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What is Subletting; Midc Subletting penalty

Posted by Sushant Bhilare on April 13, 2024
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What is subletting; Midc subletting penalty and Avoiding Subletting Headaches

The MIDC is crucial in establishing industrial areas across the state. Regarding leasing plots within these areas, there are specific regulations regarding subletting. Breaching these regulations can result in penalties for businesses.

What is Subletting?

Subletting refers to a situation where a lessee (someone who has leased a property) grants permission to another party (sub-lessee) to use a portion or all of the leased space. It’s important to distinguish subletting from sub-leasing, which involves transferring all or most of the remaining lease term to the sub-lessee.

The specific penalties for not following MIDC subletting regulations can vary depending on the nature of the violation and the size of the plot. However, they can include:

Subletting charges: MIDC typically levies a charge as a percentage of the land rate for the period of subletting.
Penalty: An additional penalty may be imposed on top of the subletting charges.
Termination of lease: In severe cases, MIDC may even terminate the lease agreement.

Avoiding Subletting Issues:

Review your lease agreement: Carefully study the terms of your lease agreement to understand any specific clauses related to subletting.
Seek permission: Always obtain written permission from MIDC before subletting any part of your leased plot.
Understand the terms: Clearly define the terms of the subletting arrangement with the sub-lessee, including the duration and purpose of the subletting.
Maintain records: Keep proper documentation of the subletting arrangement for future reference.

Example of MIDC Subletting Penalties
Determine the sublet area value: Land rate per square meter x Sublet area

(Assuming a land rate of Rs. 20000 per sq m)
Land rate = Rs. 20000 /sq m
Sublet area = 2,000 sq m
Sublet area value = Rs. 20,000 /sq m * 2,000 sq m = Rs. 4,00,00,000
Calculate the subletting charge: Sublet area value x Subletting charge percentage

Subletting charge = 3%
Rs. 4,00,00,000 * 3% = Rs. 12,00,000

Penalty Charges 5%
Rs. 4,00,00,000 * 5% = Rs. 20,00,000

Conclusion:

If you have any questions or require further clarification, it’s always best to consult with MIDC or appoint consultant.

Best Regards,
981999 2800 – Amir
981999 2310 – Sushant
www.midcwala.com

https://midcwala.com/required-documents-for-acquiring-a-midc-plot/

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