The Basic Tenancy Agreement serves as a fundamental legal instrument in the Indian real estate sector, designed to formalize rental arrangements between property owners and occupants. This document is essential when any residential or commercial property is being rented out in India, requiring compliance with the Transfer of Property Act, 1882, state-specific Rent Control Acts, and local municipal laws. The Basic Tenancy Agreement typically includes crucial details such as property description, rent amount, security deposit, maintenance responsibilities, and termination conditions. It must be properly executed and, for agreements exceeding 11 months, registered under the Registration Act, 1908. This template is particularly valuable for standardizing rental arrangements while ensuring legal compliance and protecting both parties' interests under Indian jurisdiction.
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1. Parties: Details of the landlord and tenant, including full names, addresses, and contact information
2. Background: Brief context about the property and the intention to create a tenancy
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Details: Complete description of the rental property, including address and boundaries
5. Term and Renewal: Duration of tenancy, commencement date, and renewal terms
6. Rent and Payment Terms: Rent amount, payment schedule, method of payment, and late payment consequences
7. Security Deposit: Amount, payment terms, conditions for refund, and deductions
8. Utilities and Maintenance: Responsibility for utilities, repairs, and maintenance obligations of both parties
9. Use of Property: Permitted use of the property and restrictions
10. Landlord's Covenants: Obligations and promises of the landlord
11. Tenant's Covenants: Obligations and promises of the tenant
12. Termination: Conditions and process for termination of the agreement
13. Notices: Process for serving notices between parties
14. Governing Law: Specification of applicable laws and jurisdiction
15. General Provisions: Miscellaneous legal provisions including severability and entire agreement
1. Lock-in Period: Minimum period during which neither party can terminate the agreement except under specified circumstances
2. Subletting: Terms and conditions for subletting, if permitted
3. Pet Policy: Rules regarding keeping pets in the property
4. Furniture and Fixtures: Details of furnished properties and inventory of items provided
5. Insurance: Requirements for property insurance and contents insurance
6. Force Majeure: Provisions for unforeseen circumstances affecting the tenancy
7. Structural Changes: Terms regarding modifications or alterations to the property
8. Property Management: Details of property manager or management company if applicable
1. Schedule 1 - Property Inventory: Detailed list of furniture, fixtures, and fittings provided with the property
2. Schedule 2 - Property Condition Report: Detailed description of the property condition at the start of tenancy
3. Schedule 3 - House Rules: Specific rules and regulations for the property or building
4. Schedule 4 - Utility Meter Readings: Initial meter readings for electricity, water, gas at the start of tenancy
5. Appendix A - Property Photos: Photographic evidence of property condition
6. Appendix B - Floor Plan: Layout and measurements of the property
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