tips to frame lease/rental deed

TIPS TO FRAME LEASE OR RENTAL AGREEMENT.NAMES OF ALL TENANTSEvery adult who lives in the rental unit, including both members of a married or unmarried couple, should be named as tenants and sign the lease or rental agreement. This makes each tenant legally responsible for all terms, including for the full amount of the rent and the proper use of the property. This means that you can legally seek the entire rent from any one of the tenants should the others skip out or be unable to pay; and if one tenant violates an important term of the tenancy, you can terminate the tenancy for all tenants on that lease or rental agreement.LIMITS ON OCCUPANCYYour agreement should clearly specify that the rental unit is the residence of only the tenants who have signed the lease and their minor children. This guarantees your right to determine who lives in your property -- ideally, people whom you have screened and approved -- and to limit the number of occupants. The value of this clause is that it gives you grounds to evict a tenant who moves in a friend or relative, or sublets the unit, without your permission.TERM OF THE TENANCYEvery rental document should state whether it is a rental agreement or a fixed-term lease. Rental agreements usually run from month-to-month and self-renew unless terminated by the landlord or tenant. Leases, on the other hand, typically last for certain years. Your choice will depend on how long you want the tenant to stay and how much flexibility you want in your arrangement.RENTYour lease or rental agreement should specify the amount of rent, when it is due (typically, the first of the month), and how it's to be paid, such as by mail to your office. To avoid confusion and head off disputes with tenants, spell out details such as: acceptable payment methods (such as personal check only), whether late fees will be due if rent is not paid on time, the amount of the fee, and whether there's any grace period, and any charges if a rent check bounces.DEPOSITS AND FEESThe use and return of security deposits is a frequent source of friction between landlords and tenants. To avoid confusion and legal hassles, your lease or rental agreement should be clear on: the amount of the security deposit, how you may use the deposit (for example, for damage repair) and how the tenant may not use it (such as applying it to last month's rent), when and how you will return the deposit and account for deductions after the tenant moves out, and any legal non-returnable fees, such as for cleaning or pets created damages.REPAIRS AND MAINTENANCEYour best defense against deductions in security deposits is to clearly set out your and the tenant's responsibilities for repair and maintenance in your lease or rental agreement, including: the tenant's responsibility to keep the rental premises clean and sanitary and to pay for any damage caused by his or her abuse or neglect, a requirement that the tenant alert you to defective or dangerous conditions in the rental property, with specific details on your procedures for handling complaint and repair requests, and restrictions on tenant repairs and alterations etc.,ENTRY TO RENTAL PROPERTYTo avoid tenant claims of illegal entry or violation of privacy rights, your lease or rental agreement should clarify your legal right of access to the property -- for example, to make repairs -- and state how much advance notice you will provide the tenant before entering.RESTRICTIONS ON TENANT ILLEGAL ACTIVITYTo avoid trouble among your tenants, prevent property damage, and limit your exposure to lawsuits from residents and neighbors, you should include an explicit lease or rental agreement clause prohibiting disruptive behavior, such as excessive noise, and illegal activity, such as drug dealing.PETSIf you do not allow pets, be sure your lease or rental agreement is clear on the subject. If you do allow pets, you should identify any special restrictions, such as a limit on the size or number of pets or a requirement that the tenant will keep the yard free of all animal waste.OTHER RESTRICTIONSBe sure your lease or rental agreement complies with all relevant laws including rent acts, ordinances, health and safety codes, occupancy rules, and anti-discrimination laws. State stamp and registration laws are especially key, notice requirements for entering rental property, tenants' rights to sublet or bring in additional occupants and rules for changing or ending a tenancy.LIMITS ON THE TYPE OF BUSINESSAny other legal restrictions, such as limits on the type of business a tenant may run from home, should also be spelled out in the lease or rental agreement. Important rules and regulations covering parking and use of common areas should be specifically mentioned in the lease or rental agreementEXAMPLES AND SAMPLES OF CLAUSESA. To keep the said land and buildings in good and substantial repair and deliver the same up to the Owner at the end of the term in good and substantial repair;B. To permit the Owner or his agent to enter at all reasonable times to view the condition of the premises and to make good all defects there found, within three months after notice;C. To permit the Owner his agent servants or workmen to enter and carry out all or any of the repairs which the Builder is liable to execute in all cases in which the Builder shall not execute the same within three months