of interest and it establishes the non-eviction of the tenant by the owner except on the grounds of eviction mentioned under the Rent Act.





General Instructions
Residential Lease
(India)

Essentials of Lease:

   A lease mainly contains the duration of the lease, the time of commencement, the amount of rent or premium, if any, the time of payment and the covenants between the lessor and the lessee upon which the lease should be granted.

   A lease may be from year to year, or month to month, or in perpetuity.    A lease of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent, can be made only by a registered instrument.
   All other leases of immovable property may be made either by a registered instrument or by an oral agreement accompanied by delivery of possession.
   Where a lease of immovable property is made by a registered instrument, such instrument, or where there are more instruments than one, each such instrument, must be executed by both the lessor and the lessee.    Stamp duty on the Sale deed differs from State to State which can be ascertained from the Sub-Registrar of the State or Region where the document has to be registered.
   All the documents or instruments to be registered have to be accompanied by a prescribed registration fee as per the State or Region where it has to be registered.

   The new Maharashtra Rent Control Act, Delhi Rent Control Act, Tamil Nadu Rent Control Act, Karnataka Rent Control Act all has provisions for the dispute among the landlords/lessors and tenants/lessees.  Each of the State Rent Act provides for fixation of Standard Rent as well decree for possession and provisions that lay down the satisfaction of the Court.











DISCLAIMER:

FindLegalForms, Inc. (“FLF”) is not a law firm and does not provide legal advice.  The use of these materials is not a substitute for legal advice. Only a lawyer/advocate/solicitor/barrister can provide legal advice.  A lawyer/solicitor/barrister should be consulted for all serious legal matters.  No Lawyer-Client / Solicitor-Client /Advocate-Client relationship is created by use of these materials.  
THESE MATERIALS ARE PROVIDED “AS-IS.  FLF DOES NOT GIVE ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY OR COMPLETENESS FOR ANY OF THE MATERIALS FOR YOUR PARTICULAR NEEDS.  THE MATERIALS ARE USED AT YOUR OWN RISK.  IN NO EVENT WILL:  I) FLF, ITS AGENTS, PARTNERS, OR AFFILIATES; OR II) THE PROVIDERS, AUTHORS OR PUBLISHERS OF ITS MATERIALS, BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATE OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER USED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE MATERIALS. 



The use of these materials is subject to the “Terms and Conditions” found at www.findlegalforms.com.



LEASE AGREEMENT
 

This Agreement of Lease (“Agreement”) is executed at ____________________[Name of Place] on the___ day of  ____________200_.
 
BETWEEN
 
Sri _____________ son of _______________ Aged about _________years, resident of ________________, hereinafter called “Lessor” (which expression shall unless it be repugnant to the context or meaning thereof mean and include his heirs, executors, administrators and assigns) of the FIRST PART
 
AND
 
Sri _____________ son of _______________ Aged about _________years, resident of ________________, hereinafter called “Lessee” (which expression shall unless it be repugnant to the context or meaning thereof mean and include his heirs, executors, administrators and assigns) of the SECOND  PART
 

Whereas the Lessor is the sole and absolute owner of an independent residential building Plot No. ___________, __________ Co-Operative Housing Society, ________________[Mention address], (hereinafter referred to as “the Premises”), and has agreed to grant lease of the Premises to the Lessee for use and occupation of the same for a period of ___ months commencing from the date of handing over possession of the building.
 
NOW THIS AGREEMENT WITNESSETH and the Parties hereto agree as follows:
 
1. Grant

The Lessor hereby grants to the Lessee the right to occupy and use the Premises and the fixtures and fitting as listed is the Schedule hereto for the term of ___ months commencing from the date of handing over of the Premises. Lessor agrees to hand over the Premises for Lessees possession on the date when this Agreement would be executed between both parties.
 
2. Duration of Lease
 
The duration of the Lease hereby granted shall be _____ months as aforesaid, and may be extended for further period of ___ months and similarly further extended upto a maximum term of 5 years from the date commencement of lease.
 
3. Rent; Deposit
 
A) The Lessee shall, during the period of occupation and use of the Premises pay to the Lessor monthly rent of Rs. _____ (Rupees _____ only) only for the first year. The rent will be escalated by ___% on the rent existing at the end of each 11 calendar months of occupancy. Lessee must pay the monthly rent regularly on or before the __th day of each month for that month, in advance after deducting the appropriate income tax at source, by an account payee cheque drawn in favour of the Lessor.
 
B) Lessee further agrees to pay the Lessor at the time of taking over possession of the Premises, a sum of Rs. ________ (Rupees _____ only) as an interest free deposit refundable on the expiry of the lease period or on the termination of the lease.
 
4. Duties and Obligations of Lessor and Lessee:
 
It is agreed between the Parties hereto that:
 
A) Lessee shall use the Premises only for purpose of his business.  

