End Of Tenancy Agreement for India

End Of Tenancy Agreement Template for India

An End of Tenancy Agreement governed by Indian law is a formal document that outlines the terms and conditions for concluding a rental agreement between a landlord and tenant. This document is structured in accordance with Indian property law, particularly the Transfer of Property Act, 1882, and relevant state-specific Rent Control Acts. It details the process for property handover, settlement of accounts, return of security deposit, and mutual release of obligations. The agreement includes provisions for final inspection, documentation of property condition, settlement of outstanding utilities, and specific requirements for proper closure of the tenancy relationship under Indian jurisdiction.

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What is a End Of Tenancy Agreement?

The End of Tenancy Agreement is a crucial document used in India when formally concluding a rental arrangement between landlord and tenant. It serves as a comprehensive record of the termination process, ensuring compliance with Indian property laws and state-specific rental regulations. This document becomes necessary when a lease is coming to an end, whether through natural expiration or mutual agreement to terminate. It covers essential aspects such as property inspection parameters, security deposit return procedures, settlement of pending dues, and documentation of property condition. The agreement helps prevent future disputes by clearly outlining the responsibilities and obligations of all parties involved in the termination process. It must comply with local Rent Control Acts and the Transfer of Property Act, 1882, making it a legally robust document for protecting both landlord and tenant interests in the Indian legal context.

What sections should be included in a End Of Tenancy Agreement?

1. Parties: Identification of the landlord and tenant(s), including full legal names, addresses, and contact details

2. Background: Brief context about the original tenancy agreement, its term, and the intention to terminate

3. Definitions: Key terms used throughout the agreement including 'Property', 'Termination Date', 'Security Deposit', etc.

4. Termination Date: Specific date when the tenancy will end and the property will be handed over

5. Final Inspection: Process and timing for the final property inspection, including who will conduct it

6. Tenant Obligations: List of tasks the tenant must complete before departure (cleaning, repairs, restoration)

7. Security Deposit Settlement: Process and timeline for returning the security deposit, including deductions if any

8. Outstanding Payments: Settlement of any pending rent, utility bills, or other charges

9. Keys and Access Devices: Requirements for returning all keys, access cards, and security devices

10. Forwarding Address: Tenant's obligation to provide a forwarding address for future correspondence

11. Release and Discharge: Mutual release from future claims related to the tenancy

What sections are optional to include in a End Of Tenancy Agreement?

1. Damages Assessment: Include when there are specific damages to be documented and addressed

2. Modifications Restoration: Include when the tenant made modifications to the property that need to be restored

3. Dispute Resolution: Include when there are anticipated disputes about deposit or property condition

4. Abandoned Property: Include when dealing with items left behind by the tenant

5. Professional Cleaning: Include when professional cleaning is required as part of the exit conditions

6. References: Include when agreement on providing future tenancy references is needed

What schedules should be included in a End Of Tenancy Agreement?

1. Schedule 1 - Property Condition Report: Detailed documentation of the property's condition at the time of termination

2. Schedule 2 - Inventory Checklist: List of fixtures, fittings, and items included in the property

3. Schedule 3 - Utility Readings: Final readings for electricity, water, gas, and other utilities

4. Schedule 4 - Damage Documentation: Photographs and descriptions of any damage identified

5. Schedule 5 - Deductions Calculation: Detailed breakdown of any deductions from the security deposit

6. Appendix A - Move-out Inspection Form: Standard form for recording the final inspection results

7. Appendix B - Cleaning Checklist: Detailed checklist of required cleaning tasks

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

India

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
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Real Estate

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