after receiving notice so to do and in such cases to pay to the Owner on demand the costs of such repairs but such covenant shall in no way relieve the TENANT from his liability to execute such repairs;D. To insure and keep insured the said buildings in the joint names of the tenant and Owner against fire insurance and at all times, when required, to produce the policy of insurance, and the receipts of the respect of the same premiums in to the Owner or his agent, and to cause any money received by virtue of any such insurance to be forthwith applied in reinstating the premises, and if the same shall be insufficient to make up the defficiency;E. To pay, a reasonable proportion towards the costs and expenses of making, supporting and repairing all pavements, fences, and party walls, sewers and drains, belonging to the premises, in common with other buildings or lands, such proportion to be ascertained by the surveyor of the Owner.F. A condition for re-entry by the Owner on non-payment of rent for thirty days, or on breach of any of the covenants;G. The tenant (having accepted the Owner's title) shall at the time aforesaid accept a Lease of the premises for the .............. term, at the rent of ...................., and subject to the covenants and conditions hereinbefore mentioned, and pay the costs and expenses of and incidental to the preparations and execution of this agreement and the said lease.H. The tenant shall not assign the benefit of this agreement, without the consent in writing of the Owner.COVENANT AGAINST CARRYING ON OFFENSIVE TRADES ETC.Not to use the demised premises or any part thereof or permit or suffer the same to be used for any illegal or immoral purpose nor [without the consent in writing of the landlord] to carry on or permit or suffer to be carried on thereon or on any part thereof any offensive noisome obnoxious or dangerous trade business manufacture or occupation whatsoever [or use the demised premises or permit or suffer the same to be used as a factory] or so as to cause nuisance annoyance or inconvenience, to the landlord his tenants or the occupiers of neighbouring houses.COVENANT FOR USE OF THE DEMISED PREMISES SOLELY FOR RESIDENTIAL PURPOSETo use the demised premises for the purpose of a private [or professional] residence in single occupation only, provided that in the latter case the tenant may affix to the demised premises a name plate not exceeding.......... in size but shall not erect or exhibit any other sign notice or advertisement of any kind whatsoever on the demised premises.COVENANT AGAINST NUISANCE OR ANNOYANCE TO THE LANDLORD OR OTHER CO-TENANTSNot to do or permit or suffer anything to be done in or upon the demised premises or any part thereof which may be or become a nuisance or annoyance or cause damage or inconvenience to the landlord or the tenants or occupiers of neighbouring houses.COVENANT FOR INSURANCE OF THE DEMISED PREMISES BY TENANTWITH MODE OF APPLICATION OF THE INSURANCE MONEY— LANDLORD TO INSURE IN CASE OF TENANT'S DEFAULT AND GET REIMBURSEMENTTo keep the demised premises insured at ail times throughout the tenancy in the joint names of the landlord and the tenant from loss or damage by fire flood and other risks and special perils in the sum of Rs.......... at least [or a sum equal to the full insurable value thereof from time to time throughout the said term] and to make all payments necessary for the above purposes within seven days after the same shall respectively become due and to produce to the landlord or his agent on demand the policy or policies of such insurance and the receipt for each such payment and to cause all monies received by virtue of any' such insurance to be forthwith laid out in rebuilding and reinstating the demised premises or any part thereof in respect of which such monies shall have become payable or have been received in accordance with the original plans elevations and details thereof with such variations (if any) as may be agreed by the landlord or may be necessary having regard to the then existing statutory provisions bye-laws and regulations affecting the same and any necessary sanction from the appropriate authority (which it shall be the tenant's obligation to obtain) and] to the satisfaction in all respects of the surveyor for the time being of the landlord and to make up any deficiency out of his own monies PROVIDED ALWAYS that if the rebuilding or reinstatement of the buildings or any part thereof shall be frustrated all such insurance monies (other than as aforesaid) relating to the buildings or part in respect of which the frustration occurs shall be apportioned equally [or as may be otherwise agreed] between the landlord and the tenant and that if the tenant shall at any time fail to keep the demised premises insured as aforesaid the landlord may do all things necessary to effect and maintain such insurance and any monies expended by him for that purpose shall be repayable by the tenant on demand and be recoverable forthwith by action.COVENANT FOR PAYMENT OF PROPORTIONATE COST FOR MAINTENANCE OF ROADS USED FOR COMMON ENJOYMENTIt is hereby agreed and declared as follows :I. The lessor will maintain in repair the roads specified in the schedule hereto [and coloured brown on the plan annexed hereto] (being the roads over which a right of way is granted to the lessee) until they are taken over by the appropriate authority.II. The