How to make a lease of non-residential premises right

Relations between the owner and tenant are governed by the contract of lease of non-residential premises in writing. Both sides of the matter responsible approach to its development, because it affects how they should act in the future, and whether the document is validArticle 432 of the Civil Code. The main provisions of the contract.

Sample lease of non-residential premises →

In drawing up the contract, take as a basis the sample, but do not stop using the template. Each point is worth thinking about the specifics of your relationship with the second side.

Cap the lease of non-residential premises

First, the contract prescribed information on the parties that enter into it. Here, everything is pretty standard: specify the complete data tenant and landlord. It may look as follows:

, represented by acting on the basis of , hereinafter referred to as "Landlord", on the one hand, and represented acting on Based , hereinafter referred to as the "Lessee", on the other hand, collectively referred to as the "Parties", concluded this agreement follows.

Lodging for rent is the ownerArticle 608 of the Civil Code. landlord or a person who has acquired the right to act on his behalf on the basis of law or a power of attorney. Accordingly, before the conclusion of the contract must be requested from the landlord:

• document by which the owner owns the object (the contract of sale, certificate of right to inheritance and so on);
• an extract from the Unified State Registry of real estate - it will confirm that the room is not in the pledge or under arrest;
• a document that gives the right to act in the face of the owner - the landlord if he is not the owner of the premises.

Both sides may act as a legal or natural person. However, there are nuances. court maycard production find that the landlord, the dealer premises, business leads, and to oblige to pay the value added tax. As for the second hand, renting non-residential premises are allowed to natural persons, but using may be the problem: illegal business - a violationArticle 14.1 of the Administrative Code. Entrepreneurial activity without state registration or without a special permit law.

The subject of the lease of non-residential premises

At this point indicates the actual object of the contract:

Lessor leases for the temporary use for a fee immovable property.

Without evidence to pinpoint exactly what is leased, the contract is considered nezaklyuchonnymArticle 607 of the Civil Code. rental facilities. Therefore, you must specify information about the actual room: the exact address, cadastral number, area, number of rooms - it's all there in the extract from the Unified State Registry of real estate.

If the room is not a separate object of property, extract from USRRE it will not, because it was not put to the cadastral registration. To individualize the object must specify in the contract of the main characteristics of the room: the location of the building, the area inventory number.

Tatyana Trofimenko, a leading lawyer of European Law Service

Also indicate whether the object is equipped with utility infrastructure systems, whether furnished. Here it is worth to refer to the document confirming the right of the landlord to surrender the premises:

At the time of signing of this Agreement the leased premises owned by the Lessor, as evidenced by .

The lease payment and the procedure for calculation

Fix what, when and how the tenant will pay to use the room. For example:

The cost of renting premises is <__> per month. The tenant pays the rent to the Lessor at the latest cashless <__> of each month.

Here, specify whether to include the rent utilities.

premises owner can change the amount of rent is not more oftenArticle 614 of the Civil Code. Rent once a year, unless otherwise specified in the contract.

Rights and obligations of the parties

This is an important point, which indicates that the parties can and should do in relation to each other. Besides the obvious things like the fact that the lessee is obliged to pay the money on time, while the lessor - provide room in the proper form, you can register, for example, as follows.

• Does the tenant the right to hand over the premises in the sublease or not.
• If the tenant will significantly improve the premises at his own expense if the owner must compensate the expenses or part of them, and under what conditions.

lease

The period of the lease of non-residential premises is established by agreement of the parties. If it is greater than one year, the document is subject to mandatory state registration and begins to act afterArticle 433 of the Civil Code. Time of the contract this procedure. The contract is valid up to one year from the date of signing by the parties.

If the period is not designated, the agreement is deemed concluded for an indefinite period. In this case, either party may terminate the contract, warning of their intentions for the second side of the threeArticle 610 of the Civil Code. The term of the lease agreement months. If the contract is ended, and the tenant continues to use the premises, the document is considered to be extended for an indefinite period on the same conditions.

Amendment and termination of contract

By law, a lease of non-residential premises may terminate the courtArticle 619 of the Civil Code. Early termination of the contract by the lessor demand, if a:

• one of the parties violates the terms of the contract;
• tenant damage property or twice delayed payment;
• the owner does not give the tenant the premises or handed it to the disadvantages which do not allow to use the area.

But it is possible to prescribe additional conditions - for example, give the owner the right to early "evict" the tenant, if he uses the space for other purposes.

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

Termination of the contract is not the only possible penalty for non-fulfillment of its conditions. For example, it is possible to provide for penalties for the tenant for late payment or penalty-track check-out upon termination of the contract.

Details and signatures

For individuals is sufficient to indicate the name and passport data. IP appends more HPI. The company indicates INN and information.