A leave and license agreement is a legal document that governs the terms and conditions of renting out a property. The agreement is signed between the owner of the property, who is referred to as the licensor, and the person who will be renting the property, who is referred to as the licensee. The document specifies the rights, responsibilities, and obligations of both parties during the duration of their rental agreement.
The main law governing leave and license agreements in India is the Indian Easements Act of 1882. Section 52 of this act defines a license as a permission to use the property of another person which does not create an interest in the property. The term `leave and license` is not specifically defined in the act, but it is commonly used to refer to a license created with respect to immovable property.
According to the act, a leave and license agreement can be created orally or in writing. However, it is advisable to have the agreement in writing as it is easier to prove the terms and conditions in case of a dispute. The agreement should clearly specify the duration of the license, the rent to be paid, and the purpose for which the property will be used. It should also include clauses related to the maintenance of the property, the security deposit, and the rights of the licensee to sub-license the property.
Apart from the Indian Easements Act, state-specific laws also govern leave and license agreements. For example, in Maharashtra, the Maharashtra Rent Control Act, 1999, governs the lease and license of property in the state. This act specifies the conditions under which a landlord can evict a tenant, the limits on rent increases, and the rights of the tenant to carry out repairs on the property.
In conclusion, a leave and license agreement is a legal document that governs the terms and conditions of renting out a property. The Indian Easements Act of 1882 defines the license and provides a framework for creating and enforcing leave and license agreements. Additionally, state-specific laws may apply, such as the Maharashtra Rent Control Act, 1999 in Maharashtra. It is important to ensure that the agreement is well-drafted, clearly specifying the rights and obligations of both parties to avoid any disputes later.