Residential Lease Agreement Format for House or Flat in India

LEASE DEED

This Lease Deed is made on this ____ day of __________, 20____ at __________________.

BETWEEN

Shri/Smt. ______________________________, son/daughter/spouse of ______________________________, residing at ________________________________________________, hereinafter referred to as the "Lessor" (which expression shall, unless repugnant to the context, include his/her legal heirs, representatives, successors and permitted assigns), of the First Part;

AND

Shri/Smt. ______________________________, son/daughter/spouse of ______________________________, residing at ________________________________________________, hereinafter referred to as the "Lessee" (which expression shall, unless repugnant to the context, include his/her legal representatives, successors and permitted assigns), of the Second Part.

Recitals

Whereas the Lessor represents that he/she is lawfully entitled to let the residential premises bearing Flat/House No. ______________________________, situated at ________________________________________________, comprising ____ bedroom(s), ____ bathroom(s), drawing/living area, kitchen and other appurtenant facilities, together with the fixtures and fittings described in Annexure I ("Premises").

And whereas the Lessee desires to take the Premises on lease solely for residential use by the Lessee and permitted family members, and the Lessor has agreed to grant the lease on the following terms.

Terms and Conditions

1. Lease term. The Lessor lets the Premises to the Lessee for a fixed period of ____ months commencing on ____/____/20____ and ending on ____/____/20____, subject to earlier termination in accordance with this Deed.

2. Monthly rent. The Lessee shall pay monthly rent of ₹____________ (Rupees __________________________________ only), payable on or before the ____ day of each month by bank transfer, cheque or other mutually agreed traceable mode. Maintenance charges shall be [included in / payable in addition to] the rent.

3. Security deposit. The Lessee has paid an interest-free refundable security deposit of ₹____________. Subject to adjustment of unpaid rent, utility charges and the reasonable cost of repairing damage beyond normal wear and tear, the balance deposit shall be refunded within ____ days after vacant possession and keys are returned.

4. Possession and condition. The Lessor has delivered, or shall deliver on commencement of the lease, peaceful possession of the Premises in a reasonably habitable and tenantable condition. The parties may record the condition of the Premises, meter readings, keys and inventory in Annexure I.

5. Residential use. The Premises shall be used only for lawful residential purposes. The Lessee shall not use the Premises for any unlawful, hazardous or prohibited activity or for a purpose inconsistent with applicable building, society or local rules.

6. Occupants. The Premises may be occupied by the Lessee and the following family members/permitted occupants: ________________________________________________. The Lessee shall provide information required by applicable law, society rules or lawful tenant/police-verification requirements.

7. Utilities and recurring charges. The Lessee shall pay electricity, water, gas, internet and other consumption-based charges attributable to the period of occupation, unless otherwise stated here: ________________________________________________. Property tax and ownership-related statutory levies shall be borne by the Lessor unless the applicable law or a specific lawful agreement provides otherwise.

8. Repairs and maintenance. Routine minor maintenance arising from ordinary use shall be borne by the Lessee. Structural repairs and major repairs not caused by the Lessee, the Lessee's occupants or guests shall be borne by the Lessor, subject to applicable law and the facts of each repair.

9. Alterations. The Lessee shall not make structural alterations or permanent additions without the Lessor's prior written consent and any approval required by law. Removable appliances or fixtures installed by the Lessee may be removed at the end of the tenancy, provided resulting damage is repaired.

10. Society and building rules. The Lessee shall comply with lawful rules, bye-laws and reasonable regulations of the apartment association, residents' welfare association, cooperative society or other competent body governing use of the building and common areas.

11. Nuisance and prohibited materials. The Lessee shall not cause nuisance, excessive disturbance or unlawful interference with neighbours and shall not store explosives, prohibited substances or hazardous material except ordinary household items lawfully kept for residential use.

12. Common areas. The Lessee shall not obstruct passages, staircases, corridors, fire exits or other common areas and shall use shared facilities in accordance with applicable rules.

13. Entry and inspection. The Lessor or authorised representative may enter the Premises at reasonable times, ordinarily after reasonable prior notice, for inspection, repairs, maintenance or showing the Premises to prospective tenants/purchasers near the end of the tenancy, except where urgent entry is reasonably necessary.

14. Quiet enjoyment. So long as the Lessee pays rent and complies with this Deed, the Lessor shall not unlawfully interfere with the Lessee's peaceful use and enjoyment of the Premises during the lease term.

15. Subletting and assignment. The Lessee shall not sublet, license, assign or part with possession of the whole or any part of the Premises without the Lessor's prior written consent, subject to applicable law.

16. Renewal. Any renewal or extension shall be by mutual written agreement before expiry. The revised rent, renewed term, stamp duty and registration requirements, if any, shall be determined in accordance with applicable law at that time.

17. Termination by notice. Either party may terminate the lease before expiry by giving ____ days' written notice, unless a lock-in period or other valid agreed condition stated below applies: ________________________________________________.

18. Termination for breach. A material breach may entitle the affected party to exercise remedies available under this Deed and applicable law. Where cure of the breach is reasonably possible, the defaulting party shall be given written notice and ____ days to cure it, except in cases requiring immediate lawful action.

19. Handover on expiry or termination. On expiry or lawful termination, the Lessee shall vacate and deliver peaceful possession of the Premises with fixtures belonging to the Lessor in substantially the condition received, subject to normal wear and tear.

20. Statutory deductions and tax compliance. Where the Lessee is legally required to deduct tax from rent or make any statutory filing, deduction, payment or certificate under the income-tax law then in force, the Lessee shall comply within the prescribed manner and time and provide the relevant evidence/certificate to the Lessor.

21. Stamp duty and registration. The parties shall ensure that this Deed is duly stamped and, where registration is compulsory or voluntarily chosen, presented for registration before the competent registering authority within the period prescribed by law. Stamp duty and registration expenses shall be borne by ______________________________, subject to applicable State/UT law.

22. Notices. Notices under this Deed shall be in writing and delivered by hand, registered/speed post, recognised courier, email or another legally permissible mode to the addresses/contact details stated by the parties. Each party shall promptly notify the other of any change in contact details.

23. Governing law and jurisdiction. This Deed shall be governed by the laws applicable in India and the State/Union Territory where the Premises is situated. Subject to any mandatory statutory forum or jurisdiction, disputes shall be subject to the competent courts/authorities having territorial jurisdiction over the Premises.

24. Entire agreement. This Deed and its annexures record the parties' agreement concerning the tenancy. Any amendment should be made in writing and signed by both parties, with stamping/registration undertaken where required by law.

IN WITNESS WHEREOF, the parties have signed this Lease Deed on the date and place first written above in the presence of the witnesses named below.

LESSOR
Name: ______________________
Signature: __________________

LESSEE
Name: ______________________
Signature: __________________

Witnesses

1. Name: ______________________________
Address: __________________________________________
Signature: __________________

2. Name: ______________________________
Address: __________________________________________
Signature: __________________

Annexure I - Inventory and Condition

List furniture, appliances, fixtures, keys, parking details, meter numbers/readings and the condition of the Premises at handover. Photographs signed or acknowledged by both parties may also be referenced.