Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 11

Agreement of Leave and License

This Agreement of LEAVE AND LICENSE is made and executed on ____________at Mumbai

Between,

1) ___ ,an adult, AGE:___ Years, Occupation: _____, PAN: _____, Aadhar: _______ , Email-
id:_________, Indian Inhabitant, presently residing as

HEREINAFTER called ‘the LICENSOR (which expression shall mean and include the Licensor above
named and also his/her/their respective heirs, successors, assigns, executors and administrators) of
the ONE PART;

AND

2) ___ ,an adult, AGE:___ Years, Occupation: _____, PAN: _____, Aadhar: _______ , Email-
id:_________, Indian Inhabitant, presently residing as

HEREINAFTER called ‘the LICENSEE (which expression shall mean and include the Licensor above
named and also his/her/their respective heirs, successors, assigns, executors, administrators and
assigns) of the SECOND PART;

WHEREAS the LICENSOR is absolutely owned, seized and possessed of an ownership basis and or
otherwise well and sufficiently entitled to all that constructed portion being residential unit bearing
Apartment / Flat no. A-407, Alviso / A-Wing, Kanakia Silicon Valley, CTS no. 101, Behind Dr. L. H.
Hiranandani Hospital, Tirandaz, Powai, Mumbai - 400076, Maharashtra and situated within the
limits of Mumbai Municipal Corporation. Hereafter here underwritten and for the sake of brevity
called or referred to as “licensed premises” or “the said Flat” and is/are desirous of giving the said
premises on leave and license basis under section 24 of the Maharashtra rent control act, 1999 along
with Terms and conditions mentioned herein.

AND WHEREAS “the LICENSOR” is in exclusive use, possession and occupation of the licensed
premises and is holding unencumbered ownership right. The Licensor has already paid the amount
due and payable in respect of the licenced premises till date.

AND WHEREAS the Licensee herein is in need of temporary premises for his/her Residential use
has/have approached the Licensor with a request to allow the Licensee herein to use and occupy the
said premises for residential purpose on Leave and License basis for a period of ___ Months
commencing from ______________ and ending / expiring on _____________, on terms, subject to
conditions and compensation agreed herein below.

AND WHEREAS the Licensor have agreed to allow the Licensee herein to use and occupy the said
Licensed premises for her aforesaid Residential purposes only, on “Leave and License” basis for
above mentioned period, on terms, subject to conditions and compensation hereafter appearing;

NOW THEREFORE IT IS HEREBY AGREED TO, DECLARED AND RECORDED BY AND BETWEEN THE
PARTIES HERETO AS FOLLOWS:-
1) Period: That the Licensor hereby grants to the Licensee herein a revocable leave and license, to
occupy the Licensed Premises and part take the facility with provisions like fixtures and fittings
therein belonging to the licensor in the said premises hereunder written without creating any
tenancy rights or any other rights, title and interest in favour of the Licensee for a period of
___Months only commencing from 01/09/2023 and ending on 31/08/2025 (both days inclusive)

2) License Fee & Deposit: That the Licensee shall pay to the Licensor License fee at the rate of Rs.
____(Twenty-Five Thousand Only) per month towards the compensation and Rs.______(Seventy-Five
Thousand Only) interest free refundable deposit, for the use of the said Licensed premises. The
amount of monthly compensation License fee shall be payable within first five days of the concerned
month of Leave and License.

3) Payment of Deposit: That the Licensee have paid / shall pay the above mentioned
deposit/premium as mentioned above by Cash. Amount Rs__________/-(Seventy-Five Thousand
Only)

4) Use Of Premise: That the Licensed premises shall only be used by the Licensee for Residential
purpose. The Licensee shall maintain the said premises in its existing condition and damage, if any,
caused to the said premises, the same shall be repaired, make good or replace by the Licensee at its
own cost. The Licensee shall not do anything in the said premises which is or is likely to cause a
nuisance or annoyance to the other occupants of the said building or to the prejudice in any manner
to the rights of Licensor in respect of said premises or shall not do any immoral or unlawful activities
prohibited by State or Central Government .

