Residential Lease Agreement (Drafting)
RESIDENTIAL LEASE AGREEMENT
As per definition of Transfer of property Act, 1882 lease is defined as “A lease of immoveable property is a transfer of a right to enjoy such property, made for a certain time, express or implied, or in perpetuity, in consideration of a price paid or promised, or of money, a share of crops, service or any other thing of value, to be rendered periodically or on specified occasions to the transferor by the transferee, who accepts the transfer on such terms.
Lessor, lessee, premium and rent defined.—The transferor is called the lessor, the transferee is called the lessee, the price is called the premium, and the money, share, service or other thing to be so rendered is called the rent.
ADVANTAGES OF LEASE AGREEMENT
- Quality Assets
- Better usage of capital
- Termination rights
- Faster and simple documentation
FEATURES OF LEASE AGREEMENT
1. ALTERATIONS TO THE PROPERTY : Lease agreement specifically provide clause of alteration in the property by the tenant/landlord so one of them will be free from extra additional expenses to repair the same on other hand to make such alteration in the said property the tenant need to take the prior written consent of the owner if the agreement clause is included in the lease agreement.
2. LEGALLY ENFORCEABLE : Lease agreement is legally enforceable agreement. On the breach of any terms and condition of lease agreement by lessor or lessee they both can sue each other on the basis of Lease agreement.
3. RIGHT TO ENTRY : Lease agreement gives right to the landlord to enter and inspect the property which is given under the lease agreement if the clause in include in the lease agreement.
4. PEACE OF MIND : Lease agreement includes the provision relating to who will take the responsibility in case of fire, theft and any other circumstances so it will give to the peace of mind because someone will watch and guard your premises/ home in case of fire and other circumstances.