Leasing And Licensing

Leasing and licensing are critical components of real estate transactions, requiring a nuanced understanding of legal, commercial, and regulatory frameworks. We offer end-to-end legal support for residential, commercial, retail, and industrial leasing across India. Our services are tailored to protect client interests, ensure compliance, and structure clear and enforceable agreements aligned with evolving market practices.

Drafting, Vetting, and Negotiation of Lease and License Agreements

• Drafting and reviewing Leave and License Agreements, Lease Deeds, Sub-Lease Deeds, and Commercial Leasing Agreements.
• Drafting and reviewing Fit-out Agreements, Letter of Intents (LOIs), Common Area Maintenance (CAM) Agreement, and Facilities Sharing Agreements.
• Structuring terms related to rent, security deposit, lock-in periods, notice, escalation, sub-letting, indemnities, force majeure, and termination.
• Negotiating terms for fit-outs, rent-free periods, maintenance charges, and usage restrictions.
• Drafting tailored clauses for co-working spaces, IT/ITES parks, malls, SEZs, warehouses, and retail premises.

Statutory Compliance & Registration

• Stamp Duty calculation and payment as per the Indian Stamp Act and state-specific laws (e.g., Maharashtra Stamp Act).
• Advising on registration of lease agreements as per the Registration Act, 1908.
• Compliance with Rent Control Laws, Municipal Zoning Regulations, Fire Safety, and Building Use Permissions.
• Assisting in filing e-registration of Leave and License Agreements (especially in Maharashtra), and coordinating with municipal authorities.

Risk Assessment

• Advisory on breach of agreement, eviction, arrears of rent, unauthorized occupation, and license revocation.
• Advisory on forfeiture clauses, termination rights, and holdover tenancy.

Specialized Leasing Advisory

• Tailored Lease Structures for Long-term industrial leases (99 years, MIDC, SEZ leases, Sub-Letting and Assignment).
• Assisting in drafting matters related to Built-to-suit leasing, leaseback arrangements, and structured rent deals.
• Assisting in matters related to co-living/co-working units in drafting customized license agreements that clearly define the terms of use, payment structures, and rights of both parties.
• Retail and mall space, coffee shop, examination centre leasing, IT/ITES services, arrangements, negotiating leasing terms, ensuring favorable rent structures, and addressing common area maintenance (CAM) charges and marketing rights.