B) Lessee shall occupy and use the Premises without causing any nuisance or annoyance to other residents in the locality.  Lessee shall not cause or allow to be caused any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other residents in the locality.

C) Lessee shall use maintain the Premises in a good, clean and sanitary condition and shall not cause any damage to the Premises or any part thereof if notwithstanding the above, any damage is caused to the Premises or to any part thereof, the Lessee shall at own costs and expenses repair and restore the same to its original condition as nearly as possible.  

D) Lessee shall return the vacant possession of the Premises to the Lessor hereby granted on the expiry of the leased term or any extension thereof in as nearly a good condition as possible subject to normal wear and tear.
 
E) Lessee shall carry out all necessary tenantable repairs to the Premises at his own costs with prior consent of Lessor. The Lessee is responsible for insuring the Premises against fire, riots and civil disturbances, and acts of god and nature.

F) Lessee may fix or install additional fixtures and fittings in the Premises including air-conditioners, shelves racks, additional water taps, gas connection, electric fittings, telephones, sanitary and other installations, etc. as may deem necessary without damaging the Premises. Lessee, however, shall be entitled to remove such fixtures and fittings without causing any damage to the Premises, or if any damage is caused Lessee must restore the same to its original condition as nearly as possible at his own cost.  

G) Lessee shall not carry out any permanent or structural alternations or additions to the Premises without the prior consent of Lessor.

H) Lessor shall not be liable in the event of any theft, loss damage or destruction of any assets or properties of the Lessee kept in the Premises during the term of this Agreement.

I) Lessee shall upon receiving prior notice from Lessor permit the Lessor or his duly authorised agent to enter the Premises to inspect its conditions and for the purposes of making any repairs or alterations as may be deemed appropriate by Landlord for the preservation of the Premises. 
J) Lessor shall be responsible for paying property taxes and municipal taxes of the Premises and Lessee agrees to pay as and when due electricity, water and telephone charges payable to State of ................ Municipal Corporation .................. local or any other authority for the services utilised by Lessee.
 
K) The lease hereby granted is personal and not transferable. Lessee must not transfer or assign the benefit of this lease to any other person on any basis whatsoever. However, the Lessee may exercise the option of sub-leasing part of the Premises with the mutual written consent of the Lessor.  

L) Lessor has granted the present Lease to the Lessee strictly on a temporary basis. In the event that the Lessee fails to pay the monthly rent as agreed upon regularly and in time or does not cure or remedy any breach of other terms and conditions herein notified in writing within ________[Mention suitable time; usually 14 days to 2 months], the Lessor shall be entitled to terminate this Agreement by giving three (3) months notice to the Lessee.  

M) If at any time the dwelling house or the furniture or any part thereof shall be rendered unfit for occupation or use by reason of any damage; not due to default of the Lessee, the Lessor shall reinstate the same at his own expenses and with all convenient speed.

N) Lessor shall allow Lessee to have the right to use in common with other tenants/lessees and occupants the staircase and passages and the common compound of the building where the Premises is located.


5. Termination of lease
 
A) The Lessee or Lessor may at any time before the expiration of the agreed term of ___ months terminate the Agreement by giving to the other party three (3) calendar months written notice of its intention to terminate the Agreement herein and thereupon the Agreement herein shall come to an end on expiry of such three (3) months and the Parties shall not object to the same. The notice shall be sent by registered post acknowledgment due.  
B) Lessee agreed and understood that in the event of any failure on the part of Lessee to vacate and hand over vacant possession of the Premises to the Lessor on expiry of the lease hereby granted, the Lessor shall be entitled to adopt proceedings to recover possession of the Premises from the Lessee, in such event, all costs charges and expenses to be incurred by the Lessor to recover possession of the Premises shall be borne and paid by the Lessee exclusively.  

6. Miscellaneous  
 
A) All stamp duty and registration charges, if any, payable on these deeds shall be borne and paid by the Lessee alone.

B) This Deed is executed in duplicate, the original being retained by the Lessor and the duplicate by the Lessee.  

C) Any changes or additions to a Lease Agreement should be in writing.



IN WITNESS WHEREOF the Parties hereto have signed and delivered these deeds at _______________ the day and year first hereinabove written.


LESSOR  _______________________________ [Signature Illegible]

LESSEE   _______________________________ [Signature Illegible]

 
WITNESSES 

1) _______________________________ [Signature Illegible]

2) _______________________________ [Signature Illegible]
 

SCHEDULE

Fixtures and Fittings in the Premises

Number of Pages8
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#33493
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.












Residential Lease
(India)











This Packet Includes:
   1. General Description   2. General Instructions
   3. Residential Lease





General Description
Residential Lease
(India)

A lease for an immovable property is a transfer of a right to enjoy such property for a certain time period, express or implied, or in perpetuity, in consideration of a price paid or promised, or of money, or any other thing of value, to be rendered periodically or on specified occasions, to the transferor (known as lessee or landlord) by the transferee (known as lessor or landlord), who accepts the transfer on such terms.

