<On Stamp Paper for a value as applicable in the State >
LEASE DEED :
MONTLY LEASE :
SECURITY : Rs.______/-
LEASE DEED
This lease deed is made at New Delhi, on this ____day of ____, 2018, between
5, Hereinafter called "The Lessor", (which expression shall unless it be repugnant to the
context or meaning thereof be deemed to mean and include his heirs, legal
representatives, administrations, executors etc.);
AND
, hereinafter called the "The Lessee” (which expression shall unless it be repugnant to
the context or meaning thereof be deemed to mean and include his/her/their heirs, legal
representatives, administrators, executors etc.)
WHEREAS the Lessor are the owners and in possession of freehold built up Entire
Industrial freehold property bearing No._____, situated in the layout plan of Clubdeals
Bazaar, Phase-XX, New India-110000.
AND WHEREAS the Lessee has approached the Lessor for the lease of a portion in the
building, inspected and seen the building and after having fully satisfied about the
ownership and title of the Lessor, the Lessee expressed his/its desires of taking on lease
Built up ___________________, measuring about ____Sq feet.,in respect of demised
premises No._____, Clubdeals Bazaar, Phase-XX, New India-110000.
AND WHEREAS the Lessor is ready and willing to lease the portion in the building and
the LESSEE has also inspected the said premises and is satisfied with its condition and
also finding it to be fit for their use. Lessee has also satisfied himself about the
measurements on Physical verification of the area.
NOW THIS LEASE DEED IS WITNESSETH AS UNDER:
RENT AND PORTION
That the lessee agreed to take on lease the Built up
________________________________________., in respect of demised premises No.
…….Clubdeals Bazaar, Phase-XX, New India-110000 , for a period of _____ (_____)
MONTHS at a monthly rental of Rs. _____/- (Rupees ____________________Only)
excluding water, electricity charges, incidental charges, Cetp and Gst.
That after the expiry of _____ MONTHS the rent shall be increased @ _____% and
a fresh lease Deed shall be executed at the sole discretion of the Lessor. The
Lessee shall pay the rent after deducting the TDS and give requisite TDS
certificates regularly. In case lessee fails to deposit the tax then they shall be
liable for action and payment of the TDS so deducted back to Lessor. That the
Payment of GST charges on the Rent shall be the responsibility of the Lessee.
GST Tax payment will be made to Lessor upon receipt of rent Invoice from Lessor.
Any GST/CEPT/Cesses/charges etc. in case applicable shall be borne by the
Lessee on actual at his/their own cost and expenses. That the Lessor shall not be
liable to pay the same at any stage.
MODE OF PAYMENT
1. That the tenancy is month to month, commencing from _____st day of each English
Calendar Month and expires on the last day of the same month.
The lessee agrees to pay the rent in advance month by month and assure that the
payment shall be made by _____st of the each English Calendar Month.
RENEWAL & EXTENSION
2. That the physical possession of the leased premises has been handed over to the
lessee at the time of executing this deed. That in consideration of the monthly rent
herein fixed and other covenants herein mentioned and contained, the Lessor agrees
to grant to the lessee lease in respect of the said portion of the building together with
common facilities and common passages and together with easements of such areas
of the building for a period of _____ MONTHS commencing from the date of handing
over of the peaceful physical possession of the said portion to the lessee i.e
____.2018 ending on _____._____, and the lease can be renewable and extendible
at the option of the Lessor solely on the terms and conditions agreed upon between
the parties, subject to enhancement of rent. That at the time of renewal of the next
lease Deed the sole options for such renewal shall remain with the Lessor and a fresh
lease Deed shall be registered at that time.
SECURITY&REFUND OF SECURITY ON TERMINATION
3. That the lessee has paid a sum of Rs.______/- (Rupees _______________ only) as
an interest free security. The amount received from the Lessee shall be Interest Free
Security Deposit (IFSD) and shall be refunded to the Lessee on the expiry of this
agreement or earlier termination thereof and on handing over the complete vacant
peaceful physical possession of the said Premise after adjusting all amount due from
the Lessee to the Lessor either on account of Lease Rentals (including arrears, if
any) or for the expenditure incurred on repair of the Premises necessitated on
account of modifications /damages caused to the Premises by the Lessee on account
of any act of negligence directly attributable to the Lessee or also any dues towards
electricity, telephone, water charges etc.
