The Past Due Rent Payment Agreement is essential in situations where tenants have accumulated rental arrears and both parties wish to formalize a structured repayment plan. This document is particularly relevant in the Indian legal context, where it must comply with the Transfer of Property Act, 1882, state-specific Rent Control Acts, and the Indian Contract Act, 1872. It's commonly used during financial hardships, dispute resolutions, or when converting lump sum obligations into manageable installments. The agreement typically includes detailed payment schedules, acknowledgment of the debt amount, default provisions, and remedies available under Indian law. It serves as a crucial tool for landlords and tenants to avoid litigation while ensuring legally enforceable commitment to resolve rental arrears.
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1. Parties: Identifies the landlord and tenant with their complete legal names, addresses, and contact details
2. Background: Describes the original rental agreement, the accumulated rent arrears, and the parties' intention to enter into a payment arrangement
3. Definitions: Defines key terms used throughout the agreement including 'Past Due Rent', 'Payment Schedule', 'Default', etc.
4. Acknowledgment of Debt: Formal acknowledgment of the exact amount owed, broken down by periods and including any applicable interest or charges
5. Payment Terms: Details of the repayment schedule, including installment amounts, due dates, and payment methods
6. Default and Remedies: Consequences of missing payments and the landlord's remedies in case of default
7. Representations and Warranties: Tenant's confirmation of ability to pay and landlord's confirmation of accurate debt calculation
8. Governing Law and Jurisdiction: Specifies Indian law as governing law and identifies the courts having jurisdiction
1. Security Deposit Adjustment: Include when existing security deposit will be applied to the past due amount
2. Interest and Penalties: Include when charging interest on the past due amount or penalties for late payments
3. Guarantor Provisions: Include when a third party is guaranteeing the payment obligations
4. Waiver of Claims: Include when parties are settling any disputed amounts or claims as part of the agreement
5. Continuation of Tenancy: Include when specifying whether and how the existing tenancy will continue
6. Property Maintenance Obligations: Include when linking payment compliance to ongoing maintenance obligations
1. Schedule A - Payment Schedule: Detailed breakdown of installment amounts and payment dates
2. Schedule B - Outstanding Amount Calculation: Itemized list of unpaid rent with dates and amounts
3. Schedule C - Original Lease Reference: Copy or key details of the original lease agreement
4. Appendix 1 - Payment Methods: Detailed instructions for acceptable payment methods and processing
5. Appendix 2 - Communication Protocol: Procedures for payment notifications, receipts, and default notices
Relevant legal definitions
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Relevant Industries
Real Estate
Property Management
Residential Housing
Commercial Property
Retail
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Healthcare
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Relevant Teams
Legal
Property Management
Real Estate
Operations
Finance
Collections
Compliance
Risk Management
Tenant Relations
Asset Management
Relevant Roles
Property Manager
Real Estate Manager
Legal Counsel
Leasing Manager
Asset Manager
Property Owner
Facilities Manager
Real Estate Attorney
Tenant Relations Manager
Collections Manager
Housing Officer
Lease Administrator
Risk Manager
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