5) Alteration: That the Licensee shall not make or permit to do any alteration or addition to the
construction or arrangements (internal or external) to the Licensed premises without previous
consent in writing from the Licensor.

6) use the Premises for the Purpose and shall not sub-let the Premises (except to individuals, third
party, its affiliates, group companies and third party service providers for the Purpose) without
obtaining prior consent of the Licensor. Even after obtaining the consent of the Licensor, the Licensee
shall at all times be liable to the Licensor for any acts or omissions of the Licensee;

7)That the Licensee shall not claim any tenancy right and shall not shall not mortgage or raise any
loan against the said premises.

9) ACCESS TO PREMISES: To permit the Licensor and its agents, surveyors and workmen with all
necessary appliances to enter upon the said premises at all reasonable times by prior appointment
(except in the case of emergency where no appointment is required) for the purpose whether of
viewing the condition thereof or of doing such works and things as may be required for any repairs,
alterations or improvements whether of the said premises or of any parts of any building to which
the said premises may form a part of or adjoin.
10) Cancellation: That, Subject to the condition of lock in period (if any), if the Licensee commits
default in regular and punctual payments of monthly compensation as herein before mentioned or
commit/s breach of any of the terms, covenants and conditions of this agreement or if any legislation
prohibiting the Leave and License is imposed, the Licensor shall be entitled to revoke and / or cancel
the License hereby granted, by giving notice in writing of one month and the Licensee too will have
the right to vacate the said premises by giving a notice in writing of one month to the Licensor as
mentioned earlier.

11) Possession: That the immediately at on the expiration or termination or cancellation of this
agreement the Licensee shall vacate the said premises without delay with all her goods and
belongings. In the event of the Licensee failing and / or neglecting to remove herself and / or her
articles from the said premises on expiry or sooner termination of this Agreement, the Licensor shall
be entitled to recover damages at the rate of double the daily amount of compensation per day and
or alternatively the Licensor shall be entitled to remove the Licensee and her belongings from the
Licensed premises, without recourse to the Court of Law.

12) Miscellaneous: OTHER TERMS AND CONDITIONS:- The Licensees shall pay to the Licensor a
License fee per month of Rs _____________ - Rupees twenty five thousand only - from _______ to
_______ in the name of Licensor for such use and occupation of the said Premises as aforesaid in
advance on or before the 1st of each month, Towards this, the Licensees shall provide the Licensor
with 11 post-dated cheques in favour of the Licensor towards payment of License fee for the above
stated period. The Licensor will give Licensees, signed post dated monthly receipts in original of the
license fees received every month -of the subject to the realization cheques- for the above period.
(a) DEFAULT IN RENT In the event the rent remaining unpaid seven (7) days after becoming
payable (whether formally demanded or not), it shall be lawful for the Licensor to claim interest
at ten percent (10%) per annum on the amount unpaid calculated from after the date due to the
date of actual payment.
(b) In case of dishonoring of cheque and rent is not paid, then the Licensor will charge bank default
price in actual and have option to terminate this Agreement prematurely by giving only seven
days notice and deducting the full months fee and pending charges from the licensee from the
deposit. The Licensees hereby irrevocably declare and undertake that they have carefully
considered the monthly compensation payable for such use and occupation and considers the
same to be reasonable and proper and the Licensee undertakes that they shall at no time claim to
be a Licensee or sub-Licensee, leasee of the said Premises and shall under no circumstances claim
that the monthly compensation payable to the Licensor is rent or make any application for
standard rent. This undertaking of the Licensees constitutes the fundamental essence of this
Agreement and the Licensor has entered into Leave and License Agreement expressly relying
upon the correctness of the same. The Licensees shall pay to the Licensor a refundable interest
free security deposit of Rs. _____________-Rupees ____________________ Only- for duly
performing on his part of this Agreement. There will be a minimum lock-in of six months for
refunding this deposit. On the expiry of this Agreement, the Licensor shall refund the said
security deposit to the Licensees through post dated cheque or as provided hereinafter -whichever
is later-after deducting and unpaid and pending charges, damages and bills and penalties, as
applicable.

