अपनी जानकारी भरिए

RESTAURANT PREMISES LEASE

Lease of premises to be used as a restaurant, cafe or food outlet

1. 1. Who is signing. This Lease is signed on __________ at __________. The owner is __________, __________, whose address is __________ (the Landlord, including heirs and successors). The occupier is __________, __________, whose address is __________ (the Tenant, including permitted successors). The Landlord lets and the Tenant takes the Premises for a restaurant business on the terms below.

1. 2. What is let. The Landlord lets __________ at __________, measuring about __________ square feet, on the __________, and the use of __________ (the Premises). The fixtures that the Landlord leaves are listed in the Schedule, and a plan is attached as Annexure A.

1. 3. Landlord's title and promise. The Landlord promises that it owns or is entitled to let the Premises, that it holds __________, that the Premises are free of any charge that will stop the Tenant's use, and that it will keep the Tenant in quiet possession as long as the Tenant pays the rent and keeps to this Lease.

1. 4. The business. The Tenant will run __________ under the name __________ (the Business), serving __________. The Tenant may not use the Premises for any other business, as a place to live or sleep, or for a banquet hall, night club or dance floor unless the Landlord agrees in writing.

1. 5. Whether the building may be used for a restaurant. The Landlord says that a restaurant is a permitted use of the Premises in the building plan and under the rules of __________. __________ If an authority refuses to allow the Business because the building does not permit it, the Tenant may end this Lease on notice and recover the deposit and the rent paid in advance.

1. 6. Term. The term is __________ months from __________ to __________, unless it ends sooner or is renewed under this Lease.

1. 7. Handing over, and time to fit out. The Landlord will give vacant possession on __________. The Tenant has __________ days from then to build and equip the kitchen and dining area and to obtain its licences. __________

1. 8. Rent structure. __________

1. 9. Fixed rent. The fixed rent is __________ a month, payable in advance by the fifth day of each month, by __________ to the account the Landlord names in writing, and the Landlord will give a receipt each time.

1. 10. Share of turnover. __________ If a share of turnover is payable, the Tenant will give the Landlord a signed statement of the month's sales within ten days of the month's end, and the Landlord may, once a year and on seven days' notice, have the Tenant's sales books and tax returns for that year examined by an accountant it names, at the Landlord's cost, unless the examination shows an understatement of more than five per cent, when the Tenant bears the cost.

1. 11. Yearly increase. The fixed rent will rise on each anniversary of the start date by __________ per cent of the rent then payable.

1. 12. Tax. All rent is exclusive of goods and services tax and any other tax the law makes payable on the letting. If such tax is payable, the Tenant pays it with the rent on a proper tax invoice from the Landlord, and the Tenant deducts tax at source only where the law requires it and gives the Landlord the certificate.

1. 13. Security deposit. On signing, the Tenant pays a refundable deposit of __________, without interest, as security for rent, charges, damage and the cost of removing fixed kitchen equipment that the Tenant leaves behind against the terms of this Lease.

1. 14. Giving back the deposit. The Landlord returns the deposit within thirty days after the Tenant hands back vacant possession, less the sums that are due and an account of each deduction. The Tenant may not set off the deposit against the last months' rent.

1. 15. Late payment. Sums unpaid after their due date carry interest at __________ per cent a year until paid. This does not give the Tenant a right to pay late.

1. 16. Lock-in. Neither party may end this Lease in the first __________ months. A party that leaves in that period without right pays the rent for the rest of it, less what the Landlord earns by re-letting.

1. 17. Kitchen and dining fit-out. The Tenant may build the kitchen, the service counter, the dining area, a toilet for guests, a cold room and a dry store, and may fix furniture, signage and decoration at its cost, to the layout it gives the Landlord. The Tenant will not weaken a beam, column or load-bearing wall, will not drill the slab without the Landlord's engineer's approval, and will waterproof every wet area it builds.

1. 18. Exhaust, chimney and smell. The Tenant will fit a commercial exhaust and a grease filter, and will carry the exhaust duct to the place the Landlord approves and to a height that does not trouble the neighbours. The Tenant will clean the duct and filter every three months and will keep the smell of cooking from entering the common areas or other units.