4. It is agreed that on termination or earlier termination of the lease (including the
Renewed Term of lease, if any, in the manner as mentioned above) and the lessee
expressing his desires and willingness to vacate and handover peaceful physical
possession of the tenanted portion on a fixed date given in writing, but only after the
expiry of the lock-in period i.e Two months from the date of commencement and the
Lessor shall refund the security deposit without interest and after deducting any
arrears of unadjusted rent, electric charges, water charges and/or incidental charges
at the time of handing over of the possession.
NON SUB-LETTING
5. That this lessee shall have no right, title or interest to sublet, assign, part with
possession of the whole or part of the above said portion taken on lease by them. It is
further made clear that the premises shall be occupied by the Lessee only for units of
___________and it cannot be occupied even by any of sister or subsidiary concerns
or partnership etc. of the Lessee or for any other purpose except with the prior
permission in writing with regard
NO ADDITIONS & ALTERATIONS
6. That if the lessee make any structural additions and alterations, and effects the
structure stability of the building then the same shall be done at his own risk, cost and
expenses. However, the lessee can also fix the portable partitions made of
wood/Aluminum/like material etc., install air-conditioners, electrical fittings and fixtures
without damaging the structure elevation and the outer structure if any manner. All the
expenses for restoring the modifications done so by the lessee has to be paid prior to
vacating or restore the same as it was at the time of taking the possession
INSURANCE OF BUILDING & MACHINE MATERIAL ETC
7. That the lessee at its own cost and expenses shall get the leased premises (at the
choice of Lessee), material, furniture, fittings etc. insured against loss of damages by
fire, theft and other casualties, normally covered by standard fire, theft, mob etc. and
extended coverage policies and forward a copy of the Policy to the Lessor for his
record. That the Lessor shall not be responsible for any such losses if happens in
future.
No CREATION OF LIABILITY ON THE PREMISES
8. That the lessee shall not create or allow the estate of the Lessor in the leased
premises at any time during the term or any extension to become subject to any lien,
charge or encumbrance whatsoever, and to indemnify and keep indemnified the
Lessor against all such liens, charges, and encumbrances. It is expressly agreed that
the lessee shall have no authority express or implied to create any lease, charge or
encumbrance upon the estate of the Lessor in the leased premises.
WHITE WASHING REPAIRS ETC
9. That the lessee agrees to keep the leased premises, electrical fittings, fixtures, water
and sewage fittings etc. in safe and good condition and minor repairs to these
amenities and facilities at its own cost and expense. The lessee shall surrender and
handover the vacant physical possession of the leased premises in such condition as
it may then be subject to ordinary wear and tear.
10. That the premises has been white-washed and all maintenance has been carried out
and it will be the responsibility of the lessee to keep the same in good habitable
condition and in case any white-washing, repairing of tiles, replacement of electrical;
sewerage pipe, water pipe, monoblock booster pumps, Submersible pumps etc. is
required, then the same has to be done by the lessee at its own costs and expenses
and the Lessor shall not be responsible for the same in any manner. That the Lessee
shall handover the possession in the same conditions i. neat and clean with white
wash as he has taken at the time of taking over the said demised premises.
ELECTRICITY, WATER CHARGES& CEPT
11. That the lessee agrees to pay when due all charges for the electricity, water as and
when demanded by the concerned authority on actual consumption basis as per the
tariff schedule of Tata Power (TPDDL)or its successor-in-interest and Delhi Jal Board
prevalent from time to time and handover the photocopies of the paid bills regularly. In
case the lessee fails to make the payment of electricity and water charges month by
month as demanded by the concerned Authority(s), in that eventuality the concerned
Authority shall be at liberty to disconnect the electricity, water and the Lessor shall not
be under obligation to provide the same to the lessee. That the Lessee shall also pay
the Cept charges as applicable directly to the concerned department.