1:-The Licensees shall duly and punctually pay all utility charges -including Electricity charges, supply
of Water, Water borne Sewerage system, Telephone, Cable TV, Broadband charges, Mahanagar Gas
charges etc -except the regular Society outgoings-every month and shall supply the Licensor
photocopies of the bills and payment receipts from time to time, as and when demanded for
verification. The receipts and bills will be handed over to the Licensees at the time of handing over
the possession by the Licensees to the Licensor.
2:-The License fee is inclusive of all rates, taxes, cesses, assessments and duties levied by the
Municipal Corporation but exclusive of monthly society maintenance fees to be paid in respect of the
said Premises. The Licensor agrees to pay regularly all municipal taxes, cesses and shall also pay all
other taxes and also the monthly society maintenance fees regularly to keep the property free from
any attachments etc.

3:- All Society charges related to shifting in and Shifting out of the said Premises shall be borne by the
Licensee. All other charges applicable to the licensee for using the facilities in the Premise, by virtue
of being a Licensee, would be payable by the Licensee.

4:-The One key of the Main and Safety door will always remain with the Licensor and the Licensor
shall give to the Licensees 2 set of keys of the main and safety door including bed room key of the
said Premises for his use, which the Licensees shall return to the Licensor on the termination of this
License. The Licensees undertakes not to change the lock of the main door without the consent of
the Licensor under any circumstances. Any violation will authorize the Licensor to take necessary
action for changing the locks by having the liberty to break open such locks / locking device.

5:-The Licensees may install domestic electric appliances, telephone connection and other
conveniences required by him in the said Premises that does not require any civil installation, and
that such installations will be removed by the Licensees on the expiration of the term of Leave and
License in respect of the said Premises at his own cost. In the event of default by the Licensees on
this account, the Licensees shall be responsible to bear the remedial cost.

6:-The Licensee shall keep the interior of the Said Premises and the floors, walls, ceiling, doors,
windows, electricity installations, water taps and other fittings and fixture-list enclosed-thereof in
good working condition and shall repair, make good or replace-by similar quality replacement-
damage or breakage caused to the same, or any part thereof, at their own expense.

7:-The Licensees will keep and maintain the said Premises, in good order and Licensee-able
condition and upon the termination of this Agreement will leave the same in as good condition - as it
was in - on the date hereof. The Licensees shall be responsible to bear the remedial cost of the
damage, if any, in respect of the said Premises and shall be liable to compensate the Licensor for
such damage -reasonable wear AND tear or act of God excluded.

8:-The Licensees shall use and occupy the said Premises for residential purpose only and not to use
the same for any illegal, immoral or improper purpose or as a public house, not to cause, permit, do
or suffer to be done anything in the said Premises which is or is likely to be a nuisance or annoyance,
disturbance, hinderance or cause damage to the Licensor or the adjoining owners or occupiers of
neighbouring properties and or are objectionable to the society.

9:-The Licensees will not make any changes, alterations or addition in or to the said Premises unless
the Licensees have obtained a specific permission in writing and duly signed from the Licensor. The
Licensees shall be responsible for the damage, if any, in respect of the said Premises and shall be
liable to compensate the Licensor for such damage.

10:-The Licensees will be liable if any damage is caused to the leakages provided by the Licensor in
the said Premises. The Licensor has the right to deduct the cost for such damage, if any, from the
Security Deposit. The Licensees will keep and maintain the interior of the house provided by the
Licensor in the said Premises, in good order and Licensee-able condition and must return in the same
condition provided by Licensor on the first day of shifting in the house.
11:-The Licensees shall not store or be allowed to store or bring in the said Premises any goods,
articles or a hazardous, inflammable, explosive, corrosive toxic or combustible nature - other than
normal household use, which may contravene any statute or subsidiary legislation.

