COMMERCIAL LEASE AGREEMENT
This Commercial Lease Agreement (hereinafter referred as ‘Agreement’) was made
on_____________________(‘Effective Date’).
BY AND BETWEEN
Mr.___________ son of Mr._____________ residing at __________ (herein after referred
to as the “LESSOR”), which terms or expression shall unless repugnant to the subject or
context mean and include his legal heirs, executors, successors, administrators, legal
representatives and assigns of the FIRST PART;
AND
Mr. ______________ son of Mr______________ residing at _______________ (hereinafter
referred to as the “LESSEE”), which terms or expression shall unless repugnant to the
subject or context mean and include his legal heirs, executors, successors, administrators,
legal representatives.
WHEREAS, the Lessor, is the owner of the premises bearing no. ________, having total area
measuring about _______ sq. metres, situated at ______, hereinafter referred to as the
“Demised Premises”.
AND WHEREAS, the Lessor has agreed with the Lessee to grant to the Lessee under the
terms of this Deed the Demised Premises with all fittings, fixtures and furniture installed
therein. The lessee has agreed to take on lease the same, subject to the covenants,
conditions and stipulations, hereinafter in these presents expressed and contained.
NOW IT IS HEREBY MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS
FOLLOWS:
1. The Term of Lease shall be for a fixed period of 11 Months which shall commence from
the effective date.
A. The Lease for the demised premises measuring is fixed as Rs.
_____________only) per month.
B. The security deposit for the demised premises is fixed as Rs. __________only)
which is repayable at the termination of this agreement, without interest.
C. The Lease amount shall be calculated from the _____of every month to
_______of the subsequent month.
2. This Lease agreement shall be according to English calendar month, and the Tenant
shall pay the above said Lease amount for every month in advance on or before the
_________ of every month through CASH/CHEQUE/ECS/BANK TRANSFER to the Owner.
3. DECLARATIONS
The Lessor hereby declares that he is the absolute owner of the Leased premises being let
out to the Lessee and is lawfully entitled to execute this Agreement. And the Lessee hereby
declares that the premises in question shall only be used for the purposes of business of
the company and agrees that any other use of the property not authorized in advance in
writing by the Lessor shall entitle the Lessor to unilaterally terminate this Agreement.
4. LATE CHARGES AND FAILED CHEQUES
If Lease amount is paid after the _______day of the month, then the Lease amount will be
paid along with late charges of _______per each month. If any cheque given by Lessee
remains unclear due to any reason, then the Lessee will pay return cheque charges of Rs.
_____- to the Lessor.
5. SECURITY DEPOSITS
Upon the execution of this Agreement, the Lessee shall pay the Lessor a security deposit of
Rs. _________to be held as security for the payment of Lease amount and the due
compliance by the Lessee of all of its obligations in this Agreement. The total of the security
deposits with observance to the terms and conditions of this agreement shall be refunded
to the Lessee within 10 days after the premises have been completely vacated.
Lessor may deduct any amount necessary from the security deposit, and ask for further
payment from the Lessee of any amount necessary if such amount exceeds the value of the
security deposit, to cover the Lessee’s default in any/some/all of the following:
a. any unpaid Lease amount,
b. cleaning costs,
c. key replacement costs,
d. cost for repair of damages to premises and/or common areas exclusive of expected
ordinary wear and tear, and
e. any other amount legally allowable under the terms of this agreement.
A written accounting of said charges shall be presented to Lessee within 10 days of move-
out. If the costs are over and above the deposits the Lessee shall immediately pay said
additional costs for damages to the Lessor.
6. POSSESSION OF THE PREMISES
If Lessor is unable to deliver possession of the premises for any reason not within Lessor’s
control the Lessor will not be held liable for the same. The agreement is not void or
voidable. The Lessee do not have to pay any Lease amount until actual possession of the
premises.
If Lessor is unable to deliver possession within _______days after the agreed
commencement date, the Lessee may terminate this Agreement by giving written notice to
Lessor. The Lessor must refund all money and security deposits paid. The failure of Lessee to
take possession of the premises on the said date shall not relieve them of their obligation to
pay Lease amount on the agreed date.
7. INSPECTION OF THE PREMISES
Before the delivery of residency by the Lessee, the Lessor and the Lessee shall inspect the
premises and shall record any existing damages to the premises on a check list. Both parties
shall receive copies of the Document which should be duly signed by both the parties.