NON-PAYMENT OF ELECTRICITY & WATER CHARGES
12. That if the lessee failed to make the payment of electricity and water charges as per
the demand by the concerned authority regularly and the concerned authority initiate
any proceedings or if lessee do any mischief and authorities take any action for any
fraudulent abstraction of energy illegally on any account whatsoever, then the lessee
shall be solely responsible and liable for the same including the damages/ penalties if
any
IN CASE OF MORE ELECTRICITY AND WATER LOAD
13. The water and electricity (light and power) connection already existing the desired
portion. Extra power, if any required shall be arranged by the Lessee at their own risks
and costs. However, the Lessor shall sign and execute all requisite applications,
documents, undertakings and provide all necessary assistance in this regard, but will
not visit the offices of the relevant authorities, until and unless called for in writing by
the concerned authorities.
The LESSEE agree to pay during the period of Lease the charges for the electricity
consumed in the said premises as per meter readings of the separate sub electric
meter provided for this purpose by the LESSOR for the said premises as per
commercial rates of the concerned electricity supplying authority.
a) In case the LESSEE desires to get additional load of electricity for the said
premises sanctioned from concerned electricity supplying authority or any other
appropriate authority, the LESSEE shall get the same at its own cost and the
LESSOR will give a "NO OBJECTION” Letter for the same. It is agreed and
understood that if for taking such additional load the LESSEE are required to pay
any deposit to the Authorities, then at the termination of the Lease the LESSEE
shall be entitled to get refund of the same from the electricity authorities and the
LESSOR shall render all help and co-operation to the LESSEE for the same.
b) The LESSEE undertake not to do any act or omit to do any act or thing which may
interrupt or disconnect the electricity of the other in the said building/ said
premises.
c) The LESSEE have satisfied themselves as to quality and of all installations related
to electricity within the premises which includes physical conditions along with load
or pressure that can be borne by such installations.
COMPLY WITH ALL RULES & REGULATIONS
14. That the lessee agrees to comply with all the rules, regulations of all the Govt.
Departments local bodies and all the provisions of the relevant acts applicable for the
proper and beneficial enjoyment of the premises.
14. That in case any local or government authority take any action against the premises
on account of violation of any law for using the premises without any license, trade or
business etc. and lodge any report, then the lessee shall be solely responsible and
liable for the same and the lessor has the right to recover the cost of the damages
directly/indirectly
COMMON BILLS AND PAYMENT:
15. That it is agreed between that the Lessee shall pay the proportionate charges of
common bills, common utilities of the aforesaid entire property like common bore/well,
booster pump charges, common areas/passages electric charges, common
maintenance charges with the other co-occupants of the entire building.
TERMINATION OF LEASE
1. It is hereby agreed that The Lessee shall not be entitled to terminate this
Agreement before expiry of a period of Two Months (‘Lock-in Period’) from the
Commencement Date. In the event, Lessee terminates this Agreement, prior to
completion of the Lock-in Period, in such an event, Lessee shall be responsible for
payment of Rent for the balance unexpired period of the Lock in Period.
a) The LESSOR during the term of the Lease, shall also have right to terminate the
Lease under following circumstances:
❖ If LESSEE fails to pay the rent or other charges, liabilities or dues for any month
then the LESSOR shall serve 7days written notice to the LESSEE for discharge of
the due amounts. However, if the LESSEE still fail to discharge its rent liability on
the expiry of the notice, the LESSOR at their discretion, shall thereupon terminate
the Lease and the Lessee shall also be responsible for Rent of Balance Period of
Lock In Period. Plus the damages
❖ The LESSEE shall also be liable to pay the overdue payments of Rs.10,000/- per
day and handover the physical possession of the said premises to the LESSOR.
❖ If LESSEE repeats default in payment of rent or any other above mentioned
charges after above mentioned notice and reprieve for the first time the termination
shall follow solely at the discretion of the LESSOR.
❖ Sub-letting, Mortgage, Pledge, Charge or assignment or any act of like nature.
❖ Dishonour of cheques given by the LESSEE for any reason whatsoever.