12:-The Licensor and / or his authorized representatives shall have the liberty to enter and inspect
the said Premises for satisfying that the Licensees have complied with and carried out the terms and
conditions of this Agreement, at any reasonable hour after giving a prior verbal notice to the
Licensees and/or a written notice by Licensor / ____________________ Society.
13:-The Licensee would be responsible to keep the interior, fixtures and equipments by doing all
comprehensive AMC, repair, make good, replacement required with regards to any equipment or
otherwise-drainage, ACs, Piping, Wall dampness, Plumbing, Servicing etc - arising out of the usage of
said equipment/facility by the Licencee by virtue of them staying in the premise. A copy of the
service contract shall be forwarded to the Licensor
14:-The Licensees shall not do or cause or allow or permit to be done in or around the said Premises
or in any other part of the said Building, anything which is obnoxious, anti-social, illegal or immoral
nature or prejudicial of decency or etiquette including use as guest house of the Licensees which may
cause nuisance or annoyance to the occupiers of the building. The Licensees shall not do or suffer to
be done anything therein which is or is likely to be a nuisance or annoyance to the other occupants
of the said Building/Society.

15:-The Licensees shall observe and perform all the terms, conditions, agreements, covenants and
provisions under which the Licensees occupy the said Premises and shall observe and perform the
Rules and Regulations and Bye-laws for the time being and from time to time in force of the said
Society in the said building. During tenure of this Agreement, the Licensees shall indemnify and keep
indemnified the Licensor fully of, from and against the same.

16:- The Licensees and its Guests shall strictly follow the rules, regulation and bylaws adopted by the
Developer/Association of the Licensor/occupants at all times.

17:- The License is purely personal and temporary to the Licensees and the Licensees shall not assign
the same or transfer the benefit of this Agreement or any part thereof to any other person or party
nor allow any other person or party to use in and occupy the said Premises. The said Premises shall
be used by the Licensees alone for their own residence and they will not sublet and/or allow any
other unauthorized person to use the same without the knowledge and permission of the Licensor.
The Licensee shall at all times ensure that all authorized occupants of the said premises comply with
all applicable laws.

18:-Exclusion of Liability: The Licensor shall not be responsible for any injury suffered or damage
that may happen to the person or property, whatsoever, of the Licensee, his family members,
servants, visitors, invitees and other persons using the Said Premise for the time being by any
untoward incident including fire, rain, floods, leakage, bursting of water or electric wires, castings or
tubes or other installation in or about the Said Premises or by the giving way of any portion or
portions of the flooring, walls, roof, ceiling or any other part of the building or from any cause
whatsoever.

19:-The Licensor shall not be responsible or liable for any injury, theft, loss, damage or destruction of
any property of the Licensees or any other persons lying in the said Premises nor for any bodily injury
to any person / pets nor to his/her/their goods, belongings or things / property lying in the said
Premises by the Licensees from any cause whatever.
20:-The parties hereto agree that license granted to Licensees hereunder will come to an end by
efflux of time or by giving two months prior notice-calculated from the nearest 30th of the month
when the notice is given by the Licensee to the 30th of next two month - in writing by the Licensees
to the Licensor before the expiry of the term of this License. If no renewal information is given by the
Licencees by __________, it would be assumed that the Licencees would be vacating the flat by the
end of the lease period.

21:-It is hereby agreed between the parties hereto that immediately on expiry of this Leave and
License Agreement or the earlier revocation thereof, the Licensees shall at their own cost remove
their family together with all articles and things belonging to the Licensees including any of the
furniture, fixtures, fittings, articles etc. owned by the Licensees without any hindrance, damage or
delay. All shifting charges to be paid for the Society towards the same will be borne by the Licencees.