1. 19. Drains and grease. The Tenant will fit a grease trap on the kitchen drain, clean it regularly and keep the record, and will not let oil, food waste or detergents choke the building's drain. The Tenant bears the cost of clearing a blockage that arises from the Business.

1. 20. Gas and cooking fuel. The Tenant may use __________ for cooking, stored and piped as the safety rules and the gas supplier require, in the place the Landlord approves, and never in the basement or on a stairway. The Tenant will have the gas line tested once a year and will give the Landlord the test report on request.

1. 21. Electricity and power. The Tenant will pay for the electricity on its own meter, or on a sub-meter at the supplier's rate, and the Landlord will provide __________ kilowatts of load. The Tenant may install a generator set in the place the Landlord approves, with a silencer and a safe fuel store.

1. 22. Water supply. The Landlord will provide water for the Premises, and the Tenant will use water for drinking, cooking and washing that is safe and will clean its tank regularly. The Tenant will not waste water or pollute the building's tank.

1. 23. Licences for the Business. The Tenant alone is responsible for obtaining and keeping in force every licence the Business needs, including the food business licence or registration, the health and trade licence of the local authority, the fire safety clearance, the signage permission, a music licence if music is played, and, only if the Tenant sells liquor, an excise licence, and for paying their fees and fines. The Landlord will sign an owner's consent or no-objection letter within seven days of being asked.

1. 24. Food safety. The Tenant will keep the kitchen and the stores clean, will use a trained cook and a food safety supervisor where the rules require one, and will keep the cooking oil, water and food within the safe limits. The Tenant alone answers to the authorities and to guests for the food it serves.

1. 25. Liquor. The Tenant will not sell, serve or keep liquor in the Premises unless the Landlord has agreed in writing and the Tenant holds a valid licence for the Premises. __________ If the licence is cancelled, the Tenant will stop serving liquor at once.

1. 26. Opening hours. The Business may open during __________. The Tenant will not run it later than the law allows, and will stop any live music or noise at the hour the local rules require.

1. 27. Noise and neighbours. The Tenant will keep music, voices and machines within the limit of noise that the law allows for the area, and will not let guests make a nuisance in the car park or the passage. If a neighbour makes a written complaint that is justified, the Tenant will put it right within seven days.

1. 28. Guest parking and delivery riders. The Tenant may use __________ parking spaces for guests and staff at the places marked in Annexure A. The Tenant will see that delivery riders wait at the place set aside for them and do not block the road, the entrance or the fire lane.

1. 29. Waste. The Tenant will keep wet food waste and dry waste separate, will have them taken daily by a collector authorised by the local authority, and will keep the waste room closed and clean. The Tenant will not put waste in the common passage or throw it outside the Premises.

1. 30. Pests. The Tenant will have the Premises treated for pests by a licensed agency every two months and will keep the record. The Landlord will treat the common areas and the building drains.

1. 31. Fire safety. The Tenant will keep fire extinguishers, a fire blanket for the kitchen and a working smoke alarm, will train its staff, and will not block a fire exit. The Landlord will keep the fire alarm and the fire exits of the building in working order and give the Tenant any fire clearance it holds.

1. 32. Signboard and branding. The Tenant may put up a signboard and its brand mark on the front wall and above the entrance, in a size the local authority permits, at its cost. The Tenant will take down the signboard at the end of the Lease and repair the wall.

1. 33. Rights of the Landlord's other tenants. The Landlord says that no other tenant in the building has been given the right to be the only restaurant in the building, and will not let another unit in the building to a restaurant of the same kind as the Business in the same building while this Lease continues.

1. 34. Repairs by the Landlord. The Landlord will keep the roof, the outer walls, the structure, the main drains and water lines, the common areas and the lift in good repair, and will fix any leak into the Premises within seven days of a written request.

1. 35. Repairs by the Tenant. The Tenant will keep the inside of the Premises, the kitchen, its equipment, the floors and fittings in good order, will repair any damage it causes, and will repaint the Premises when the Lease ends if they have become worn beyond fair use.

1. 36. Maintenance and taxes. The Tenant pays __________ a month for the common services. The Landlord pays the property tax and the other taxes on the land and building. The Tenant pays the taxes on its Business.

