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Dear So and So

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Dear Abraham,

It was a pleasure meeting with you in Pune and knowing first hand that our family’s property is being
respected and maintained by yourself and Hussein. We are all praises for Mr. Mahmood and his staff for
facilitating our family’s association with responsible individuals who are making our home their own
during the course of their higher education.

I am currently in Mumbai and am preparing the lease agreement for renewal. In order to complete all
the paperwork, I require scanned coloured copies of the following documents:

1) Passport Copies of lease signatories/tenants. (Identity and permanent address pages)


2) Visa Copies of the lease signatories/tenants. (Indian Visa, Document/s or Passport page/s)

Kindly email them to me and I shall prepare the contracts and email back a copy for your review shortly
thereafter.

Best Regards,

Murtaza Kapasi

Rental Agreement is an integral part of rental law


Rent or lease of a residential or commercial property in India is subject to strict Indian laws. A
mutual agreement on the terms and conditions of the rented property by the landlord and the
tenant is required. In the present times, leasing a commercial space in India as opposed to
owning commercial real estate is turning out to be a brilliant move.

Professional legal advice becomes a necessity as there are fewer tenant-friendly laws in the area
of commercial leases, and no standard lease agreements. A lawyer’s help will be useful for
making an informed decision in negotiating the best deal on a commercial lease as he/she can
research zoning laws and local ordinances and inform you about local real estate market
conditions and customs.

A rental agreement refers to a relationship between the landlord and the tenant.  It is legally
binding upon the parties. It may be brief, or it may have extra conditions or obligations.
However, any changes or additions to a rental agreement should be maintained in writing.  The
rental agreement is a ‘Legal Form’ which has to be completed, signed and dated by the tenant
and landlord. There are leases and rental forms for renting, leasing and managing residential
rental properties. Both the parties must have access to the document once it is signed.

The landlord should get the agreement registered. The landlord must give the tenant a duplicate
copy of the rental agreement, failing which the tenant is not obligated to pay rent until the tenant
receives a copy of the rental agreement.

Maharashtra Rent Control Act


For a lease agreement, the terms of the lessee (tenant) and the lessor (landlord) when they enter
into a lease agreement would include terms like the term of lease, deposit amount and monthly
rentals. The lessor or the landlord should ensure the premises come back in the right shape in
repossession.

 There has been no damage to the tiling, plumbing, flooring or electrification and the
premises are in the proper condition.
 No major changes have been incorporated in the premises. If the lessee has made some
changes, which are not acceptable to the lessor, the latter may ask him to undo the
changes.
 In the case of leasing of furnished premises, the condition of the furnishings is in proper
condition.
 All the electricity and telephone charges have been taken care of till the specified date by
the lessee or tenant at the time of repossession.

On satisfactory fulfillment of all these aspects, the lessor should offer the refund the security
deposit (if given) to the lessee offering vacant and peaceful possession of the premises.

In a Tenancy Agreement there is a transfer of interest and it establishes the non-eviction of the
tenant by the owner except on the grounds of eviction mentioned under the Rent Act.

Under the Leave and License Agreement transfer of interest takes place on permission and the
same can be terminated as per the terms of the agreement. The possession can be demanded back
from the licensee. The label to the agreement could be Leave & License or Tenancy Agreement,
but it is the intention of the party that counts. Documentation of the commercial lease is also an
important rental law procedure.

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