22:-The parties declare that this agreement is governed by the provisions of the Maharashtra Rent
Control Act, 1999. The parties hereto agree that without prejudice to the foregoing provisions and
without prejudice to all or any other rights and remedies that may be available to the Licensors
under this agreement. The Licensor are entitled to avail of rights conferred by the Maharashtra Rent
Control Act, 1999 to recover possession of the Said Premises.

23:-Both the parties shall have option to terminate this Agreement without assigning any reason
after giving 2 Month notice in writing to the other party upon which the Licensor shall refund the
said security deposit of Rs._____-Rupees Seventy Thousand only-after adjusting any License fees and
other amounts payable by the Licensees as per this Agreement, for the period used by the Licensees
and after handover of the vacant peaceful possession of the said Premises to the Licensor.

24:-In the event of the Licensees committing any breach of any terms and conditions of this
Agreement, the Licensor shall be entitled to terminate this Agreement by giving seven days notice in
writing to the Licensees. Upon such earlier termination of this Agreement, the Licensees shall vacate
the said Premises immediately and give vacant possession of the said Premises to the Licensor upon
which the Licensor will refund the Security Deposit of Rs. ______-after deducting payables, damages,
and bills, if any as applicable-as a post dated cheque immediately to the Licensees on taking the
vacant possession of the Premise.

25:-Without prejudice to the right of the Licensor under the provisions of this Agreement, upon the
expiration of term of this Agreement by efflux of time or its sooner termination as provided herein, if
the Licensees default the in complying with the terms and conditions of this Agreement and does not
cease to use and occupy the said Premises and / or to remove themselves and their family members
and servants occupying the said Premises as well as all goods, effects chattels, articles and things
brought, kept or stored by the Licensees in the said Premises, the occupation of the said Premises
shall be viewed as illegal and unauthorized and the Licensor and the Society would be entitled to
stop such unauthorized access to the said Premise. In this event the Licensee shall be treated as a
trespasser on the licenced premises and the Licensor will also be entitled to take necessary
proceedings under the provision of law for evicting the Licensee and obtaining vacant and peaceful
possession of the licensed premises.

26:-If the default mentioned in clause mentioned above continues for 1-one-month by the Licensees
and the Licensee fails to handover the vacant possession of the said Premises, the Licensor, without
prejudice to the rights of the Licensor under this Agreement will be entitled for the following.

a:-To forfeit the entire Security Deposit and amount received from the Licensees as damages for non-
performance of the terms and conditions of this Agreement by the Licensees.
b:-Charge the Licensee all legal, administrative and other charges incurred to take the vacant
possession of the flat.

c:-Sell the belongings of the Licensee and pay the proceeds of such a sale, after deducting dues
payable, to the Licensee before taking possession of the flat.

d:-The Licensees hereby irrevocably undertakes to comply with these conditions, pay the damages
and shall not challenge the provision of this clause in any court or before any authority.

27:-This Agreement shall be determinable if the Licensees commit breach of any terms of this
Agreement,

28:-It is the express intention of the parties hereto that this Agreement shall be a mere License to
use and occupy the said Premises by the Licensees being restricted for a purpose of using the said
Premises as residence for the Licenseeed period on the terms and conditions contained in this
Agreement, in accordance with the rules and regulations of the Municipal Corporation of Greater
Mumbai (MCGM) and other authorities concerned. It is agreed by and between the parties that if
any permission is required from the MCGM and/or any other authority for such user, the same shall
be obtained by the Licensee at his own cost. If any additional taxes, rates or charges of Local
Authority, Municipal Corporation, State Government, Central Government become payable as a
result of such other user as aforesaid the LISCENSEE shall reimburse the same.

29:-Nothing herein contained shall be deemed or construed as creating any right, interest, easement
tenancy or sub-tenancy in favour of the Licensees in or upon the licensed Premises or transferring
any interest whatsoever herein in favour of the Licensees other than the permissive use hereby
granted. It is the express intention of the parties hereto that the Licensor shall be and shall always be
deemed to be in legal possession full charge and control of the licensed Premises at all times.