1. 37. Insurance. The Landlord insures the building. The Tenant insures its kitchen equipment, stock and fit-out, and takes a public liability policy of not less than __________ for injury to guests and others, and gives the Landlord a copy of the policy on request.

1. 38. Landlord's entry. The Landlord may enter at a reasonable hour on twenty-four hours' notice to inspect or repair, and in the last three months of the term to show the Premises to someone who may take them. The Landlord will not enter the kitchen during service hours except in an emergency.

1. 39. No sub-letting or franchise. The Tenant may not sub-let the Premises or part with possession, may not assign this Lease, and may not run the Business under a franchise or management arrangement that gives another person control of the Premises, without the Landlord's written consent, which will not be unreasonably refused if the Tenant remains answerable. A change of more than half of the Tenant's ownership counts as an assignment.

1. 40. Rent law. __________ Nothing here takes away a right that the rent law that applies gives a tenant, and nothing in that law limits a right of the Landlord in this Lease except as the law says.

1. 41. Default. If the Tenant does not pay rent for two months, or breaks another term and does not put it right within thirty days of a written notice, the Landlord may end this Lease by notice and recover possession in the way the law allows. The Landlord will not cut off water or power or lock the Tenant out.

1. 42. Landlord's breach. If the Landlord does not hand over possession on time, does not repair, or disturbs the Business, the Tenant may give notice and, if the breach goes on for thirty days, may spend a reasonable sum on the repair and set it off against the rent, or end this Lease and recover the deposit and the cost of the fit-out that cannot be taken away.

1. 43. Exit by the Tenant. After the lock-in, the Tenant may end this Lease on __________ months' written notice or pay rent for that period instead.

1. 44. Renewal. __________ A renewed Lease will be a new registered document.

1. 45. Handing back. At the end, the Tenant will clear out its stock, kitchen equipment and furniture, remove its signboard, make good the damage from their removal, remove all grease and waste, and give back the Premises clean with the keys. Any fixture that the Landlord agrees in writing to keep stays without payment.

1. 46. Closure by an authority. If the Business is shut by an order of an authority that is not caused by the Tenant's fault for more than fifteen days, the fixed rent for the time beyond fifteen days is reduced by half, and the Tenant may end this Lease by notice if the closure goes on for ninety days.

1. 47. Things left behind. If the Tenant leaves anything in the Premises thirty days after the end of the Lease, the Landlord may, after written notice, store it at the Tenant's cost and then sell it or dispose of it. Perishable food may be thrown away at once.

1. 48. Indemnity. The Tenant makes good to the Landlord any loss from a claim by a guest, an employee or an authority about the running of the Business, including food poisoning and fire caused by the kitchen. The Landlord makes good any loss to the Tenant from a defect in the building's structure, wiring or drains that the Landlord was told of.

1. 49. Events beyond control. A party is not in breach for a delay caused by flood, fire, riot, an order of government, a lockdown or a general strike. The Tenant's duty to pay rent does not stop except as the clause on closure says.

1. 50. Stamp duty and registration. The Tenant pays the stamp duty and the registration fee, __________ The parties will go to the Sub-Registrar together on __________, or another date they agree, and each will give the papers and the signature needed.

1. 51. Notices. Notices must be in writing and sent by hand, registered post or courier to the address at the top of this Lease, or by email to __________ for the Landlord and __________ for the Tenant. A notice is received when delivered, or on the day after it is emailed if no failure message comes. Either party may change its address by notice.

1. 52. Settling a dispute. The parties will first try to settle a dispute by talks, which either may begin by written notice. If it is not settled in thirty days, __________ The courts at __________ alone have jurisdiction, subject to any right under the rent law that applies.

1. 53. Personal data. Each party will use the other's personal data and that of its staff only to perform this Lease, will keep it safe and will erase it when no longer needed, in line with the Digital Personal Data Protection Act, 2023.

1. 54. Whole agreement. This Lease, with its Schedule and Annexures, is the whole agreement on its subject. A change must be in writing, signed by both parties, and registered where the law requires. If any clause is found invalid, the rest continues, and the parties may sign copies, each of which is an original.

1. 55. Staff and guests. The Tenant will see that its cooks and servers keep to the hygiene rules of the food authority, wear clean clothes, and are of good conduct, and that no staff member lives or sleeps in the Premises. The Tenant is answerable for the acts of its staff, guests and suppliers in and around the Premises.

