Table of contents:
- Check docs
- Read the essential terms of the contract
- Pay attention to insignificant, but important points of the contract
2023 Author: Malcolm Clapton | [email protected]. Last modified: 2023-05-22 06:26
We carefully read the contract and enter all the necessary points into it.
For doing business, entrepreneurs most often use rented premises, as this allows them to open their own business without large start-up costs.
Non-residential area intended for commercial activities is best suited for rent. It is possible to organize a business in residential premises, but only individuals - self-employed and individual entrepreneurs - have such an opportunity. At the same time, it is important that you do not violate the rights of the RF LC, article 17. The purpose of the living quarters and the limits of its use. The use of living quarters and the interests of other citizens, and also did not place production on such territory.
So, you have found a suitable premises and decided to enter into a lease agreement. To get started, we recommend that you request documents from the landlord.
Check the landlord's ownership of the premises he is giving you. This can be done from the Unified State Register of Real Estate (USRN). This will help ensure that the premises are not on bail or under arrest. Also ask your landlord:
- the document on the basis of which he owns the object (sale and purchase agreement, lease agreement, and so on);
- BTI passport and cadastral passport for the premises.
Read the essential terms of the contract
It is important to pay attention to the essential conditions: the subject of the agreement, the date, place of its conclusion and validity period, price, details of the parties. If any of these points is not in the agreement, then it can be recognized by the Civil Code of the Russian Federation, article 432. The main provisions on the conclusion of the agreement are not valid.
Subject and object of the contract
It is important to distinguish between the subject and the object of the lease.
The subject will be your relationship with the lessor - the obligations of the parties to transfer the property, its use, as well as the payment for the use of the property.
An object is a property that is rented out. Therefore, it is very important that the contract specifies its characteristics in as much detail as possible, otherwise the agreement is considered the Civil Code of the Russian Federation Article 607. The leased objects are not concluded. These criteria include the cadastral number, address, area, number of rooms and other parameters of the premises that are present in the extract from the USRN. It is better if you ask the landlord for a copy of the cadastral passport of the object to the lease agreement.
It is worth paying attention to the fact that the component parts of the premises cannot be leased. As shown by judicial practice
Information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated January 11, 2002 No. 66 "Review of the practice of resolving disputes related to lease", a lease agreement for a wall or corner in the trading floor cannot be concluded.
The period of validity of the lease agreement is established by mutual agreement of the parties. It is important to take into account that if you conclude an agreement for a period of more than one year, then it is subject to the Civil Code of the Russian Federation, article 609. Form and state registration of the lease agreement of state registration. Such an agreement begins to operate only after the Civil Code of the Russian Federation, article 609. The form and state registration of the lease agreement for this procedure.
The duration of the agreements is required by the Civil Code of the Russian Federation, article 610. The term of the lease agreement should be set in the form of a calendar date or a period of time in years, months, weeks, days, hours.
Please note that if the specified period of validity has passed, but you continue to use the property and the tenant does not object, then the agreement is considered automatically renewed under the same conditions for an indefinite period. And this means that such an agreement can be terminated at the request of either party, it is only necessary to notify the counterparty three months in advance, unless other conditions are specified in the document.
In the contract, it is necessary to indicate the Civil Code of the Russian Federation, article 614. Rent, the procedure and the term of payment. There are several types of payments that are provided by law:
- a certain amount that can be deposited periodically or given a one-time fee;
- the share of income received during the use of the property;
- provision of services to the tenant;
- property improvement costs.
In addition to the rental amount, the tenant pays for utilities provided to him: electricity, gas, water, etc. Such expenses can be included in the rent or remain as an additional item - whichever option you choose, it is better to reflect it in the contract.
Please note that the lessor does not have the right to the Civil Code of the Russian Federation, article 614. The rent unilaterally change the rent price. If you do not have other terms for revising the rent in your agreement, then it can change by agreement of the parties no more than once a year.
Pay attention to insignificant, but important points of the contract
- Write down the value added tax to avoid possible disputes. Renting out property is a VAT-taxable operation. The payer of the tax is the lessor. As a general rule, the tenant receives an invoice, where the VAT amount is displayed on a separate line. If the landlord is not a VAT payer, ask him for a supporting document and include it in the contract.
- Write down the possibility and procedure of the Civil Code of the Russian Federation, article 623. Improvement of the leased property by the lessee of inseparable property improvements. It is better to provide a refund in advance if you are going to make repairs at your own expense.
- Write down the procedure for agreeing with the owner of the object of reconstruction and redevelopment. Redevelopment is such constructive changes to the premises that must be included in the technical documentation. For example, moving walls and changing entrances. But the reorganization brings changes in engineering systems: plumbing, heating devices, and so on. Most often, hairdressing salons are faced with rebuilding.
- Indicate the possibility of transferring property to sublease or its absence.
- Write down the order of access to the premises. Usually, controversial moments arise when rent arrears arise, so it is better to prescribe in advance what will happen in this case. For example, the tenant will be denied access to the premises, while his property will be safe.
- Possibility of installing advertising structures on external walls and other building elements.
- Early termination procedure. It is important to convince the lessor to include in the contract your right to terminate the agreement in addition to the cases specified by the Civil Code of the Russian Federation, article 620. Early termination of the contract at the request of the tenant by law, otherwise you will have to the Supreme Court of the Russian Federation, ruling No. 301-ES16-18586 dated 23.05.2017 to pay rent before the end of the contract. You can also insist that the list of reasons of the Civil Code of the Russian Federation, article 619. Early termination of the contract at the request of the lessor, according to which the lessor can terminate the agreement in accordance with the law, does not increase. At this point, pay attention to the fines and sanctions on both sides.
- It is better to sign the act of acceptance and transfer of property at the time of its receipt and alienation.