I feel the need to move out of my current house, because it is somewhat isolated, and it cuts me in one corner of a small village in the South of Goa, which itself is considered a space, which is ‘non-happening!’. Not that I would have ventured far from here- just the next village.
So with great effort of several months, we found a house in the next door village and with the mediation of a person who is a nice, elderly, retired bank officer. With much ado we looked at the house, met the owners, not once, but at least half a dozen times, brought each of them to my current house and let them interact with my landlord, who shares my premises, to let him tell them of his experience with me as a tenant.
At the end of this long-winding road, they sent me a rent agreement; which I finally saw yesterday, after a span of ten days. I am sharing the language of the agreement here, direct from the draft. All the items that have been highlighted, cut off or in bold are my changes. However, having made the changes to this draft what I felt was, what I write the end of the draft.
NOW THIS AGREEMENT OF LEAVE AND LICENSE WITNESSETH AS UNDER :
- The Licensor hereby grants a license and authorize the Licensee to use the said Premise for residential purpose for the period of 11 months commencing from 1th April 2015 to 28th February 2016 for a total License fee of Rs…./- (Rupees payable on or before every 5th day of each Succeeding month to the Licensor at his residence OR deposited in a designated bank account before the said date, via money transfer through electronic means.
- The Licensee hereby agree to pay the monthly compensation /Licensee fee of Rs…. to the Licensor regularly and punctually on or before 5th day of each succeeding month, failing which shall entitled penalty charges of Rs.100 per day in addition to the monthly compensation license fee for additional day of non payment beyond the due date and additionally and in such case the Licensor shall been title at his own option to terminate the present agreement without giving any advance written notice to the Licensee.
- For due and proper fulfillment of this Agreement the Licensee has deposited with the Licensor an amount of Rs….as security deposit . The said amount of security deposit shall remain with the Licensor till the Subsistence of this Agreement and the same shall be refunded to the Licensee after expiry of the term of this Agreement after deducting the amount of dues, if any, payable by the Licensee to the Licensor.
- The Licensee shall not carry out any structural alteration or repairs of the said Premise without prior written consent of the Licensor. If any such alterations are made or if any damages are caused to the said Premise, same shall be made good by the Licensee and Licensee and Licensor shall be entitled to adjust same from the amount of security deposit.
- The Licensee shall use the said Premise licensed to her for the bonafide purpose of residence only. The Licensee covenants with the Licensor that he shall not commit any waste or cause any damage to the said Premise.
- The said Premise is provided with separate electricity connection and Licensee hereby agrees to pay the actual amount of the Electricity bill received as and when the bill are issued by the Electricity Department and also liable to pay Water charges as per the amount of water bill to the Licensor, after the commencement of the period of the rent. No prior bills need to be borne by the Licensee. After termination/expiry of the present agreement. License shall have to clear all outstanding dues and produce valid receipt of the clearance of such due and the Licensor shall be entitled to adjust the unclear bills with the same deposit and hold back the payment of the security deposit till the same are cleared to the satisfaction of the Licensor.
- The Licensee shall upkeep and maintain the said Premise during the continuance of this license. They shall keep the electricity and Water connection in good and running condition.
- The Licensee shall use the said Premise licensed to him for the bonafide purpose of residence only. The licensee agrees to keep the said premise in the same condition as it is license to him subject to normal wear and tear and loss or damage caused to the licensed property shall be made good by the Licensee. The Licensee solely responsible for any damages caused by the short circuit etc. occurred due to the negligence of the Licensee.
- The Licensor shall have the right to visit the said premiseat all reasonable time during the business hours to see its safety and for any other inspection by fixing a prior appointment with the Licensee. without prior notice to the Licensee.
- The Licensee shall not sub let assign and or in anyway part with the possession of the license either by forming partnership or a company with any third party.
- The Licensee shall not carry any illegal activities in the said premise nor shall store illegal good, explosive, combustible, hazardous or corrosive material in the said premise.
- The Licensee shall not misbehave with neighbors. Should I not write that the Licensor will be responsible for all misbehaving neighbours?!
- The Licensee shall not cause any nuisance in or around the said Premise nor shall throw the waste material in the compound of the said Premise.
- The Licensee shall keep the license Premise its fixture, furniture and fitting in good state and in the event if the license Premise, its fixture, furniture and fitting are destroyed or damaged due to negligence act on the part of the Licensee then the Licensee shall be liable to pay the cost/damage caused to the said Premise, fixtures, fitting and furniture to the Licensor as per the approved valuer.