lessee will pay a proportion of the cost of maintaining the said roads such proportion to be fixed by the lessor's surveyor PROVIDED that the lesseeshall not be required to pay hereunder a greater sum than Rs.... in any year of the tenancy.III. In the event of.............. road [or the road in which demised premises are situate] being taken over by the local authority the lessee [or lessor] will pay all outgoings imposed on the demised premises in respect of works done for that purpose and thereafter the lessee will not be liable to contribute any sum towards the maintenance of any of the said Roads.COVENANT RESTRICTING USER OF THE DEMISED PREMISES ONLY AS A DWELLING HOUSE OR PROFESSIONAL RESIDENCEA. The tenant will use the demised premises only for the purpose of a dwelling-house or professional residence provided that in the latter case the tenant may affix to the said premises a brass plate not exceeding......... in size and stating his name profession and hours of attendance without any addition whatsoever [or use as a shop or use as a light [general industrial building].B. The said use of the premises is a permitted use thereof and the tenant will not carry out any material change of use without the previous consent in writing of the landlord.C. The tenant shall comply in all respects with the provisions and requirements of the relevant laws, bye-laws and regulations for the time being in force whether as to the permitted user hereunder or otherwise and shall indemnify and keep the landlord indemnified against all liability whatsoever including costs and expenses in respect of any contravention thereof.D. The tenant will keep the garden and other land not occupied by buildings in a clean and proper conditions and so as not to cause injury to the amenity of any adjoining land and will forthwith comply.COVENANT AGAINST ASSIGNMENT AND UNDERLEASENot to assign underlet or part with [or share] the possession of the demised premises or any part thereof [without the written consent of the landlord] [such consent however not to be unreasonably withheld in the case of a respectable and responsible person.]COVENANT FOR NOTICE OF ASSIGNMENT OF LEASE TO LESSORWithin one month after every assignment assent transfer or underlease {otherwise than by way of mortgage) of or relating to the demised premises or any part thereof or any bequest or devolution of the interest of the tenants therein or affecting the same to give notice thereof in writing with full particulars thereof to the landlord.PROVISIONS FOR DIRECT COVENANTS BETWEEN UNDER LESSEE AND THE LANDLORD IN CASE OF ASSIGNMENTProvided always that every assignment or underlease or tenancy agreement shall contain a covenant by the assignee underlessee or tenant as the case may be directly with the landlord to observe and perform the covenants and conditions herein contained including a covenant not to further assign or underlet or part with the possession of the demised premises [or any part thereof] without such consent as aforesaid and in the case of an assignment to pay the rent hereby reserved.COVENANT FOR PAYMENT OF RATES AND TAXES ETC. BY TENANTTo pay all existing and future rates taxes assessments and outgoings now or hereafter imposed or charged upon the owner or occupier of the demised premises except only such as the owner is by law bound to pay notwithstanding any contract to the contrary.COVENANT BY LANDLORD SUPPLEMENTAL TO A SUBSISTING LEASE TOOFFER ADDITIONAL ACCOMMODATION TO THE TENANT UPON A FUTUREVACANCY IN OTHER PART OF THE DEMISED OFFICE PREMISESIn the event of the.............. [and..............] floors of the building [or either ofthem] or any part thereof [respectively] becoming vacant at any time during the period of this lease the landlord will whenever the vacancy occurs offer the same to the tenant in the manner hereinafter mentioned and the following provisions shall apply:A. The landlord shall give to the tenant notice in writing of the premises becoming vacant as aforesaid whenever the same shall occur ;B. If the tenant shall within one month of the receipt of such notice state his desire in writing to the landlord for a lease of such premises the landlord shall thereupon grant to the tenant a lease of the said premises for a term co-terminous with the term hereby granted at the rent hereinafter mentioned and containing (with the exception of the present covenant) the like covenants agreements conditions and provisos as are herein contained so far as the same are applicable. The tenant on the execution of such additional lease or leases shall execute a counterpart thereof;C. The rent to be paid under the said additional lease or leases shall be such sum as shall be agreed between the landlord and the tenant as then representing the fair rent for such premises for a term of years equivalent to the then un expired residue of the said term granted by this lease as between a willing landlord and a willing tenant with vacant possession and otherwise on the terms hereinbefore mentioned.COVENANTS BY SURETY FOR PAYMENT OF RENT AND PERFORMANCE OF OBLIGATIONS BY TENANTThe surety [or sureties] in consideration of the demise hereinbefore contained having been made at his [ortheir] request hereby [jointly and severally] covenants] with the landlord that the tenant will pay the rent hereby reserved on the days and in manner aforesaid and will perform and