1. 56. Menu, bills and behaviour. The Tenant will display its menu and prices as the law requires and will give a bill for each sale. The Tenant will not allow gambling, drug use or any unlawful act in the Premises, and will ask any guest who breaks the law to leave and call the police if needed.

1. 57. Cameras and security. The Tenant may fit security cameras inside the Premises and at the entrance, but not so that they watch other occupants or the common passage. The Tenant will keep the footage safe and will use it only for the safety of the Business, in line with the Digital Personal Data Protection Act, 2023.

1. 58. Frontage and common areas. The Tenant will keep the front of the Premises and the part of the passage used by its guests clean, will not let queues or tables spill into the common passage or the road, and will not place tables outside the Premises without the Landlord's written consent and any permission the local authority requires.

1. 59. Music and events. The Tenant may play background music at a low level within the hours allowed for the Business, and may hold private events inside the Premises, but will not hold a loud function, a procession or a large gathering without telling the Landlord and holding any permission the law requires.

1. 60. Delivery apps and orders. The Tenant may sell through delivery platforms of its choice. It is alone responsible to the platforms and its customers, and will see that the platforms' riders collect only from the place set aside for them.

1. 61. Papers to attach and where the Lease is kept. The parties attach: __________ The Landlord and the Tenant each keep one registered original, and the Tenant keeps a copy to show the licensing authorities.

SCHEDULE: FIXTURES LEFT BY THE LANDLORD

__________

ANNEXURE A: PLAN OF THE PREMISES

The plan attached to this Lease shows the kitchen, the dining area, the entrance, the exhaust route, the parking spaces and the fire exit, and is signed by both parties.

LEGAL BASIS

Punjab: A lease of immovable property for more than one year must be made by a registered instrument (section 17(1)(d) of the Registration Act, 1908). Two rent Acts operate in Punjab, divided by the date of letting: premises let before 30 November 2013 fall under the East Punjab Urban Rent Restriction Act, 1949, where ejectment is decided by the Rent Controller under section 13, with an appeal to the appellate authority; premises let on or after that date fall under the Punjab Rent Act, 1995, where eviction is decided under section 20. Outside a notified urban area, neither Act applies and the landlord gives notice under section 106 of the Transfer of Property Act, 1882 and sues in the civil court, with an appeal to the District Judge and the Punjab and Haryana High Court. The licences for food, fire, trade and liquor are granted by the authorities that regulate them and are named in the lease without section numbers.

Chandigarh: A tenancy of urban premises is governed by the East Punjab Urban Rent Restriction Act, 1949, as applied to the Union Territory, under which the Rent Controller decides ejectment (section 13), with an appeal to the appellate authority and then the Punjab and Haryana High Court. A lease for more than one year is registered under section 17(1)(d) of the Registration Act, 1908 before the Sub-Registrar of the Union Territory, and a suit on the lease lies in the civil court at Chandigarh, with an appeal to the District Judge, Chandigarh.

PERSONAL DATA NOTICE

This notice is given under the Digital Personal Data Protection Act, 2023.

The purpose of collecting the personal data in this lease is to identify the Landlord and the Tenant, describe the premises and the business, and prepare the document for stamping and registration.

The record will be held by __________ and may be shared with the Sub-Registrar and the stamp vendor, the local, food and fire authorities, the parties' advisers and accountants, a bank that lends on the premises or the business, and a court or arbitrator if a dispute follows.

If the matter does not proceed, the personal data will be retained for 90 days and then erased. If the matter proceeds, the record will be retained for the transaction or authority matter plus 12 months, except where a statute requires a longer named retention period.

A person named in this document may request correction or erasure where the purpose has ended, withdraw consent for future consent-based processing, or raise a grievance by writing to __________. The record-holder should acknowledge and reply within 30 days.

Data minimisation: this document does not collect a full Aadhaar number, an Aadhaar-card copy, a password or bank credentials.

Personal-data instruction: __________.

SIGNATURE

 
 
______________________________
Signature
Landlord: __________, by __________
Place: ____________________
Date: ____________________

 
 
______________________________
Signature
Tenant: __________, by __________
Place: ____________________
Date: ____________________

WITNESSES