How to get a room to rent and not stay with debts

For business owners often use the rented premises, as it allows no large upfront costs to start a business.

It is best to rent suitable uninhabited area designated for commercial activities. you can organize a business, but it is possible, only from individuals in residential areas - self-employed and individual entrepreneurs. It is important that you do not violate the rights ofHousing Code, Article 17. Purpose of premises and limits of its use. Using premises and interests of other citizens, and not placed in such territory production.

So, you have found a suitable room and decided to enter into a lease. For the beginning we recommend to request documents from the lessor.

Check the documents

Verify ownership of the lessor on the premises, which he sends you. This can be done, ordering extract from the Unified State Registry of real estate (USRRE). This will help make sure that the room is not in the pledge or under arrest. Also, ask the landlord:

• document on the basis of which it owns the object (contract of sale, Lease agreement, etc.);
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• passport TIB and cadastral passport at the premises.

Check out the essential terms of the contract

It is important to draw attention to the essential terms: the subject of the agreement, the date, the place of its conclusion and expiry date, price, details of the parties. If some of these items in the contract will not be, it can be recognizedCivil Code, Article 432. The main provisions of the contract is 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 performing your relationships with the landlord - obligations of the parties for the transfer of the property, its use, as well as payment for the use of the property.

The object is - this property which is leased. It is therefore very important that the contract had as much detail spelled out its characteristics, otherwise the agreement is consideredArticle 607 of the Civil Code. rental facilities not concluded. These criteria include the cadastral number, address, area, number of rooms and other conditions of the room, are present in the extract from USRRE. It is better if a lease agreement you ask the landlord a copy of the cadastral passport facility.

It is worth paying attention to the fact that the component parts of the premises can not be subject to lease. As shown judicial practice
Information letter Presidium of the RF from 11.01.2002 number 66 "Review of dispute resolution, the rental"It can not be concluded a lease or wall angle on the trading floor.

Contract time

The period of the lease is established by mutual consent. It is important to bear in mind that if you enter into an agreement for a period of more than one year, then it is subject toCivil Code, Article 609. Form and state registration of the lease agreement state registration. Takes effect only after such a contractCivil Code, Article 609. Form and state registration of the lease agreement this procedure.

Validity of agreements needCivil Code, Article 610. The term of the lease agreement establish a calendar date or period of time in years, months, weeks, days, hours.

Note that if the specified expiration date has passed, but you continue to use the property and the tenant does not object, the agreement is automatically restarted on the same terms on indefinite term. This means that such an agreement may cease at the request of either party, only need to notify the counterparty three months, if the document is not specified other conditions.

Price, rent

The contract necessarily need to specifyCivil Code, Article 614. Rent order and terms of payment. There are several types of payments that are prescribed by law:

• a certain amount that can both contribute periodically, and pay a one-time;
• the share of income received during the use of property;
• the provision of tenant services;
• the cost of improvements to the property.

In addition to the rental amount the tenant pays utilitiesProvided by him, electricity, gas, water and so on. Such costs may be included in the rent or stay in the form of a supplementary item - no matter what option you choose, it is better reflected in the contract.

Please note that the landlord has no rightCivil Code, Article 614. Rent to unilaterally change the price. If you are not spelled out in the contract other terms of the revision of rent, then it can be changed by agreement of the parties no more than once a year.

Note the non-essential, but important points of agreement

• list the size tax value added tax, in order to avoid possible disputes. Renting property - transactions subject to VAT. Taxpayer lessor. As a general rule, the tenant receives the invoice where the amount of VAT derived separately. If the landlord is not a VAT payer, request a confirmation document and enter it into the contract.
• Prescribe the possibility and procedureCivil Code, Article 623. Leasehold improvements of tenant permanent improvements to property. Better to contemplate a refund if you are going to make repairs at its own expense.
• Prescribe the procedure for approval of the owner of the object reconstruction and redevelopment. Re-planning - these are structural changes in the room, you need to make sure that in the technical documentation. For example, the transfer of the walls and change the inputs. But changes are rebuilding engineering systems: plumbing, heating devices and so on. Most often faced with the reorganization of hairdressing.
• Indicate the possibility of transferring property sublease or lack thereof.
• Prescribe the procedure for access to the room. Usually controversial moments come when the debt occurs for the rent, so it is best to register in advance what will happen in this case. For example, the tenant will be denied access to the room, with its property will be safeguarded.
• Possibility of installation of advertising structures on the exterior walls and other building elements.
• The procedure for early termination. It is important to convince the landlord to include in your contract right to terminate the agreement in addition to the cases referred toCivil Code, Article 620. Early termination by tenant demand contract law, otherwise you'll have toThe Supreme Court of the Russian Federation, the determination of the number 301 5/23/2017 ES16-18586 to pay the rent until the end of the contract. Also, you can insist that to the list of reasonsCivil Code, Article 619. Early termination of the contract by the lessor demandFor which the landlord can terminate the agreement in accordance with the lawNot increased. At this point, pay attention to the fines and penalties on both sides.
• It is better to sign the act of acceptance-transfer of property at the time of acquisition and alienation.