In a lease agreement there is a transfer of interest and it establishes the non-eviction of the tenant by the owner except on the grounds of eviction mentioned under the Rent Act.





General Instructions
Residential Lease
(India)

Essentials of Lease:

   A lease mainly contains the duration of the lease, the time of commencement, the amount of rent or premium, if any, the time of payment and the covenants between the lessor and the lessee upon which the lease should be granted.

   A lease may be from year to year, or month to month, or in perpetuity.    A lease of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent, can be made only by a registered instrument.
   All other leases of immovable property may be made either by a registered instrument or by an oral agreement accompanied by delivery of possession.
   Where a lease of immovable property is made by a registered instrument, such instrument, or where there are more instruments than one, each such instrument, must be executed by both the lessor and the lessee.    Stamp duty on the Sale deed differs from State to State which can be ascertained from the Sub-Registrar of the State or Region where the document has to be registered.
   All the documents or instruments to be registered have to be accompanied by a prescribed registration fee as per the State or Region where it has to be registered.

   The new Maharashtra Rent Control Act, Delhi Rent Control Act, Tamil Nadu Rent Control Act, Karnataka Rent Control Act all has provisions for the dispute among the landlords/lessors and tenants/lessees.  Each of the State Rent Act provides for fixation of Standard Rent as well decree for possession and provisions that lay down the satisfaction of the Court.











DISCLAIMER:

FindLegalForms, Inc. (“FLF”) is not a law firm and does not provide legal advice.  The use of these materials is not a substitute for legal advice. Only a lawyer/advocate/solicitor/barrister can provide legal advice.  A lawyer/solicitor/barrister should be consulted for all serious legal matters.  No Lawyer-Client / Solicitor-Client /Advocate-Client relationship is created by use of these materials.  
THESE MATERIALS ARE PROVIDED “AS-IS.  FLF DOES NOT GIVE ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY OR COMPLETENESS FOR ANY OF THE MATERIALS FOR YOUR PARTICULAR NEEDS.  THE MATERIALS ARE USED AT YOUR OWN RISK.  IN NO EVENT WILL:  I) FLF, ITS AGENTS, PARTNERS, OR AFFILIATES; OR II) THE PROVIDERS, AUTHORS OR PUBLISHERS OF ITS MATERIALS, BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATE OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER USED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE MATERIALS. 



The use of these materials is subject to the “Terms and Conditions” found at www.findlegalforms.com.



LEASE AGREEMENT
 

This Agreement of Lease (“Agreement”) is executed at ____________________[Name of Place] on the___ day of  ____________200_.
 
BETWEEN
 
Sri _____________ son of _______________ Aged about _________years, resident of ________________, hereinafter called “Lessor” (which expression shall unless it be repugnant to the context or meaning thereof mean and include his heirs, executors, administrators and assigns) of the FIRST PART
 
AND
 
Sri _____________ son of _______________ Aged about _________years, resident of ________________, hereinafter called “Lessee” (which expression shall unless it be repugnant to the context or meaning thereof mean and include his heirs, executors, administrators and assigns) of the SECOND  PART
 

Whereas the Lessor is the sole and absolute owner of an independent residential building Plot No. ___________, __________ Co-Operative Housing Society, ________________[Mention address], (hereinafter referred to as “the Premises”), and has agreed to grant lease of the Premises to the Lessee for use and occupation of the same for a period of ___ months commencing from the date of handing over possession of the building.
 
NOW THIS AGREEMENT WITNESSETH and the Parties hereto agree as follows:
 
1. Grant

The Lessor hereby grants to the Lessee the right to occupy and use the Premises and the fixtures and fitting as listed is the Schedule hereto for the term of ___ months commencing from the date of handing over of the Premises. Lessor agrees to hand over the Premises for Lessees possession on the date when this Agreement would be executed between both parties.
 
2. Duration of Lease
 
The duration of the Lease hereby granted shall be _____ months as aforesaid, and may be extended for further period of ___ months and similarly further extended upto a maximum term of 5 years from the date commencement of lease.
 
3. Rent; Deposit
 
A) The Lessee shall, during the period of occupation and use of the Premises pay to the Lessor monthly rent of Rs. _____ (Rupees _____ only) only for the first year. The rent will be escalated by ___% on the rent existing at the end of each 11 calendar months of occupancy. Lessee must pay the monthly rent regularly on or before the __th day of each month for that month, in advance after deducting the appropriate income tax at source, by an account payee cheque drawn in favour of the Lessor.
 
B) Lessee further agrees to pay the Lessor at the time of taking over possession of the Premises, a sum of Rs. ________ (Rupees _____ only) as an interest free deposit refundable on the expiry of the lease period or on the termination of the lease.
 
