Non Exclusive Lease for India

Non Exclusive Lease Template for India

A non-exclusive lease agreement governed by Indian law is a legally binding document that grants a tenant the right to use a property while allowing the landlord to lease other parts of the same property to different tenants. This agreement is structured in accordance with the Transfer of Property Act, 1882, and other relevant Indian legislation, including state-specific rent control laws. The document outlines the terms and conditions of the lease, including rent, duration, permitted use, maintenance responsibilities, and the non-exclusive nature of the arrangement, while ensuring compliance with local registration and stamp duty requirements.

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Non Exclusive Lease

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What is a Non Exclusive Lease?

The Non Exclusive Lease agreement is a crucial document used in the Indian real estate market when a property owner wishes to retain the right to lease portions of the same property to multiple tenants. This arrangement is particularly common in commercial buildings, shopping centers, and shared office spaces. The document is governed by Indian law, specifically the Transfer of Property Act, 1882, and various state-specific regulations. It includes essential provisions for rent, tenure, maintenance, utilities, and clearly defines the non-exclusive nature of the arrangement. This type of lease is distinct from exclusive lease agreements as it explicitly permits the landlord to grant similar rights to other tenants, making it particularly suitable for multi-tenant properties while protecting the interests of all parties involved.

What sections should be included in a Non Exclusive Lease?

1. Parties: Identification and details of the lessor and lessee, including their legal status and addresses

2. Background: Context of the lease arrangement and brief description of the property

3. Definitions: Definitions of key terms used throughout the lease agreement

4. Demise: Formal grant of lease and specification of non-exclusive nature of the arrangement

5. Term and Renewal: Duration of lease, commencement date, and renewal provisions

6. Rent and Payment Terms: Rent amount, payment schedule, mode of payment, and escalation clauses

7. Security Deposit: Amount, payment terms, and conditions for refund of security deposit

8. Permitted Use: Specified purposes for which the property may be used

9. Maintenance and Repairs: Responsibilities of parties regarding property maintenance and repairs

10. Utilities and Outgoings: Responsibility for payment of utilities, taxes, and other charges

11. Insurance: Insurance requirements for both parties

12. Lessor's Covenants: Obligations and warranties of the property owner

13. Lessee's Covenants: Obligations and warranties of the tenant

14. Termination: Grounds and procedure for termination of lease

15. Governing Law and Jurisdiction: Applicable law and courts having jurisdiction

16. Notices: Method and addresses for serving notices between parties

What sections are optional to include in a Non Exclusive Lease?

1. Property Management: Include when property is part of a managed complex or building with specific management rules

2. Fit-out Works: Include when tenant is permitted to carry out modifications or improvements

3. Common Areas: Include when property includes shared facilities or spaces

4. Sub-letting and Assignment: Include when sub-letting or assignment rights are to be specifically addressed

5. Force Majeure: Include when specific provisions for unforeseen circumstances are required

6. Environmental Compliance: Include for properties where environmental regulations are significant

7. Parking: Include when parking facilities are part of the lease

8. Signage Rights: Include when tenant requires specific rights to display signs or advertising

9. Break Clause: Include when early termination options are to be provided

What schedules should be included in a Non Exclusive Lease?

1. Property Description: Detailed description of the leased property including boundaries and measurements

2. Rent Schedule: Detailed breakdown of rent payments and escalation schedule

3. Inventory: List of fixtures, fittings, and equipment included in the lease

4. House Rules: Building or complex rules and regulations

5. Plan/Layout: Floor plan or property layout drawings

6. Service Charges: Breakdown of maintenance and service charges if applicable

7. Handover Protocol: Condition report and handover procedures

8. Permitted Alterations: Specifications of allowed modifications to the property

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

Document Type

Licensing Agreement

Sector

IP

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Commercial Property

Residential Property

Retail

Industrial

Office Space

Co-working Space

Warehousing

Manufacturing

Hospitality

Relevant Teams

Legal

Real Estate

Facilities Management

Operations

Finance

Risk & Compliance

Property Management

Business Development

Administration

Relevant Roles

Legal Counsel

Property Manager

Real Estate Manager

Facilities Manager

Operations Manager

Commercial Director

Business Development Manager

Chief Financial Officer

Asset Manager

Lease Administrator

Real Estate Agent

Company Secretary

Risk Manager

Compliance Officer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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