LEAVE AND LICENSE
AGREEMENT
This Leave and License Agreement (“Agreement”) is
executed on this ____________ day of ____________, at ____________.
BETWEEN
LICENSOR
____________, S/o / D/o /
W/o ____________, aged about ____________
years, occupation ____________, R/o ____________,
hereinafter referred to as the “LICENSOR”, which expression shall
include his/her legal heirs, successors, representatives and permitted assigns.
AND
LICENSEE
____________, S/o / D/o /
W/o ____________, aged about ____________
years, occupation ____________, R/o ____________,
hereinafter referred to as the “LICENSEE”, which expression shall
include his/her legal heirs, successors, representatives and permitted assigns.
The Licensor and Licensee are collectively referred to as
the “Parties.”
WHEREAS
- That
the Licensor is the lawful owner/authorized person in respect of the
premises situated at ____________.
- That
the Licensee has requested the Licensor to permit the Licensee to use and
occupy the said premises for residential / commercial / office / other
____________ purposes.
- That
the Licensor has agreed to grant such permission on a leave and license
basis upon the terms and conditions contained herein.
- That
the Parties intend that this Agreement shall constitute a leave and
license arrangement and shall not create any tenancy, leasehold interest
or ownership right in favour of the Licensee, subject to applicable
law.
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:
1. GRANT OF LICENSE
The Licensor hereby grants to the Licensee a personal,
limited and revocable license to use and occupy the premises situated at:
____________
____________
2. DESCRIPTION OF PREMISES
- Property/House/Flat/Shop
No.: ____________
- Floor:
____________
- Approx.
Area: ____________ sq. ft.
- Number
of Rooms/Cabins: ____________
- Parking,
if any: ____________
3. PURPOSE OF USE
The Licensee shall use the premises solely for:
____________
The premises shall not be used for any illegal, immoral,
hazardous or prohibited activity.
4. TERM OF LICENSE
The license shall commence from ____________
and shall remain valid for a period of ____________ months, ending on ____________
/ ____________ / ____________, unless terminated earlier in accordance with this
Agreement.
5. LICENSE FEE
The Licensee shall pay a monthly license fee of:
₹____________ (Rupees
____________ only).
The license fee shall be paid on or before the ____________
day of every calendar month.
6. SECURITY DEPOSIT
The Licensee shall pay an interest-free refundable security
deposit of:
₹____________ (Rupees
____________ only).
The security deposit shall be refunded after
expiry/termination of the Agreement and handing over of vacant possession,
after adjustment of lawful outstanding dues, damages or other charges.
7. ESCALATION
The license fee shall increase by ____________% after
every ____________ months/years, subject to mutual agreement.
8. LOCK-IN PERIOD
The Parties agree to a lock-in period of ____________ months
from the commencement date.
9. NOTICE PERIOD
After the lock-in period, either Party may terminate this
Agreement by giving ____________ days' prior written notice to the other
Party.
10. ELECTRICITY CHARGES
Electricity charges shall be borne by the Licensee according
to actual consumption/meter reading or as mutually agreed:
____________
11. WATER AND OTHER CHARGES
Water, gas, internet, telephone, maintenance and other
usage-based charges shall be borne by the Licensee as applicable.
12. MAINTENANCE
Routine maintenance and minor repairs arising from normal
use shall be borne by:
____________
Major structural repairs shall be the responsibility of the
Licensor, unless caused by the negligence or misuse of the Licensee.
13. CARE OF PREMISES
The Licensee shall keep the premises clean, safe and in good
condition and shall not cause unnecessary damage to the premises, fixtures or
fittings.
14. ALTERATIONS
The Licensee shall not make structural alterations,
additions or permanent modifications without prior written permission of the
Licensor.
15. FIXTURES AND FITTINGS
The fixtures, fittings, furniture and equipment provided by
the Licensor shall remain the property of the Licensor and shall be returned
upon termination, subject to normal wear and tear.
16. INVENTORY
The items provided with the premises shall include:
____________
____________
17. NO TRANSFER OR SUB-LICENSING
The Licensee shall not assign, transfer, sub-license or
permit any third party to use the premises without prior written consent of the
Licensor.
18. NUMBER OF OCCUPANTS / USERS
The premises shall be occupied/used by:
____________
No additional person shall permanently occupy/use the
premises without prior permission of the Licensor, where such permission is
required.
19. VISITORS
The Licensee may receive reasonable visitors, guests,
customers or clients, subject to the rules of the premises/building and
applicable law.
20. PROHIBITED ACTIVITIES
The Licensee shall not:
a. Conduct any illegal activity;
b. Store explosives, hazardous or prohibited materials;
c. Create nuisance or excessive disturbance;
d. Damage the premises;
e. Use the premises for any activity not permitted under
this Agreement;
f. Violate applicable laws, society/building rules or
government regulations.
21. PETS
Pets shall be permitted/not permitted as follows:
____________
22. SMOKING / INTOXICANTS
Smoking and use/storage of prohibited or intoxicating
substances at the premises shall be subject to applicable law and the following
agreed conditions:
____________
23. BUSINESS / COMMERCIAL USE
If the premises are licensed for commercial use, the
Licensee shall obtain all licences, registrations and permissions required for
its business.