At the termination of the agreement and before possession is restored to the Lessor, the
Lessor shall inform the Lessee of his right to be present at the final inspection. The Lessor
shall notify the Lessor of the time and date of the inspection, which must be within seventy-
two hours of the termination of occupancy.
8. DUTIES AND OBLIGATIONS
In accordance with Section 108-
A. The Lessee hereby undertakes to not to sublet, assign or transfer the said Leased
premises whole or any part thereof to any other person or concern in any manner
whatsoever, without obtaining written consent from the landlord.
The accommodation under the lease shall be used as the registered office of the
Company.
B. The Lessee shall not make any material addition or alteration to the
accommodation under the lease as let out without the previous consent of the owner in
writing.
C. The Lessee shall not to do or cause to be done anything in or upon the demised
Premises which is or may grow to be a source or nuisance or annoyance to the Lessor.
D. The Lessee agrees to indemnify and hold harmless the Lessor for all its business
activities including but not limited to statutory dues, municipal taxes and other charges.
E. The lessee shall not bring or cause to be brought into or store at the Demised
Premises or any part thereof any hazardous goods articles of combustible or inflammable
mature, except in small quantities for normal uses as permitted by law nor carry out any
activity which is illegal in nature and not permissible by law.
F. The Lessee shall keep the premises let out to them in good condition and shall
carry out all minor repairs at his own cost and expenses.
G. The Lessee however, shall have the right to locate such fixtures and or fittings
and wooden temporary partition or structure as shall be required to execute partitions,
chambers, office rooms, etc. However, the Lessee agrees to vacate the property in the
same condition he received it in, carrying out repair work to cover up any alterations,
permissible under this clause, made by him during the period of the lease.
H. The Lessee further acknowledges that he received the premises in question in
excellent condition with freshly painted walls.
I. The Lessor shall have the right to enter and inspect the premises as per their
convenience during reasonable hours of business and the Lessee agrees to create no
impediments for the same.
J. The lessee here by agreed to pay the service tax if applicable.
9. MISCELLANEOUS
Notwithstanding any other provision of this agreement, the Lessor shall have the right to
terminate this agreement at any point of time during the period of the lease.
A. The provisions of this Agreement shall be governed by the Laws in force in the
Union of India, and any dispute arising from this Agreement shall be subject to the
laws of _______.
B. The Courts in __________ shall have sole jurisdiction to entertain disputes arising
from / out of / as a result of this Agreement.
C. The Parties hereto agree that this Agreement shall be Registered in ________.
D. The Lessee will pay property taxes in respect of the demised premises due to the
government and corporation.
10. TERMINATION
In accordance with Section 111--The agreement may be terminated by either party by
issuing a notice thirty days prior to the agreed expiry of the Lease period. Where laws
require "just cause", such just cause shall be so stated on said notice. The Premises will be
deemed vacated only after all areas including storage are vacated by the Lessee and the
property provided by the Lessor for the Lessee and the keys returned to the Lessor. If the
Lessee does not vacate within 4 weeks the Lessee is liable to pay the Lessor additionally to
cover the damages caused due to the owner’s loss of prospective tenants.
11. EXTENSION OF LEASE
In accordance with section 106--At the end of the period as stated in the agreement, the
lease will automatically covert to month to month. In the event of termination, a written
notice must be served by the Lessee or the Lessor to the other at least thirty days prior to
the end of the agreement. If the Lessee decides to continue, he will pay the monthly rental
or decided otherwise and fulfil all other obligations in the agreement.
12. CHANGE OF TERMS
The terms and conditions of this agreement are subject to future change by the Lessor after
the expiry of the Lease Period after issuing a thirty-day notice stating such change delivered
to the Lessee. All changes made will be as per the governing law in existence at the time of
the Notice.
14. SEVERABILITY
Each paragraph of this lease agreement shall be and remain separate from and independent
of and severable from all and any other paragraphs herein except where otherwise
expressly indicated or indicated by the context of the agreement. The decision or
declaration that one or more of the paragraphs are null and void shall have no effect on the
remaining paragraphs of this lease agreement.
15. ARBITRATION CLAUSE
1. The parties agree to refer any disputes as defined herein to arbitration.
2. For the purposes of this clause and irrespective of what is recorded herein below the
term “dispute/s” shall mean all and any disputes in its widest sense directly or indirectly,
emanating from the lease agreement and/or the Tenant’s occupancy of the lease premises
and no dispute between the Landlord and Tenant shall be excluded.