30:-In the event of this Agreement being terminated by the Licensor or the Licensees, the Licensor
shall, simultaneously on the Licensees vacating the said Premises forthwith, return to the Licensees
the balance of the Security Deposit by cheque.

31:-This Agreement is executed and each party shall be entitled to have copy thereof duly executed
by both the parties. Each such is an independent instrument but both of them together constitute
one and the same agreement. Any change or amendment to be made to this Agreement shall be
made only by written instrument in writing by both the parties.

32:-This Agreement shall be governed by the jurisdiction of the competent Courts at Mumbai.

33:- It is expressly agreed and understood by the Licensees that this is a bare License and nothing
herein contained shall be ever construed to create any right of tenancy, sub-tenancy, lease or sub-
lease in favour of the Licensees and the juridical possession of the said Premises shall at all times
vest with the Licensor, and the Licensees shall at no time claim any right, title or interest in the said
Premises or any part thereof and it is fully recognized and understood that the Licensees have only
bare license to use the said Premises for period of 11 months only.

34:-Not withstanding whatsoever stated above, it is clearly understood and agreed between the
parties hereto that the permission is revocable by the Licensor prematurely if any legislation
prohibiting or restricting Leave and License permission is impending.

35:- No waiver of any provision of this Agreement or consent to any departure from it by either party
will be treated as effective unless it is expressly in writing and duly signed. A waiver or consent will
be effective only for the purpose for which it was given. No default or delay on the part of either
party in exercising any rights, power or privileges operates as a waiver of any right, nor does a single
or partial exercise of any right preclude any exercise of other rights, power or privileges.

36:-If any part of this Agreement is determined by a court or arbitral tribunal to be invalid or
unenforceable, the remaining part of this Agreement will not be affected, impaired or invalidated,
but will continue to bind the parties. The invalid or unenforceable part of this Agreement shall be
treated as if it had been modified to comply with applicable law and the parties shall there upon
negotiate to agree on a mutually satisfactory provision to substitute the provision found to be invalid
or unenforceable.

37:-The Licensee and/or Occupant may, if it wishes, obtain at its own cost, any insurance cover in
respect of its goods and belongings in the Flat and in respect of a claim under such insurance, the
Licensee/Occupant shall be entitled to receive and retain any amount settled by the Insurer.

38:-The List of the fixtures provided by the Licensor in the abovesaid flat are as follows:- Kitchen
Cabinet below platform and Exhaust Fan, Geyser in all 3 bathrooms, Wash Basin with Counter Mirror,
Exhaust fan in Toilet window, Video door phone, Air-Conditions in all rooms, Fans, Tube lights, Steel
Cupboards.

39:-Both the parties here by agree for the above mention list of fixtures. The Licensees shall hand
over it in as is condition to the Licensor without any damage/scratch/missing component/non-
performing component.
40:-This deed does not contemplate any transfer of property. Hence, no registration is required under the
Registration Act, 1908.

41:- All permission related to the premises usage as Guest house from Govt authorities shall be in Licensee
scope not limited to police permit, BMC, Fire fighting, etc. In the event of any monetory loss or penalty related
to it the same will be in Licensee scope. Any issue handling needs to be in Licensee Scope.

42:- Any increase in Maintenance charge due to service continuity of tenancy/Guest house activity required
the same will be in Licence scope.

43:- The Security Deposit needs to be of 3 months till the end of Tenancy period.

44:- Licensee at any point of time can terminate this agreement by giving 2 months notice at any point of time
due to any reasons.