observe all the tenant's covenants hereinbefore contained and that in case of default in such payment of rent or in the performance or observance of such covenants as aforesaid the surety [or sureties or one of them] will pay and make good to the landlord on demand all losses damages costs and expenses thereby arising or incurred by the landlord PROVIDED ALWAYS and it is hereby agreed that any neglect or forbearance of the landlord in endeavouring to obtain payment of the rent hereby reserved when the same becomes payable or to enforce performance of the several stipulations herein on the tenant's part contained and any time which may be given to the tenant by the landlord shall not release or exonerate or in any way affect the liability of the suretyjor sureties] under this covenant.CLAUSE PROVIDING ABATEMENT OF RENT IN CASE OF FIREIf the demised premises or any part thereof shall at any time during the tenancy be destroyed or damaged by fire so as to be unfit for habitation and use and the policy or policies of insurance effected by the landlord shall not have been vitiated or payment of the policy monies refused in whole or in part in consequence of any act or default of the tenant and the demised premises shall not be rebuilt or reinstated by the landlord within........ months after the event the sum of Rs.......... part of the rent hereby reserved or a fair proportion thereof according to the nature and extent of the damage sustained shall after the expiration of such.......... months be suspended until the demised premises shallagain be rendered fit for habitation and use and any dispute concerning this clause shall be determined by a single arbitrator in accordance with the Arbitration Act, 1940 or any statutory enactments in that behalf for the time being in force.COVENANT FOR PAYMENT OF RATES, TAXES ETC. BY TENANTTo pay all existing and future rates taxes assessments and outgoings imposed or charged in respect of the demised premises such outgoings [in respect of street works, sewering, draining, sanitary or other work done under the order of any public authority] as are payable by the landlord in the absence of special stipulations to the contrary only excepted.COVENANT FOR QUIET ENJOYMENTThe tenant paying the rent hereby reserved and performing and observing the several covenants on his part and the conditions herein contained shall peaceably hold and enjoy the demised premises during the said term without any interruption by the landlord or any person rightfully claiming under or in trust for him.COVENANT TO APPLY IN REBUILDING, ETC. MONEY RECEIVED FROM INSURANCE NOT COVENANTED TO BE RECEIVEDIf at any time the landlord is entitled to the benefit of any insurance on the demised premises (which is not effected or maintained in pursuance of his obligation aforesaid) then to apply all money received by virtue of such insurance in making good the loss or damage in respect of which the same shall have been received.COVENANT NOT TO PERMIT SPECIFIED TRADE ON ADJOINING PROPERTY OF LANDLORD, ETC.Not during the term to carry on or permit suffer to be carried on by others in or upon the adjoining premises belonging to the landlord and known as Nos..............street (or upon any adjoining property now belonging or which shall at any time hereafter belong to the landlord) or any part thereof the trade or business of a............... (hereinbefore covenanted to be carried on by the tenant upon the demised premises) or any branch or such business and if the said adjoining premises of the landlord or any part thereof shall at any time during the continuance of the term be sold conveyed demised or otherwise disposed of by the landlord or become vested in any other person whomsoever this covenant shall be operative and binding upon every other such person and shall be enforceable by the tenant and his assigns against all persons hereafter claiming any estate or interest in the said adjoining property or any part thereof.COVENANT TO YIELD UP TENANCYAt the determination of the tenancy to yield up the demised premises and all additions thereto and all fittings and (landlord(s) fixtures therein in tenantable repair in accordance with the tenant's covenants herein contained.COVENANT BY UNDERLESSEE TO PERFORM COVENANTS IN HEAD LEASETo perform and observe the covenants on the lessee's part contained in the head lease except only the covenant for payment of the rent reserved thereby and the covenant for insurance therein contained and to keep the landlord indemnified against all claims damages costs and expenses in any way relating thereto.COVENANT TO REPAIR OUTSIDE OF PREMISESTo (repair and) keep the exterior (other than windows and skylights locks latches and fasteners) of the demised premises and of all additions to the same (and the internal load bearing walls roof and floor joists thereof (but not including plaster or other surface material applied to interior faces of any load bearing walls whether internal or external or floor boards or ceilings) and the main drains and the boundary walls and fences thereof in tenantable repair.COVENANT TO PAY INCREASED RENT OR ANY INCREASE IN THE EXISTING RATES AND TAXES PAID BY THE LANDLORDTo pay the reserved rent on the days and in the manner aforesaid and also to pay to the landlord by way of additional sum equal to the amount by which the rates (excluding water rate) from time to time payable