❖ Parting with possession of said property, for possession and rights, only main
contracting party are the right holder and not any subsidiary, venture company,
supplier etc.
❖ In case LESSEE undertakes, allows to be undertaken whether intentionally or
unintentionally any activity contrary or forbidden by law, regulations, laws and by-
laws and this include any activity by LESSEE, its employees etc.
❖ In case of liquidation proceeding against LESSEE.
❖ In case of LESSEE being penalized or fined or convicted of any unlawful, illegal,
wrongful and other such activities.
❖ In case of breach of any of term of this LEASE DEED or any other law, rules,
guidelines or by law applicable.
a) The LESSEE, on the expiry or earlier termination of the LEASE shall be liable to be
vacate the said property and handover the peaceful vacant possession of the said
premises to the LESSOR subject to the refund of the security deposit after
adjusting unpaid Dues by the LESSOR to the LESSEE.
b) On failure of the LESSEE to vacate the said premises, the LESSEE shall be liable
to pay to the LESSOR compensation equivalent to three times the rate of monthly
rent payable at the time of termination of the lease which shall be deducted by
LESSOR from Security Deposit.
c) Lessee will not remove any material till all dues of any nature are not cleared.
TERMINATION BY BOTH THE PARTIES
2. That Lessee shall be at liberty to vacate only after the expiry of the lock-in period
i.e36months, the lease during the currency of the lease period or during the
extending period by giving two months notice in writing sent on the Lessor but the
Lessor is at liberty to get vacated the said premises within the Lock-in period also if
desired by the Lessorby giving two months notice in writing sent on the Lessee.
DAMAGES FOR UNAUTHORISED USE & OCCUPATION
16. That if on expiry or earlier termination of the term of lease (including the renewed
term, if specifically entered into through a separate written lease deed), the physical
possession of the tenanted premises is not handed over to the Lessor, as stipulated
herein before, the Lessee shall be deemed to be in unauthorized use, occupation and
possession and shall be bound to pay damages, for the said period of unauthorized
use and occupation @ Rs.00,000/- (Rupees ……………………. Only) per day till the
actual physical possession is handed over by the lessee to and Lessor.
PROPERTY TAX
17. That the property tax, shall be borne by the Lessor in respect of the leased portion.
18. That the lessee agrees to pay all the taxes, cess, charges, rates etc. as are leviable
by the concerned authorities for the use and occupation of the premises by the lessee
connected with his/its trade/business/commercial.
FIRE FIGHTING EQUIPMENTS
19. That the Lessee shall provide and install Fire Fighting Equipment required inside the
portion or which may be required on account of any interior decoration/partition and
take all preventive measures as are required under the Delhi fire Prevention & Safety
Act, 1986 at its own costs and expense in future. This shall also apply for any future,
additional requirements.
NO LIABILITY
20. That the Lessee shall have no claim against the Lessor as to any item of work, quality
of work, material, installation etc. in the said portion or on any other ground
whatsoever. Complaints, if any, are to be got rectified before the taking over of
possession by the Lessee. The Lessor shall not be held responsible or liable for any
damage, loss etc. to the said portion or the building or any harm, injury etc. to the
Lessee, Occupier, Visitor or User thereof whatever may be the cause, after
possession of any of the portion is handed over to the Lessee.
NO HINDRANCE, INTERFERENCE, NUISANCE
21. That the Lessee shall not make any additions or alterations in the common portions,
meant for the use of Lessor/other occupant/occupants of the building and shall not
create any hindrance, interference or cause nuisance for the beneficial enjoyment of
the portions of the building by the other occupants and in case Lessee cause nay
hindrance or interference, then the same shall be removed by the Lessor/other
occupants of the building.
ENJOYMENT WITHOUT INTERFERENCE
22. That the Lessee shall be at liberty to use and occupy the said portion without any
interference or hindrance, but subject to complying with the terms and conditions,
contained herein and fulfilling the same.
NO CLAIM OF ANY NATURE
23. SAVE AND EXCEPT in respect of the particular portion hereby agreed to be leased by
the Lessee, the Lessee shall have no claim, right, title or interest of any nature or kind
except right of ingress and egress over or in respect of all or any of the common
areas, such as open space etc. which shall remain the property of the Lessor and the
Lessor shall be entitled to build upon or add to the existing structure and bring about
any changes herein without any objection by the lessee.