4. Duties and Obligations of Lessor and Lessee:
 
It is agreed between the Parties hereto that:
 
A) Lessee shall use the Premises only for purpose of his business.  

B) Lessee shall occupy and use the Premises without causing any nuisance or annoyance to other residents in the locality.  Lessee shall not cause or allow to be caused any unreasonably loud noise or activity in the Premises that might disturb the rights, comforts and conveniences of other residents in the locality.

C) Lessee shall use maintain the Premises in a good, clean and sanitary condition and shall not cause any damage to the Premises or any part thereof if notwithstanding the above, any damage is caused to the Premises or to any part thereof, the Lessee shall at own costs and expenses repair and restore the same to its original condition as nearly as possible.  

D) Lessee shall return the vacant possession of the Premises to the Lessor hereby granted on the expiry of the leased term or any extension thereof in as nearly a good condition as possible subject to normal wear and tear.
 
E) Lessee shall carry out all necessary tenantable repairs to the Premises at his own costs with prior consent of Lessor. The Lessee is responsible for insuring the Premises against fire, riots and civil disturbances, and acts of god and nature.

F) Lessee may fix or install additional fixtures and fittings in the Premises including air-conditioners, shelves racks, additional water taps, gas connection, electric fittings, telephones, sanitary and other installations, etc. as may deem necessary without damaging the Premises. Lessee, however, shall be entitled to remove such fixtures and fittings without causing any damage to the Premises, or if any damage is caused Lessee must restore the same to its original condition as nearly as possible at his own cost.  

G) Lessee shall not carry out any permanent or structural alternations or additions to the Premises without the prior consent of Lessor.

H) Lessor shall not be liable in the event of any theft, loss damage or destruction of any assets or properties of the Lessee kept in the Premises during the term of this Agreement.

I) Lessee shall upon receiving prior notice from Lessor permit the Lessor or his duly authorised agent to enter the Premises to inspect its conditions and for the purposes of making any repairs or alterations as may be deemed appropriate by Landlord for the preservation of the Premises. 
J) Lessor shall be responsible for paying property taxes and municipal taxes of the Premises and Lessee agrees to pay as and when due electricity, water and telephone charges payable to State of ................ Municipal Corporation .................. local or any other authority for the services utilised by Lessee.
 
K) The lease hereby granted is personal and not transferable. Lessee must not transfer or assign the benefit of this lease to any other person on any basis whatsoever. However, the Lessee may exercise the option of sub-leasing part of the Premises with the mutual written consent of the Lessor.  

L) Lessor has granted the present Lease to the Lessee strictly on a temporary basis. In the event that the Lessee fails to pay the monthly rent as agreed upon regularly and in time or does not cure or remedy any breach of other terms and conditions herein notified in writing within ________[Mention suitable time; usually 14 days to 2 months], the Lessor shall be entitled to terminate this Agreement by giving three (3) months notice to the Lessee.  

M) If at any time the dwelling house or the furniture or any part thereof shall be rendered unfit for occupation or use by reason of any damage; not due to default of the Lessee, the Lessor shall reinstate the same at his own expenses and with all convenient speed.

N) Lessor shall allow Lessee to have the right to use in common with other tenants/lessees and occupants the staircase and passages and the common compound of the building where the Premises is located.


5. Termination of lease
 
A) The Lessee or Lessor may at any time before the expiration of the agreed term of ___ months terminate the Agreement by giving to the other party three (3) calendar months written notice of its intention to terminate the Agreement herein and thereupon the Agreement herein shall come to an end on expiry of such three (3) months and the Parties shall not object to the same. The notice shall be sent by registered post acknowledgment due.  
B) Lessee agreed and understood that in the event of any failure on the part of Lessee to vacate and hand over vacant possession of the Premises to the Lessor on expiry of the lease hereby granted, the Lessor shall be entitled to adopt proceedings to recover possession of the Premises from the Lessee, in such event, all costs charges and expenses to be incurred by the Lessor to recover possession of the Premises shall be borne and paid by the Lessee exclusively.  

6. Miscellaneous  
 
A) All stamp duty and registration charges, if any, payable on these deeds shall be borne and paid by the Lessee alone.

B) This Deed is executed in duplicate, the original being retained by the Lessor and the duplicate by the Lessee.  

C) Any changes or additions to a Lease Agreement should be in writing.



IN WITNESS WHEREOF the Parties hereto have signed and delivered these deeds at _______________ the day and year first hereinabove written.


LESSOR  _______________________________ [Signature Illegible]

LESSEE   _______________________________ [Signature Illegible]

 
WITNESSES 

1) _______________________________ [Signature Illegible]

2) _______________________________ [Signature Illegible]
 

SCHEDULE

Fixtures and Fittings in the Premises

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