in respect of the demised premises shall exceed the sum of Rs...........for each quarter [being the sum now payable in respect of rates] such payments to be made on the quarter day following the payment of rates by the landlord. The landlord shall on demand by the tenant produce the receipt for the payment of the rates.Covenant for furnishing of all Notices affecting the existing Rates or Taxes for the demised premises to the Landlord. The tenant will immediately upon receipt thereof deliver to the landlord all notices received by him from the assessing authority the valuation officer or from any other person whatsoever which affect or are likely to affect the rates payable in respect of the demised premises or the assessment of the rateable value thereof.CLAUSE AS TO NOTICESUpon the receipt of any notice order direction or other thing from any competent authority affecting or likely to affect the demised premises whether the same shall be served directly on the tenant or the original or a copy thereof be received from any underlessee or other person whatsoever the tenant will so far as such notice order direction or other thing or the Act regulations or other instrument under or by virtue of which it is issued or the provisions hereof require him so to do comply therewith at his own expense and will forthwith deliver to the landlord a copy of such notice order direction or other thing.COVENANT FOR INSURANCE AND RECONSTRUCTION IN CASE OF FIRE, WITH SUSPENSION OF RENT UNTIL PREMISES ARE FIT FOR HABITATIONA. At all times throughout the tenancy to keep the demised premises insured against loss or damage by fire in the sum of Rs......... at least and to make all payments necessary for the above purpose within seven days after the same shall respectively become payable and to produce to the tenant on demand the policy of such insurance and the receipt for the last such payment in respect of the policy and to cause all money received by virtue of such insurance to be forthwith laid out in rebuilding and reinstating the demised premises and to make up any deficiency out of his own money provided that the landlord's obligation under this covenant shall cease if the insurance shall be rendered void by reason of any act or default of the tenant.B. If the event of the demised premises being damaged or destroyed by fire to reinstate the same at his own expense and with all convenient speed and this covenant is additional to the foregoing covenant to insure the demised premises.C. In the event of the demised premises or any part thereof at any time during the tenancy being damaged or destroyed by fire so as to be unfit for habitation and use then the rent hereby reserved or a fair proportion thereof according to the nature and extent of the damage sustained shall be suspended until the demised premises shall again be rendered fit for habitation and use and any dispute concerning this clause shall be determined by a single arbitrator in accordance with the Arbitration Act, 1940 or any statutory enactment in that behalf for the time being in force.COVENANT FOR LIABILITY IN CASE OF BREACH OF ANY CLAUSE OF INSURANCE POLICYNot to do or permit or suffer to be done anything whereby the policy or policies of insurance on the demised premises against damage by fire (a copy of which the landlord shall if required furnish to and at the expense of the tenant) may become void or voidable or whereby the rate of premium thereon may be increased and to repay to the landlord all sums paid by way of increased premiums and all expenses incurred by him in or about in renewal of such policy or policies rendered necessary by a breach of this covenant and all such payments shall be added to the rent hereinbefore reserved and be recoverable as rent.COVENANT FOR RECONSTRUCTION OF DEMISED PREMISES DAMAGED BY FIRE—WHERE INSURANCE MONEY IS WHOLLY OR PARTIALLY RECOVERABLEIn the event of the buildings hereby demised or any of them or any part thereof being destroyed by fire at any time during the tenancy and the insurance money under any policy of insurance effected thereon by the landlord being by reason of any act or default of the tenant wholly or partially irrecoverable forthwith in every such case to rebuild and reinstate at his own expense the building so destroyed or damaged to the satisfaction and under the supervision of the landlord's surveyor the tenant being allowed towards his expenses of so doing upon such rebuilding and reinstatement being completed the amount (if any) actually received by or on behalf of the landlord in respect of such destruction or damage under any such insurance as aforesaid.SPECIAL COVENANT FOR PROVISIONS IN CASE OF ASSIGNMENT TO A COMPANYThe Tenant shall not assign underlet or part with the possession of the demised premises or any part thereof without the written consent of the landlord such consent not to be unreasonably withheld in the case of a respectable and responsible person PROVIDED however that should the tenant desire to assign the demised premises or any part thereof to a limited company he shall before doing so procure that two directors thereof join in the assignment as sureties for the company and jointly and severally covenant with the landlord that so long as the term granted by the lease is vested in the company they will pay and make good to the landlord all losses costs and expenses sustained by the