3. The term “dispute/s” shall also include, but shall not be limited to, the following:
3.1. whether a valid lease agreement has been entered into between the parties;
3.2. any dispute relating to the, rectification, termination, repudiation and/or
cancellation of the
Lease agreement.
3.3. any dispute relating to the installation, occupancy, improvement and/or
reinstatement and the like of or to the leased premises;
3.4. any dispute relating to any amount payable or claimed during or after termination of
the lease agreement irrespective of when such claim arose;
3.5. any dispute in its widest sense, emanating from any annexure or addendum to the
lease agreement, and/or any amendment or variation, tacit relocation, renewal of or to the
lease agreement and/or the conclusion of any further agreement whatsoever;
3.6. any dispute in its widest sense relating to common areas, storage, parking, delivery,
usage, house rules and/or rules of conduct or similar type of disputes relating to the use
and/or the occupancy and/or any amenities or the like of or to the lease premises;
3.7. any dispute relating to the eviction of the Tenant, or any person claiming occupation
through or under the Tenant, from the lease premises;
3.8. any dispute relating to any lien;
3.9. any dispute relating to any other agreement and/or admission of liability including but
not limited to the making of payment and/or the complying with such agreement and/or
admission of liability;
3.10. the event of any party to this lease agreement directing a demand, written or
otherwise, to the other party to comply with its obligations in terms of this lease agreement
and/or relating to occupancy of lease premises and the other party denies liability to comply
with the obligation and/or fails to respond to such demand and/or fails to comply with any
obligations so demanded;
3.11. the event of any party/ies admitting liability to make payment and/or to comply with
any obligation, to any other party/parties but fail/s to make payment or comply with any
obligation in accordance with the admission of liability.
4. Only the Arbitrator shall have the power to grant any orders contemplated in Section
21 of the Arbitration Act 42 of 1965, and the parties shall not be entitled to approach a
court of law to obtain any of the relief set out in Section 21 of the Arbitration Act.
5. The Arbitrators are furthermore entitled to grant other interim awards as set out in the
Rules.
6. Any party wishing to take the Arbitrator on review regarding any award in terms of
Section 21 of the Arbitration Act shall only be entitled to do so after the arbitration and any
appeal (if applicable) has been finalized and the Arbitrator/s has made a final award.
Any finding by the Arbitrator in terms of Section 21 of the Arbitration Act 42 of 1965 is final
and is not subject to appeal. Any party wishing to take the Arbitrator on review regarding
any award in terms of Section 21 of the Arbitration Act shall only be entitled to do so after
the arbitration has been finalized and the Arbitrator has made a final award.
7. The Arbitrator shall ensure the fair, just and expeditious determination or resolution of all
the disputes raised in the arbitration proceedings, which power shall include, but not be
limited to the power to make an interim or final award.
8. All powers and functions exercised by the Arbitrator shall be in accordance to the
provisions of the Arbitration Act, 42 of 1965 (as amended from time to time), and/or if
repealed and substituted by another Act, in terms of such Act.
9. Any decision and/or award made by the Arbitrator is subject to appeal within 15 (fifteen)
days after the award was made, which appeal:
---shall be conducted in terms with the Rules;
---shall be heard and determined and the award made by three appeal arbitrators, being
senior counsel and/or retired judges of the High Court of South Africa appointed in terms of
the Rules;
10. Award shall be final and binding and not be subject to any further appeal.
16. ENTIRE AGREEMENT
This document constitutes the entire Agreement between the Lessee and Lessor. This
Agreement cannot be modified except in writing and must be signed by all parties. Neither
Lessor nor Lessee have made any promises or representations, other than those set forth in
this Agreement and those implied by law. The failure of Lessee or their guests or invitees to
comply with any term of this Agreement is grounds for termination of the agreement with
appropriate notice to Lessee and procedures as required by law.
IN WITNESSETH WHEREOF the parties hereto have herein unto set and subscribed their
respective hands on the day and year mentioned hereinabove.
Signed, Sealed and Delivered by:
LESSOR
___________________________
Name:
LESSEE
___________________________
Name:
In the presence of Witnesses:
1)__________________________
2)___________________________