Here is a format of the Surrender of Tenancy Agreement. Free .pdf format can be downloaded from here.
MEMORANDUM OF AGREEMENT
1. Date: _____________________
2. Place: ____________________
3. Parties:
3.1 _____________________, son of _________________, by faith – _____, by Nationality – Indian, by Occupation - ________, residing at _______________________________________.
(Tenant/First Party, includes successors-in-interest and/or assigns)
AND
3.2 ____________________, son of _________________, by faith – _____, by Nationality – Indian, by Occupation - ________, residing at ______________________________________.
(Landlord/Second Party, includes successors-in-interest and/or assigns)
Tenant, Landlord collectively Parties and individually Party.
NOW THIS MEMORANDUM OF AGREEMENT WITNESSES AS FOLLOWS:
4.1 Ownership of the Second Party: The Second Party is the sole and absolute owner of and/or otherwise well and sufficiently entitled to the land and building situate and lying at the Premises known as ____________________________________ (Said Premises).
4.2 Tenancy of the First Party: The First Party is a monthly tenant in respect of a _______ [character of use] room having an area of _______ Sq. ft. be the same a little more or less on the ______ floor of the building in the Said Premises [Tenanted Portion] , at a monthly rental of Rs. __/- (Rupees _____________) only, payable according to English calendar month. The Tenanted Portion is described in the 1st Schedule below.
4.3 Proposal and Acceptance: The Landlord has now approached the Tenant to surrender the tenancy and all other rights incidental thereto due to some exigencies and the Tenant has agreed to surrender the tenancy and all other rights in the Tenanted Portion as well as to vacate the same by delivering khas and peaceful possession of the Tenanted Portion to the Landlord, subject to payment of a sum of Rs. _______/- (Rupees _______________) only (Consideration) by the Landlord to the Tenant towards the reimbursement the cost for shifting and rehabilitation.
4.4 Mutual Understanding & Recording of the Terms: The Parties upon negotiation have amicably arrived at the terms and conditions for such surrender of tenancy and conclusive and comprehensive terms and conditions superseding all previous documents and understandings, if any, are now being recorded by this Memorandum.
NOW IT IS HEREBY AGREED AND DECLARED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
1. Surrender of the Tenancy: The Tenant doth hereby agree to surrender his tenancy in respect of the Tenanted Portion, described in the 1st Schedule below in favour of the Landlord, upon payment of the Consideration by the Landlord.
2. Payment of the Consideration: The Landlord shall pay to the Tenant a total sum of Rs.__________/- (Rupees ____________) only towards the cost of shifting and rehabilitation charges and/or compensation for the inconvenience suffered by the Tenant to vacate the Tenanted Portion in favour of the Landlord in the manner specified in the Payment Schedule, described in the 2nd Schedule below.
3. Advance Payment: The Landlord at or before hereof has paid to the Tenant a sum of Rs.__________/- (Rupees ______________) only as an advance and part payment of the Consideration and the Tenant doth hereby as well as by the receipt and memo hereunder written, admit and acknowledge thereof.
4. Effective Date: The Tenant shall cease to have all his right, title and interest in the Tenanted Portion including the right of his monthly tenancy on and with effect from __________ (Effective Date).
5. Delivery of Possession: Within __________ from the date hereof the Tenant shall vacate and hand over peaceful and khas possession of the Tenanted Portion to the Landlord and shall obtain written receipt and acknowledgement thereof from the Landlord.
6. Release from the Liability: Both the Parties release and discharge each other from all liabilities arising under the Tenancy or any variation of the terms of the tenancy with effect from the Effective Date.
5. Delivery of Possession: Within __________ from the date hereof the Tenant shall vacate and hand over peaceful and khas possession of the Tenanted Portion to the Landlord and shall obtain written receipt and acknowledgement thereof from the Landlord.
6. Release from the Liability: Both the Parties release and discharge each other from all liabilities arising under the Tenancy or any variation of the terms of the tenancy with effect from the Effective Date.
7. Representation & Warranty:
7.1 By the Tenant:
7.1.1 After the Effective Date the Tenant shall have no right, title and interest in and over the Tenanted Portion whatsoever and responsibility towards the Landlord, as well as no other or further claim and/or demand from the Landlord, save as specifically stated herein.
7.1.2 Upon delivery of the possession of the Tenanted Portion to the Landlord, the Tenant shall hand over vacant and peaceful possession of the Tenanted Portion after removing all his goods and belongings and thereafter shall have no right to enter into the Tenanted Portion and/or in the Said Premises.
7.1.3 The Tenant has paid and cleared all electricity bills, telephone bills and all other utility bills and there is no arrear in respect thereof.
7.1.4 The Tenant has not created any interest over his monthly tenancy and/or has not done any act or deed which may prejudicially affect the right of tenancy.
7.2 By Purchaser:
7.2.1 Upon execution hereof the Landlord shall have no other or further claim and/or demand whatsoever from the Tenant save and except as specifically stated herein.
7.2.2 The Landlord shall pay the Consideration to the Tenant in terms of the Payment Schedule below.
8. Interpretation:
8.1 Number: Words denoting the singular number include, where the context permits and requires, the plural number and vice-versa.
8.2 Headings: The headings in this Memorandum are inserted for convenience only and shall be ignored in construing the provisions of this Memorandum.
8.3 Definitions: Words and phrases have been defined in this Memorandum by bold print and by putting them within brackets. Where a word or phrase is defined, other parts of speech or grammatical forms of that word or phrase shall have corresponding meaning.
1st Schedule
(Tenanted Portion)
(Tenanted Portion)
……………………………………….................................……
2nd Schedule
(Payment Schedule)
…………………………………………………………………..(Payment Schedule)
9. Execution and Delivery:
9.1 In Witness Whereof the Parties have executed and delivered this Memorandum on the date mentioned above.
____________________ ____________________
[Tenant] [Landlord]
Witnesses:
1. Signature: _________________________
Name:
Father’s/Husband’s Name:
Address:
2. Signature: _________________________
Name:
Father’s/Husband’s Name:
Address:
MEMO OF CONSIDERATION
RECEIVED of and from the within named Landlord the within mentioned sum of Rs.__________/- (Rupees _____________) only towards the advance and part payment of the Consideration as per the memo below:
(Rupees ______________________) only
_________________________
[Tenant]W I T N E S S E S:
1. Signature: __________________________
2. Signature: __________________________