landlord through the default of the company to pay the rent reserved by the lease or the failure of the company to observe and perform the tenant's covenants and conditions therein contained.COVENANT FOR FURNISHING COPY OF ASSIGNMENT/UNDER LEASEWithin one month of every assignment transfer of underlease of or relating to the demised premises or any part thereof to give notice thereof in writing with particulars thereof to the solicitors for the time being of the landlord and produce to them copy of such assignment transfer or underlease or in the case of a devolution of the interest of the tenant not perfected by an assent to produce to the said solicitors the probate of the will or the letters of administration under which such devolution arises.COVENANT TO PAY RENT AND OBSERVE COVENANTS OF THE PRINCIPAL LEASEDuring the term to pay the rent reserved by the head lease and to perform (so far as the tenant is not liable for such performance under the covenants on his part hereinbefore contained) all the lessee's covenants contained therein and to keep the tenant indemnified against all claims damages costs and expenses in any way relating thereto.COVENANT FOR UNINTERRUPTED SUPPLY OF WATER TO A FLATThe landlord will at all times maintain a reasonable and adequate supply of water for domestic purposes to the flat PROVIDED that the landlord shall not be under any liability whatever for any interruption of such supply of water from any cause whether or not such cause arises from or is contributed to by the negligence of the landlord or his servants and agents. The tenant shall not add to or in any way interfere with the pipes or other apparatus for such supply.INDEMNITY CLAUSE PROVIDING SECURITY TO AN UNDERLESSEE AGAINST CONSEQUENCES FOR NON-PAYMENT OF RENT UNDER THE PRINCIPAL LEASEa. The underlessor hereby covenants with the underlessee that the underlessor or the person deriving title under him will henceforth duly pay the yearly rent made payable by the head lease and will observe and perform all the covenants and conditions therein contained and henceforth on his part to be observed and performed.b. It is hereby agreed and declared that if the underlessee shall at any time or times hereafter pay any sum or sums of money or sustain or incur any loss, damage or expense for or on account of the said last-mentioned yearly rent covenants and conditions then and in every such case and so often as the same shall happen it shall be lawful for the underlessee to retain the said rent hereby reserved until there shall thereby or otherwise be fully paid and satisfied all and every sum or sums of money loss damage or expense as aforesaid and also by way of additional remedy to enter upon and remain in possession and receipt of the rents and profits of any such part of the premises comprised in the head lease as is not hereby demised until by the means aforesaid or otherwise he shall be fully reimbursed all monies, loss, damage, or expense so paid sustained or incurred PROVIDED ALWAYS that the power last hereinbefore contained shall so far as regards such parts of the premises comprised in the head lease as have already or may hereafter be underlet be exercisable only in respect of and be limited to the receipt of the rents reserved by the underleases by which such parts may be underlet respectively.PROVISO TO A REPAIRING COVENANT EXTINGUISHING TENANT'S LIABILITY WHERE PERMISSION OF APPROPRIATE AUTHORITY COULD NOT BE OBTAINEDProvided always and it is hereby agreed that the liability of the tenant here-under to repair shall in all cases be satisfied by the execution of all repairs for the execution of which he can by making all proper and sufficient applications obtain any necessary permission of a competent authority and that where any such permission is refused or granted only to some limited extent, his liability to execute any repairs to which such refusal extends and his liability to pay damages for such non-execution shall be extinguished.CLAUSE FOR SECURITY DEPOSIT AGAINST DAMAGES AND OTHER PUBLIC UTILITY CHARGES FOR A FURNISHED APARTMENTThe tenant agrees to pay to the landlord on the signing of this agreement a deposit of Rs............ to be held by him until the maintenance expiration of the tenancy as security towards the tenant's liability for electricity, telephone rental charges and repairs to damages.COVENANT FOR INDEMNITY BY UNDER LESSEE IN FAVOUR OF UNDER LESSOR AGAINST CLAIM OF SUPERIOR LANDLORD UPON THE UNDER LESSOR FOR BREACH OF ANY COVENANT IN THE ORIGINAL LEASE BY THE UNDERLESSEEThe underlessee hereby covenants with the underlessor that he will fully and effectually indemnify the underlessor against all claims costs expenses and proceedings taken by a superior lessor against the underlessor in respect of the breach of the covenant to leave the said premises in repair at the determination of the term granted by such superior lease.RESTRICTIVE COVENANT AGAINST ALTERATIONS OF THE DEMISED PREMISES WITHOUT CONSENT OF LANDLORDNot without the previous consent in writing of the landlord to erect any new buildings on the demised premises or make any alterations or additions to the said premises [or in the laying out or arrangement of the gardens and grounds thereof] or to any new buildings, alterations or additions erected or made in pursuance of the consent of the landlord given under this clause.COVENANT FOR LANDLORD'S CONSENT