THIS MEMORANDUM OF AGREEMENT for monthly tenancy made and entered into at Kolkata this the 1st day of January, 2006 Anno Domini B-E-T-W-E-E-N SRI ……………….., Son of ………….. residing at …………………, hereinafter called the “LAND LORD” (which term where the context so admits in these presents shall mean and include himself and his legal heirs, executors, successors, administrators and assigns) of the One Part A-N-D ……………., a company incorporated under the provisions of the Companies Act, 1956, having its registered office at ……………., hereinafter referred to as the TENANT (which term where the context so admits in these presents shall include its successors and assigns) of the Other Part.
WHEREAS the Land Lord is the absolute owner in possession of self contained flat (which is more fully and particularly described in the Schedule below), total in an area of ………..(approx) Sq ft. more or of premises being numbered……………………………, hereinafter referred to as the “FLAT”.
AND WHEREAS the Tenant has approached the Land Lord to grant monthly tenancy of the said Flat for the purpose of Office of the said Company, on terms and conditions hereinafter mentioned. AND WHEREAS the Land Lord has acceded to the aforesaid of the Tenant.
Contd…. 2
-: 2: -
NOW IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS THAT:
1) The Land Lord has since granted and the Tenant has since accepted the tenancy to use and occupy the said Flat, which is more fully and particularly described in the SCHEDULE hereunder written, for exclusive use of the Tenant of its employees and guests commencing retrospectively from 1st January, 2006 for a period of 3 (three) years only on payment of rents and other charges herein reserved.
2) The Tenant doth hereby agree and covenant that it shall during the continuance of the Agreement pay to the Land Lord a sum of Rs…………../-(Rupees …………………) only per month as rent for the said flat on or before the 10th day of each following month according to English calendar. The Tenant will also pay a sum of Rs… /- (Rupees) only as interest free security deposit, which will be refunded by the Land Lord to the tenant immediately after the termination of the Tenancy Agreement.
3) The Land Lord agrees: - a) To pay all Municipal and other rates, taxes and cesses of whatever nature in respect of the said Flat whether present or future. b) To ensure and make all external and internal major repairs to the said Flat during the term of the tenancy. c) To ensure that the possession of the Tenant and the occupation of the said Flat are not in any way disturbed by or on behalf of the Land Lord, provided the covenants on the part of the Tenant to be observed and performed are duly observed and performed. d) To ensure uninterrupted supply i.e., the normal supply of municipal water and electricity, save and except for the condition beyond the control of the Land Lord.
4) a) The Tenant shall be responsible for and pay the electricity charges and meter hire in respect of the said Flat, for which a separate meter shall be provided by the Land Lord. b) The Tenant shall not part with possession and/or transfer by way of sale, mortgage, sublease, sublet or otherwise encumber the whole or any part of the said Flat under any circumstances. c) The Tenant shall not add to or alter any part of the said Flat. The Tenant shall carry out at its own expenses all minor repairs and maintenance, which may become necessary for the purpose of using the said Flat after obtaining a prior permission of the Land Lord. d) The Tenant shall not throw any dirt, paper and other materials through the doors/windows and shall maintain absolute cleanliness of the said Flat including the sanitary system and shall keep its surroundings clean and habitable at its own cost. e) The Tenant shall use the said flat for the bonafide and office purpose only and Shall not use it for any illegal purpose. f) In the event of any damage caused by the Tenant to the said Flat and/or the furniture & fixtures save and except normal wear and tear, the Tenant shall be obliged to compensate the Land Lord reasonably for such damage.
5) Subject to previous notice in writing and depending on its convenience the Tenant shall allow the Land Lord or his authorized representative(s) to enter into the said Flat during all reasonable hours with a view to inspecting or for carrying out any repair work to the said Flat.
Contd…. 3
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6) The Tenant may at its option terminate this Agreement by serving a notice in writing to the Landlord where after and on expiry of such notice period the Tenant shall quit the said Flat on getting refund of the advance/security money from the Land Lord. The Land Lord also terminates this Agreement by serving prior notice to the Tenant.
7) All other matters relating to the tenancy shall be governed by the provisions of West Bengal Premises Tenancy Act, 1997.
8) Any notice by either of the parties upon the other sent through registered post at the address of such party recorded herein shall be a sufficient service.
IN WITNESS WHEREOF the parties have set their respective hands and seal at Kolkata on this the day, month and year first hereinabove written.
THE SCHEDULE ABOVE REFERRED TO:
All that the constructed entire Second Floor self contained residential Flat, measuring an area about ………Sq Ft (Super Built Up) be it a little more or less at premises No………………….., Sub Registration Office- ………………………, within the ambit of ……………………., in the District of …………………. which is butted and bounded by:
On the North: On the South: On the East: On the West:
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