13) Damages, Repairs and Alterations

a. All the sanitary, electrical and other fittings and fixtures and appliances in the premises shall be handed over from the
Licensor to the Licensee in good working condition. There will be a 3 week maintenance period after the possession of
Licensee. If during these 3weeks any defect in the same is identified & duly notified, the Licensor shall be responsible to
repair/ replace the same at her own cost. Upon returning the premises, all the sanitary, electrical and other fittings and
fixtures shall be restored by the Licensee to a good condition as they are at present., subject to normal wear and tear or
damage by acts of God.

b. The Licensee shall be entitled to erect fittings, fixtures, wooden partitions, cabins or make any such
addition or alteration, as may be necessary for the Licensee’s use; provided that she shall remove the said fittings, fixtures,
wooden partitions, cabins, additions or alterations and restore the Leased Premises to the Licensor in the same condition
as existed before making such changes on the expiry of the term of the lease.
c. The Licensor represents that the Leased Premises is free from all construction defects such as
leakage, cracks in house walls including that of compound walls, breakage of floor tiles, etc.
13) Selling of Premise: In the event, at any time after the expiration of ( ) months, should the
Licensor/s intend to sell the said premise, it shall be lawful for the Licensor to determine this
Tenancy by giving not less than ( ) months’ advance notice in
writing to the Licensee

14) RIGHT TO TERMINATE: In case the said premises shall be destroyed or damaged as aforesaid,
either party shall be at liberty by notice in writing to the other to determine this tenancy, and upon
such notice being given, this tenancy or the balance thereof shall absolutely cease and determine
and the deposit paid hereunder together with a reasonable proportion of such advance rent as has
been paid hereunder, where applicable, shall be refunded to the Licensee forthwith but without
prejudice to any right of action of either party in respect of any antecedent breach of this Agreement
by the other.

15) REFUND OF COMMISSION: If this Agreement should be lawfully terminated by notice in writing by
the Licensee before the expiry of the tenancy herein as aforesaid, the Licensee shall reimburse to
the Licensor, in respect of the unexpired portion of the t e n a n c y, a p r o p o r t i o n a t e p a r t
o f the commission of INR (RS ), inclusive of Goods and Services Tax, paid by the Licensor
to his real estate agent. The Licensor shall be entitled to deduct such refund from the deposit held by
the Licensor.
16) VIEWING OF PREMISES: During the two (2) months immediately preceding the expiration of the
tenancy herein, to permit the Licensor or its representatives at all reasonable times and by prior
appointment to bring interested parties to view the said premises for the purpose of letting the
same.