PRIOR TO ANY ALTERATIONS IN THE DEMISED PREMISESNot to make any alterations or additions to the demised premises or erect any new buildings thereon without the previous approval in writing of the landlord to the alterations, additions or new buildings proposed and to the plans and specifications thereof and to make all such alterations, additions and buildings in conformity with such plans and specifications duly approved by the appropriate authorities.RESTRICTIVE COVENANT AGAINST INTERFERENCE WITH SERVICE INSTALLATIONS IN THE DEMISED PREMISES BY THE TENANTNot to add to or in any interfere with [otherwise than for the purpose of complying with his obligations hereunder for the repair of the same] the electric cables switches junctions or points or the pipes taps or other apparatus installed in connection with the supply or use of electricity water or gas or the telephone installation.RESTRICTIVE COVENANT AGAINST CAUSING DAMAGES TO THE DEMISED PREMISESNot to cut main or injure and of the walls or timbers of the demised premises or suffer or permit the same to be done except for carrying out needful repairs.COVENANT FOR REMOVAL OF UNAUTHORISED CONSTRUCTIONTo remove any additional buildings additions or alterations made to the demised premises except those made with the consent in writing of the landlord at or before the end of the tenancy if so required by the landlord and in such case to restore the demised premises in all respects to their former state.CLAUSE PROVIDING FOR SURRENDER OF LEASE BY LESSEE BEFORE AN INTENDED ASSIGNMENT—LANDLORD'S OPTION TO ACCEPT OR REJECTThe tenant shall not assign underlet or part with the possession of the demised premises or any part thereof without the previous consent in writing of the landlord such consent subject as hereinafter provided not to be unreasonably withheld to an assignment or underletting of the whole of the demised premises to a respectable and responsible person.PROVIDING ALWAYS that if the tenant desires to assign or underlet the whole of the said premises as aforesaid he shall first by notice in writing to the landlord offer to surrender the lease without any consideration and the landlord may within....... days of the service of such notice upon him accept such offer in writing without prejudice to all rights and remedies of the landlord hereunder in respect of rent or breach of covenant. If the said offer is not accepted by the landlord or on his behalf within the said............ days it shall be deemed to have been rejected.COVENANT BY TENANT AGAINST OBSTRUCTION OF LIGHT AND AIR TO LANDLORD'S PREMISES BY NEW CONSTRUCTIONNot to make any alteration of or addition to the demised premises which will interfere with the access of light and air to the existing windows and openings of the landlord's adjoining or neighbouring premises.CLAUSE FOR DETERMINATION OF LEASE UPON TENANT'S DEATH OR BY NOTICE FROM EITHER SIDEIf the tenant [or the landlord or either party] shall desire to determine the term hereby granted at the end of the first......... or.......... years thereof [or in consequence of the death of the tenant whichever shall first happen] and shall give to the landlord [ortenant or other party]........... month's previous notice in writing of such his desire [such notice if given in consequence of the death of the tenant to be given within six months after his death] [in case of determination by tenant add: and shall up to the time of such determination pay the rent and [reasonably] observe and perform the covenants on his part hereinbefore reserved and contained] then immediately on the expiration of such........... or........ years [orthe period in respect of which such notice is given] as the case may be the present demise and everything herein contained shall cease and be void but without prejudice to the rights and remedies of either party against the other in respect of any antecedent claim or breach of covenant contained or otherwise howsoever other.Than by effluxion of time when this deed shall be absolutely void.OPTION CLAUSE FOR RENEWAL FOR FURTHER TERM-TO BE FIXED ON MARKET VALUE -RENTIf the tenant shall be desirous of taking a lease of the demised premises for a further term of [.........] years from the expiration of the term hereby granted at the rent and on the terms and conditions hereinafter mentioned and shall not more than twelve nor less than six months before the expiration of the term hereby granted give to the landlord notice in writing of such his desire and if he shall have paid the rent hereby reserved (hereinafter called the current rent) and shall have [reasonably] performed and observed the several stipulations herein contained and on his part to be performed and observed up to the termination of the tenancy hereby created then the landlord will let the demised premises to the tenant for the further term of [........] years from........at a rent to be determined in the manner provided by the schedule hereto and payable as therein provided and subject in all other respects to the same stipulations as are herein contained except this clause for renewal.SCHEDULE REGARDING RENTa. The rent for the said further term (hereinafter called the new rent) shall be such annual sum as shall be agreed between the landlord and the tenant or determined as hereinafter provided to be the current market rental value of the demised premises at the time of