COMPLY WITHRULES ®ULATIONS
24. That the Lessee shall comply with and abide by the Laws, Bye-Laws, Rules &
Regulations, Requisitions, Demands etc. of the Municipal Corporation of Delhi, Delhi
Development Authority, Provident Fund, ESI, Labour Dept. or any other local authority
or Government Authority and shall attend, answer and carry out at his own cost.
COVENANTS TO BE COMPLIED BY LESSEE
25. That the Lessee shall not use the said portion or permit the same to be used for any
purpose whatsoever other than as permissible.
• That the Lessee shall not use the portion for any purpose which may cause
nuisance or annoyance to other occupiers in the building of the owners or
occupiers of the neighboring property or for any illegal or immoral purposes.
• That the lessee shall not at any time damage or demolish the said portion or any
part thereof agreed to be taken by them nor will at any time make additions or
alterations of whatever nature to the said portion or any part thereof.
INSPECTION & TO TAKE ANY STEPS BY THE LESSOR
26. That the Lessor or its nominee or their representative, employee etc. shall be entitled
at any reasonable time to enter into and upon the said portion for carrying out any
repairs or to take any steps to prevent danger to property etc.
27. That the Lessor or its employees shall be within his/her/their right to inspect the
demised premises within reasonable hours.
NO LIABILITY OF LESSOR
28. That the Lessor shall not be responsible or liable for the destruction or damage to the
demised premises or any part thereof by reason of any force majeure circumstances
like fire, acts of God, or any irresistible force, War, Civil Disturbance, riots, terrorism or
any other reason (s) whatsoever. However, if the demised premises cannot be used
by the lessee due to such destruction or damage, the lessee shall be at liberty to
handover vacant peaceful physical possession of the tenanted premises and in case
the lessee fails to handover the premises to the Lessor, then the lessee shall be
responsible and liable to pay the rent/damages, as agreed upon, as mentioned above.
LIABILITY OF LESSEE
29. That incase the aforesaid premises is sealed by any of the Government/semi- Govt.
dept. or by any authority due to the use and occupation/trade &licence of the premises
by the lessee connected with his/its trade/business/commercial use in the demised
premises, then the lessee shall be responsible to get the premises de-sealed at their
own cost and expenses and also indemnity to the Lessor that they will not stop the
rent during that period also.
30. That the Lessor and Lessee do hereby Jointly and severally undertake to SIDBI and
its successions and assigns at hat SIDBI its officials and authorised agents and
representatives/successors and assigns shall have full right and liberty to enter upon
the said demised premises for the purpose of inspection/investigation/exercise of any
of its rights(s) whatsoever as creditor/secured creditors of the Lease under the terms
of the security documents executed between SIDBI and the Licensee in respect of the
financial facilities granted to the Lesssee and/or for exercise of its right under any
provisions of the law thereof for enforcement of its securities located at the demised
premises without any hindrance of objection whatsoever from the Lessor/owner or
any person(s) claiming under him/them.
SERVICE OF NOTICE
34.That any notice in terms of this lease by either party, will be given at the above stated
address by registered A.D. post.
LEGAL EXPENSES FOR THIS DEED
35.That all the expenses for the legal documents, including stamp duty, registration
charges, other incidental expenses and for registration thereof in relation to the said
portion, shall be borne by the both the parties equally.
MAINTENANCE OF GENSET
________________________
36. That the Lessee shall also pay the extra charges for the use of the Genset as has
been mutually decided between the Lessor and the Lessee as per the separate
agreement.
IN WITNESS WHEREOF THE PARTIES TO THIS AGREEMENT HAVE SET THEIR
RESPECTIVE HANDS ON THE DAY, MONTH AND YEAR FIRST ABOVE WRITTEN.
WITNESSES
LESSOR
1.
2
LESSEE
DRAFTED BY :
Legal Team
Clubdeals Realty
www.clubdealsrealty.com