17) SALE WITHOUT TENANCY: During the currency of this tenancy, to allow the Licensor or its
representatives at all reasonable times and by prior appointment to bring any interested parties to
view the said premises in the event of a prospective sale thereof. The said premises shall NOT be
sold subject to this tenancy.
18) NO UNAUTHORIZED ALTERATIONS: Not to make or permit to be made any structural
alterations to the said premises.
19) INDEMNIFY LICENSOR: To indemnify and keep indemnified the Licensor (against any fines,
summons, convictions etc.) to the fullest extent as allowed by the laws of the India & Maharashtra, for
any violation or non-conformance by the Licensee and/or permitted occupants, of any Act / Law.
20) INSURANCE: To insure the said premises against loss or damage by fire and to pay all premium
thereon. For avoidance of doubt such insurance coverage shall be for the loss and/or damage of the
Licensor’s property and shall not cover any loss and/or damage of the Licensee’s property.
21) VOID OF INSURANCE: Not to do or permit to be done anything whereby the policy or policies of
insurance on the said premises / Building / Society against damage by fire / Leakage may become
void or voidable or whereby the premium thereon may be increased.
22) COMMISSION FULLY EARNED: It is expressly understood by the Licensor and Licensee that the
commission paid to their respective estate agencies (if any) as the brokerage fee in this transaction
has been fully earned, and therefore no claims shall be made by the Licensor or Licensee against the
respective estate agencies (if any) for a refund of the commission should the Licensor or Licensee
prematurely terminate the Tenancy herein for any reasons whatsoever.
23) OPTION TO RENEW: The Licensor shall on the written request of the Licensee made not less than
(_) months before the date of expiry of this tenancy, and if there shall not at the time of such
request be any existing breach or any non- observance of any of the conditions, covenants or
stipulations on the part of the Licensee herein contained, at the expense of the Licensee, grant to the
Licensee a tenancy of the said premises for a further term of ( ) months from
the date of expiry of this tenancy at a rent to be mutually agreed between the parties but otherwise
containing the like conditions, covenants and stipulations as are herein contained with the exception
of this option for renewal. The calculation of the security deposit for the new term shall be based on
the revised rent.
24) SERVICE OF NOTICE: Any notice served under or in any way in connection with this Agreement
shall be sufficiently served on the Licensee if left at the said premises or delivered to the Licensee
personally or sent to the Licensee at the said premises by registered post and shall be sufficiently
served on the Licensor if delivered to the Licensor personally or sent to the abovementioned address
by registered post. Any notice sent by registered post shall be deemed to be given at the time when
in due course of post it would be delivered at the address to which it is sent.
25) RIGHT OF RE-ENTRY: If the rent hereby reserved shall not be paid for seven (7) days after its due
date or if there shall be a breach of any of the conditions, covenants or stipulations on the part of the
Licensee herein contained, the Licensor shall be entitled to re-enter upon the said premises and
thereupon this tenancy shall be absolutely determine but without prejudice to any right of action of
the Licensor for damage or otherwise in respect of any such breach or any antecedent breach.
26) Overstay: In case, where the premises are not vacated by the Licensee, on the termination of the
lease period, the Licensee will pay damages calculated twice the rent for any period of occupation
commencing from the expiry of the lease period. The payment of damages as aforesaid will not
preclude the Licensor from initiating legal proceedings against the Licensee for the same.

27) The Licensee shall not encumber the said premises or any part or portion thereof in any manner
whatsoever, whereby the interest of the LICENSOR in the said premises is jeopardized.
28) The Liscensee shall not create any legal right, claim by raising any loan, taking Electric Meter,
Water Meter, Mahanagar Gas Line (MGL), Maintenance bill, any Govt. records, etc. in his name on
the said premises.
29) Registration: As provided in Section 55 of Maharashtra Rent Control Act, 1999 (as amended time
to time) the parties hereto agree that they shall register this Agreement under the provisions of the
Registration Act,1908. The Licensor shall lodge this agreement for registration as soon as it is
convenient, after the execution of this agreement and intimate the Licensee about lodging this
Agreement for registration. The Licensee agree to attend the office of the Sub-Registrar of
Assurances and admit execution of this Agreement within the prescribed time to enable this
Agreement to be registered as required under Section 55 of the said Rent Act. The expenditure of
Stamp duty and registration fees and incidental charges, if any, shall be borne by the Licensee and
Licensor equally. Attorney costs shall be borne individually by each party.
30) If for any reason the Licensee does not admit execution of this Agreement within the prescribed
time and in consequence thereof this agreement is not registered the Licensee agrees that in such
event, he will not have any right other than what is provided in this Agreement and the Licensee also
agrees to waive the rights conferred on the Licensee under Sub-Section[2] of the said Section 55 of
the said Rent Act and shall also indemnify and keep indemnified the Licensor against consequences
of non-registration of this agreement on account of default of licensee.
31) The Licensee herein hereby agrees and undertakes that he will handover the premises in the
same condition as it was before granting license. The LICENSEE also assures and undertakes to
repaint and polish, plumbing and electrical maintenance of the premises at the end of 60 months
while handing over the possession of the premises.
IN WITNESS WHEREOF the parties hereto have set, executed these presents and subscribed their
respective signatures in the presence of witness, who are identifying the executants, on the day,
month and the year first herein above written.
Place: Mumbai

Date: -June-2023

LICENSOR LICENSEE

WITNESSES: (Provide name, address, phone number, signature and date for each witness):

Witness No.-1 Witness No.-2

You might also like