How to draw up a lease agreement for non-residential premises correctly

2024 Author: Malcolm Clapton | [email protected]. Last modified: 2023-12-17 03:44

There are no strict requirements for the form, but it is necessary to follow the content.

The relationship between the owner and the tenant is governed by a written lease agreement for non-residential premises. It is important for both parties to take a responsible approach to its preparation, since it depends on how they should act in the future and whether the document will be valid Civil Code of the Russian Federation Article 432. Basic provisions on the conclusion of an agreement.

Sample contract for the lease of non-residential premises →

When drawing up a contract, take a sample as a basis, but do not stop using a template. At each point, you should think about the specifics of your relationship with the other party.

Non-residential lease contract cap

First, the agreement contains information about the parties who conclude it. Everything is pretty standard here: full details of the tenant and landlord are indicated. It might look like this:

in the person acting on the basis, hereinafter referred to as the "Lessor", on the one hand, and in the person acting on the basis, hereinafter referred to as the "Lessee", on the other hand, and collectively referred to as the "Parties", have entered into this agreement as follows.

The premises can be rented out by the owner of the Civil Code of the Russian Federation Article 608. The landlord or a person who has received the right to act on his behalf on the basis of the law or a power of attorney. Accordingly, before concluding the contract, you must ask the lessor:

• the document on the basis of which the owner owns the object (purchase and sale agreement, certificate of the right to inheritance, and so on);
• an extract from the Unified State Register of Real Estate - it will confirm that the premises are not pledged or under arrest;
• a document that gives the right to act on behalf of the owner - if the lessor himself is not the owner of the premises.

Both a legal entity and an individual can act on both sides. However, there are nuances. The court may consider that the landlord who rents the premises is engaged in business activities and oblige him to pay value added tax. As for the second side, it is allowed to rent non-residential premises to an individual, but there may be problems with the use: illegal entrepreneurship is a violation of the Code of Administrative Offenses of the Russian Federation Article 14.1. Carrying out entrepreneurial activities without state registration or without special permission from the law.

Subject of the lease agreement for non-residential premises

This clause specifies the actual subject of the contract:

The Lessor provides the Lessee for temporary use for a fee an object of immovable property.

Without data allowing to determine exactly what exactly is being leased, the agreement is considered not concluded by the Civil Code of the Russian Federation Article 607. Leased objects. Therefore, it is necessary to indicate information about the premises itself: the exact address, cadastral number, area, number of rooms - all this is in the extract from the Unified State Register of Real Estate.

If the premise is not an independent real estate object, there will be no extract from the USRN for it, since it is not registered in the cadastral register. To individualize the object, it is necessary to indicate in the contract the main characteristics of the premises: location in the building, area, inventory number.

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In addition, indicate whether the facility is equipped with communal infrastructure systems and furnished. Here it is worth referring to the document confirming the landlord's right to rent out the premises:

At the time of the conclusion of this agreement, the leased premises belong to the Landlord on the basis of ownership, which is confirmed.

Rent and settlement procedure

Record how much, when and how the tenant will pay for the use of the premises. For example:

The cost of renting the premises is rubles per month. The Lessee pays the rent to the Lessor by bank transfer no later than the day of each month.

Please indicate here if the rent includes utilities.

The owner of the premises may change the amount of rent no more often than the Civil Code of the Russian Federation Article 614. Rent once a year, unless otherwise specified in the contract.

Rights and obligations of the parties

This is an important point, which states what the parties can and should do in relation to each other. In addition to the obvious things like the fact that the tenant is obliged to pay money on time, and the landlord is obliged to provide the premises in the proper form, here you can write, for example, the following.

• Whether the tenant has the right to sublet the premises or not.
• If the tenant significantly improves the premises at his own expense, should the owner reimburse the costs or part of them and under what conditions.

Lease term

The validity period of the contract for the lease of non-residential premises is established by agreement of the parties. If it is more than one year, then the document is subject to mandatory state registration and begins to operate after the Civil Code of the Russian Federation Article 433. The moment of concluding an agreement for this procedure. The contract is valid for up to a year from the date of signing by the parties.

If the period is not specified in any way, the agreement is considered concluded for an indefinite period. In this case, either party may terminate the contract by warning the other party of their intentions for three of the Civil Code of the Russian Federation Article 610. The term of the lease is a month. If the contract has ended, and the tenant continues to use the premises, the document is considered extended for an indefinite period under the same conditions.

Modification and termination of the contract

According to the law, a lease agreement for non-residential premises can be terminated early by a court of the Civil Code of the Russian Federation Article 619. Early termination of the agreement at the request of the lessor if:

• one of the parties violates the terms of the contract;
• the tenant damages the property or delayed the payment twice;
• the owner does not provide the premises to the tenant or has transferred it with defects that do not allow the use of the area.

But you can also prescribe additional conditions - for example, to give the owner the right to early "evict" the tenant if he uses the premises for other purposes.

Responsibility of the parties under the contract for the lease of non-residential premises

Termination of the contract is not the only possible sanction for failure to comply with its terms. For example, you can provide for a late payment penalty for the tenant or a penalty for a slow departure upon termination of the contract.

Details and signatures

For an individual, it is enough to indicate the full name and passport data. The individual entrepreneur also adds the TIN. The company indicates the TIN and details.