This Agreement for leave and licence is made and entered into at Mumbai this ———– day of————–, 20_ between ABC, an ordinary resident of —————————————Mumbai-, hereinafter referred to as the “Licensor of one part” and DEF , Occ:- Service, having his permanent address at ———————, Rajasthan, here in after referred to as the “Licensee of other part” for the sake of brevity.
WHEREAS:-The “Licensor of one Part” is the absolute owner and otherwise fully entitled to and possessed of a residential flat situate at ————————————, Mumbai admeasuring about ____ Sq.Feet, comprising ___________________ with attached W.C (herein after referred to as the “Said premises” for the sake of brevity);
AND WHEREAS the “Licensee of other part”, being in the need of accommodation has approached the said “Licensor of one part” to allow him to use and occupy the said premises for residential purpose on ‘Leave & Licence’ basis for a limited period of eleven months and whereas the “Licensor of one part” was agreeable to this, he decided to enter into and execute a “Leave & Licence” Agreement on the terms and conditions which are agreed by and between the parties hereto as under:-
NOW IT IS AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:-
1) The Licensor hereby grants leave and licence to the Licensee to occupy and use the said premises for residential purpose of himself and of his family members for a limited period of eleven months and this agreement shall expire on —————————–.
2) That the “Licensee of other part” in consideration of the grant of Licence to use and occupy the said premises on “Leave & Licence” basis shall pay to the said “Licensor of one Part” a sum of Rs———-/- ( Rs————————— only) being an aggregate of the total monthly charges @ of Rs- ————-/- per month for the period of eleven months.
3) The premises will be used only for the residence of the “Licensee of other part” and of his family members and for no other purpose whatsoever.
4) That the said premises are let out to the “Licensee of other part” on ‘Leave & Licence’ basis only and nothing contained therein shall be construed to create a right, title or interest of any kind in favour of the “Licensee of other part”, except so far as may be necessary to enable him to enjoy and occupy the said premises peacefully during the term of the licence and no further.
5) All the Municipal taxes and other taxes and levies in respect of the licensed premises will be paid by the Licensor alone.
6) That the ‘Licensee of other part’ shall use the said premises in good faith and will not cause any damage, loss or injury thereto. If any damage, loss or injury is caused to the said premises, the same shall be made good by the ‘Licensee of other part’ at his own cost either by rectifying the damage or by paying such cash compensation as may be determined by the “Licensor of one Part” .
7) That the ‘Licensee of other part’ will be liable to pay the electricity charges and he shall furnish to the “Licensor of one Part” all the duly paid electricity bills during the term of the Licence.
8) That the ‘Licensee of other part’ or any other person claiming through him shall not cause any nuisance, mischief or annoyance to the people in the neighborhood or store any hazardous goods in the said premises or near about and shall not do any unlawful or anti-social act in violation of any law.
9) That the “Licensee of other Part” has deposited a sum of Rs——-/- (Rs————–Only) with the “Licensor of one Part”, being the amount of security deposit and it is hereby agreed by and between the parties that “Licensor of one Part” shall be entitled to appropriate the said amount of security deposit in the event of any loss, injury or damage being caused to the said premises or on account of arrears of electricity bill, without prejudice to his right to demand additional or further monetary compensation. It is hereby agreed between the parties that on the expiry of the term of the Licence the “Licensor of one Part” shall refund the said amount of security deposit or such balance thereof, if any, as may be left after defraying the expenses on account of the loss or arrears, to the “Licensee of other Part” without any interest.
10) If the ‘Licensee of other part’ commits a breach of any of the terms of this agreement then notwithstanding anything herein contained, the “Licensor “ will be entitled to terminate the agreement by giving fifteen days prior notice.
11) That on the expiration of the period of eleven months or in the event of earlier termination of the Licence, the ‘Licensee of other part’ shall hand over vacant and peaceful possession of the Licensed premises to the “Licensor of one part” in the same condition in which the premises now exist subject to natural wear and tear.
12) That in the event of earlier termination of the licence due to lapses or breach of the aforesaid covenants committed by the “Licensee”, the “Licensor of one part” shall be at liberty to forfeit the “Security Deposit”.
In Witness where of the parties here to have put their respective hands this day and year first herein above written.
Signed by the Withinnamed
In the presence of
The Licensor of one Part