- The Licensor can terminate this Agreement by giving one month written notice in case of breach of any term of this Agreement by the Licensee. The Licensee can terminate this Agreement by giving one month written notice to the Licensor. In both events Licensor shall refund security deposit after adjusting outstanding license fees and other dues as aforesaid if any.
- The Licensee shall hand over a peaceful and vacant possession of the said Premise to the Licensor at the expiry of the period of license. If the Licensee fails to give vacant possession of the license Premise, after the termination or expiry of this Agreement, the Licensor shall be entitled to claim compensation / meanse profit @ Rs.2000/- per day for the entire period of such illegal and authorized use of the said Premise with immediate effect. The Licensor shall refund to the Licensee the security deposit amount of Rs…. without any interest only after the determination of the entire period of license period although the present Agreement may be terminated earlier in point of time.
- It is hereby agreed and clearly understood by and parties that nothing in these present shall be construed to confer any illegal rights of tenancy sub tenancy lease etc. on the Licensee and that Licensee can enjoy the use of the said Premise temporary subject to the terms and condition of this Agreement.
- The Licensee is taking in his possession the goods from the Licensor pursuant to the said leave and license Agreement. The Licensee hereby undertakes to keep the same in good and working condition subjected to regular wear and tear and make good the loss if any caused due to damage or loss of the said goods.
- In case of any dispute that may raise by or between the parties about the terms of this Agreement or interpretation thereof than the some shall be referred to a sole arbitrator who shall be appointed by the Licensor and the award given by him shall be binding on both the parties. The proceedings shall be governed by Arbitration and Conciliation Act 1996 or to adjudication shall be subject to the courts in Margao.
- The Licensee shall be held responsible for all civil and criminal act committed by him during the occupation of the said Premise.
- After expiry of the license period the same shall be extended or renewed at the option of the Licensor on new terms and conditions mutually agreeable to the parties with enhance in monthly compensation/license fee by 7.5% i.e. for the next 11 months if renewed.
- The Licensee shall not obtain driving license, ration card, Adhar card or any other documents on the strength of this Agreement without written permission from the Licensor.
- The Licensee undertakes to vacate the said Premise after completion of 11 months or else the Licensor shall be free to enter upon the Premise and after removing belongings of the Licensee and shall be free to take possession of the said premise in presence of two prominent persons or witnesses. (this was the clause that blew my mind up finally)
- If the Licensor takes possession as per the clause 23 of this Agreement and keeps the belonging items in the compound or the passage of the said Premise which belonging items etc. subsequently stolen by any person/s then the licensor shall not be held responsible or liable to pay any cost of the stolen items to the Licensee.
Though on first sight I braced myself and decided to tone down their language, but later having done all that, put all the questions, the exclamations and whatnot, I felt, is this really a zone I want to enter? So this is the response I wrote to them
I find the language of this agreement extremely noxious and hostile and does not evoke my confidence to enter into a rent agreement with the said party for I feel they are capable of serious harm, as their language is so ‘angry’ and full of spite. They seem to be renting out their premises, as though, to someone who is uncultured, uneducated and complete social nuisance. It is very disappointing to read what this rent agreement delineates. Perhaps I have to reconsider my decision to even rent out this place!
Considering I have lived always with such decency and that Hyginus Mascarenhas, my current landlord always had such cordiality in his association with me, which was a reflection of my cordiality towards him, I find this language to be very offensive to my sensibilities. My whole world is a world of communications and how we construct our relationships through language,and you know that well.
I am afraid we would have to reconsider renting out this premises, given these terms and conditions. The alternative toning down of the language is what I am suggesting and sending back to you. Since you also have a copy of my rent agreement with Hyginus, you may want to check the language from there, to confirm for yourself how shocking the language of this leave and license agreement sounds.
When you enter into a rent agreement it is not as though you are entering into a zone of conflict where one person is offering their home to you and you are robbing them or intimidating them, or they you- and either party has to be on their guard all the time. If this is the attitude of anyone towards incoming tenants, they might as well not put up their home for rent- instead of showing this boorishness towards unsuspecting strangers. This way is strange indeed.
I have always considered my home a very sacred space and not a zone of conflict. Since so many people come and share their suffering and their stories with me, I in fact consider the space like a sanctuary and a healing zone. I do not think I can create a healing zone in a place which is so fraught with conflict and animosity.
On this note I decided I would not want to have anything with such people- who do not know the norms of basic civilized behaviour, human values and courtesy.