Tenancy Agreement re. Residential House
An agreement made this the 20th day of July 1999 between AB, son of, WX residing at 3 Queen’s Road, Calcutta hereinafter called the landlord of the One Part and CD, son of YZ, residing at 5 Mott Street, Calcutta hereinafter called the tenant of the Other Part witnesseth as follows:
1. That the landlord shall let out and the tenant shall take on monthly tenancy basis all that double-storeyed dwelling-house being premises No. 3 Queen’s Road, Calcutta with bath, privies, garage, kitchen, store, compound, out-houses and all fittings and fixtures including electricity and water connection on terms and conditions hereunder contained.
2. That the tenant shall keep in deposit with the landlord a sum of Rs. 2 lakhs as security deposit or caution money and pay a sum of Rs. 5,000 only as rent per month which will increase progressively by 10% every five years in advance on the 7th of every current month without any delay or default and it is hereby recorded that the tenant has this day paid to the landlord the security money and also a further sum of Rs. 5,000 as rent for the month of August 1999 which the landlord doth hereby admit, acknowledge and confirm.
3. That it is further agreed, declared and covenanted by and between the parties that the house will be used and occupied on the following conditions:
(a) The landlord shall keep the house in wind and watertight condition, whitewash all walls once in three years and paint all wood work once in five years.
(b) Save and except as aforesaid, the tenant shall otherwise maintain and preserve the property in good condition and order, protect the same against moth and white ants, replace all broken fittings and fixtures by substitutes of equally good quality.
(c) All taxes (both owner’s and occupier’s share) at present existing shall be paid by the landlord, but all increased or additional taxes, if and when imposed and other charges, if any levied by the municipality, shall be borne and paid by the tenant without any right of reimbursement against the landlord.
(d) That the tenant shall not make any material alteration to the property unless approved in writing and sanctioned by the landlord and in any event such alteration, if permitted, shall be made by the tenant at his own costs, expense and on such terms and conditions as may be imposed by the landlord. Such alterations and additions shall in all cases become the property of the landlord and the tenant shall not be entitled to any contribution by the landlord or to any compensation on that account.
(e) That the tenant shall use the property as his residence with the members of his family and shall not transfer the tenancy or sublet the whole or any portion thereof nor keep any paying guests nor share accommodation nor carry on any trade or business nor store any inflammable or combustible goods except kerosene, coal, etc., in small quantities required for domestic consumption.
(f) If the tenant fails or neglects to pay the rent as hereinbefore stated or otherwise commits any breach of the covenants, conditions and stipulations hereunder imposed or is adjudicated an insolvent, it shall be lawful on the part of the landlord to determine the tenancy hereunder created by appropriate notice and to sue for recovery of possession notwithstanding any waiver of condition of the said breach.
(g) The tenant has had inspection of the property and is fully satisfied about its condition and internal arrangement and has thereafter freely and voluntarily agreed to the terms of tenancy hereunder provided and shall not hereafter make any grievance on any account whatsoever.
4. Save as aforesaid, the rights and obligations between the parties shall be governed by the law relating to statutory tenancy in force for the time being.
In witness whereof, etc.
Signed, sealed and delivered, etc.