The Licensee shall not use the premises for any business
other than:
____________
24. REGISTRATION AND OFFICIAL ADDRESS
The Licensee shall not use the premises as a registered
office, GST address, business address, loan address or other official address
without the prior written consent of the Licensor wherever such consent is
required.
25. TAXES
Property ownership-related taxes shall be borne by the
Licensor, while taxes, licences and statutory liabilities arising from the
Licensee's activities shall be borne by the Licensee, subject to applicable
law.
26. INSPECTION
The Licensor or authorized representative may inspect the
premises at reasonable times after giving reasonable notice, except in
emergencies.
27. QUIET USE
Subject to compliance with this Agreement, the Licensee
shall be permitted to peacefully use the premises during the license period
without unlawful interference.
28. SECURITY
The Licensee shall comply with reasonable security
requirements of the premises/building and shall be responsible for the safety
of its personal belongings, documents, goods and equipment.
29. LOSS OR DAMAGE TO BELONGINGS
The Licensor shall not be responsible for loss or theft of
the Licensee's belongings except to the extent liability cannot legally be
excluded.
30. REPAIRS CAUSED BY LICENSEE
Any damage caused by the Licensee, its employees, family
members, guests, agents, customers or visitors shall be repaired at the
Licensee's cost.
31. PAYMENT DEFAULT
If the Licensee fails to pay the license fee or other
charges within the agreed time, the Licensor may issue a written demand and
take appropriate lawful action.
32. LATE PAYMENT CHARGES
In case of delay in payment beyond the due date, the
Licensee shall pay:
₹____________ per day / ______% per month,
subject to applicable law.
33. TERMINATION
This Agreement may be terminated:
a. Upon expiry of the license period;
b. By mutual written consent;
c. By giving the agreed notice;
d. For non-payment of license fee;
e. For material breach of this Agreement;
f. For unlawful use of the premises; or
g. On any other ground permitted by applicable law.
34. IMMEDIATE TERMINATION
Where the Licensee uses the premises for an illegal
activity, causes serious damage, creates a serious safety risk or commits a
material breach, the Licensor may take appropriate action, including
termination, in accordance with applicable law.
35. VACATION OF PREMISES
Upon expiry or termination, the Licensee shall peacefully
vacate the premises and hand over vacant possession, keys, access cards,
fixtures and other items belonging to the Licensor.
36. RESTORATION
The Licensee shall restore any unauthorized alteration or
modification made to the premises, unless otherwise agreed in writing.
37. REFUND OF SECURITY DEPOSIT
The security deposit shall be refunded within ________
days from the date of vacant possession after adjustment of lawful
outstanding amounts.
38. HOLDING OVER
The Licensee shall not continue to occupy the premises after
expiry/termination without the written consent of the Licensor. Any continued
occupation shall be dealt with in accordance with applicable law.
39. INDEMNITY
The Licensee shall indemnify the Licensor against losses,
claims, penalties, damages or liabilities arising from the Licensee's
negligence, unlawful activities or breach of this Agreement.
40. FORCE MAJEURE
Neither Party shall be liable for failure or delay caused by
circumstances beyond reasonable control, including natural disasters, fire,
flood, war, riots, government restrictions, epidemics or similar events.
41. NO TENANCY RIGHTS
The Licensee acknowledges that this Agreement is intended to
create only a license to use the premises and does not by itself create any
ownership interest or tenancy rights, subject always to the applicable law and
the legal effect of the arrangement.
42. NO PARTNERSHIP OR AGENCY
Nothing contained in this Agreement shall create any
partnership, joint venture, employer-employee or agency relationship between
the Parties.
43. NOTICES
All notices shall be given in writing and delivered by hand,
registered post, courier, email or another mutually accepted mode to the
addresses/contact details of the Parties.
44. AMENDMENT
Any modification or amendment to this Agreement shall be
valid only if made in writing and accepted/signed by both Parties.
45. ENTIRE AGREEMENT
This Agreement constitutes the complete understanding
between the Parties regarding the licensed use of the premises and supersedes
prior understandings relating to the same subject matter.
46. SEVERABILITY
If any provision of this Agreement is held invalid or
unenforceable, the remaining provisions shall continue to remain effective to
the extent permitted by law.
47. DISPUTE RESOLUTION
The Parties shall first attempt to resolve disputes through
mutual discussion and negotiation. If the dispute remains unresolved, either
Party may seek appropriate legal remedies.
48. JURISDICTION
Subject to applicable law, the competent courts at ________________________
shall have jurisdiction over disputes arising from this Agreement.
49. GOVERNING LAW
This Agreement shall be governed by and construed in
accordance with the applicable laws of India.
50. VOLUNTARY EXECUTION
Both Parties confirm that they have read and understood all
terms and conditions of this Agreement and are executing it voluntarily and
without force, fraud, coercion or undue influence.
IN WITNESS WHEREOF
The Parties have signed and executed this Leave and License
Agreement on the date and place first mentioned above.
LICENSOR
Name: __________________________________
Signature: ______________________________
Date: ____________
LICENSEE
Name: __________________________________
Signature: ______________________________
Date: ____ / ____ / ______
WITNESS NO. 1
Name: __________________________________
Father's/Husband's Name: _________________
Address: ________________________________
Mobile No.: _____________________________
Signature: ______________________________
WITNESS NO. 2
Name: __________________________________
Father's/Husband's Name: _________________
Address: ________________________________
Mobile No.: _____________________________
Signature: ______________________________