such agreement or determination and shall be paid without any deduction within 7th day of every current month in advance.b. Any agreement between the landlord and the tenant as to the new rent shall be in writing signed by the parties.c. If such agreement has not been made six months before the date on which the said further term is due to commence either party hereto may require an independent surveyor (hereinafter called the surveyor) to determine the new rent.d. The surveyor may be nominated by agreement between the landlord and the tenant.e. Notice in writing of his appointment shall be given by the surveyor to the landlord and the tenant inviting each to submit within a specified period (which shall not exceed four weeks) a valuation accompanied if desired by a statement of reasons.f. The surveyor shall act as an expert and not as an arbitrator. He shall consider any valuation and reasons submitted to him within the said period but shall not be in any way limited or fettered thereby and shall determine the new rent in accordance with his own judgment and option as to the true current •market rental value of the demised premises.g. The surveyor shall give notice in writing of his decision to the lessor and the lessee within [two] months of the appointment or within such extended period as the landlord may agree.h. If the surveyor comes to the conclusion that the current market rental value of the demised premises is less than the current rent and the new rent shall nevertheless be the same as the current rent and the decision of the surveyor shall so state.i. If the surveyor shall fail to determine the new rent and give notice thereof within the time and in the manner hereinbefore provided or if he shall relinquish his appointment or die or if it shall become apparent that for any reason he will be unable to complete his duties hereunder the landlord and the tenant may appoint a new surveyor upon mutual consent to decide upon the matter within an extended period in the like manner.j. The decision of the surveyor shall be final on all matters hereby referred to him.k. Rent shall not be due at the rate of new rent notwithstanding that the said further term may already have commenced until after the tenant has been given such notice thereof as is hereby provided and if the said further term shall have commenced before the tenant has been given such notice the rent shall for the time being and until such notice is given be at the rate of the current rent but on the first rent day after the giving of such notice to the tenant there shall fall due in addition to the appropriate instalment of the new rent a sum by way of additional rent equal to the difference between the new rent and the current rent for the period since the commencement of the said further term.l. The fees of the surveyor shall be shared equally between the landlord and the tenant.m. As respects all periods of time referred to in this schedule time shall be deemed to be of the essence of the contract.CLAUSE FOR APPORTIONMENT OF RENT IN CASE OF ASSIGNMENT OF PORTION OF DEMISED PREMISES BY THE HEAD-LESSEEIt is hereby agreed that if at any time during the term hereby granted any person being for the time being the tenant of the whole or part of the premises hereby demised shall desire to assign a part only of the premises then vested in him at an apportioned rent and shall produce the assignment of such part to the solicitors of the landlord then if the landlord in his absolute discretion approves such apportionment of rent and a payment of [........] is made to his solicitors an endorsement shall be made on such assignment confirming such apportionment of rent and the premises comprised in such assignment shall be subject only to the rent so apportioned to them and to the covenants and conditions herein contained so far as only as they are applicable to the property assigned and the retained land shall be similarly subject only to the residue of the rent of the premises vested in such tenant immediately before such assignment and to the covenants and conditions herein contained so far as only as they are applicable to the land so retained.CLAUSE RESERVING PAYMENT OF PERIODICAL RENT TOGETHER WITH ARREAR RENT, IF ANY, AS PER TERMS OF THE LEASEPaying during the term hereby granted the monthly rent of Rs......... (without any deductions except only such as the tenant may be by law entitled to make notwithstanding any contract to the contrary) to be made in advance within 10th day of every month the first payment to be made on......... [or, if the term commences during the currency of a rent period, the first payment of Rs............ being a proportionate part of the payment to be made on............] and the last payment to be made in advance on the [day for payment] immediately preceding the expiration or sooner determination of the terqi together with the payment falling due on that day.PROVISION FOR PAYMENT OF AGREED FIXED RENT IN ADVANCEPaying during the term hereby granted the monthly rent of Rs......... (without any deductions except only such as the tenant may be by law entitled to make notwithstanding any contract to the contrary) the first of such payments to be made on the day of the commencement of the tenancy [or on the signing hereof] and every subsequent payment to become due payable and recoverable in advance within 10th day of every current month.