Despite the crisis in the economy, the rental market is quite lively. Both demand and supply are only growing day by day. Lease transactions are concluded between legal entities and individuals, as well as in mixed versions. When drafting the contract, you should adhere to clear rules that will protect your rights and not protest the transaction of one of the parties.
Legal basis
The basic rules for a sample lease agreement are regulated by the Civil Code, in particular chapters 34 and 35. The first part of chapter 34 sets forth the general rules that apply to all types of leases.
Most of the information prescribed in the Code is of a dispositive nature. In practice, the parties to a transaction have the right to independently determine the form and principles of their relations. Legislation applies if the parties have not agreed on the rules of conduct in a particular situation. The norms regarding the protection of the legal rights of both parties to the transaction and third parties are empowered. This approach of the legislator allows balancing legal lease relations and in no way contradicts the principles of freedom of transactions.
A sample lease agreement for a premises involves fixing the transaction in the usual written form, unless otherwise agreed at the level of regulatory acts.
Contract form
Mandatory transaction between enterprises is in writing. If the sample lease agreement for the premises suggests that the parties are individuals, then the amount of the transaction should not exceed 100 thousand rubles. If at least one legal entity is involved in the transaction, then the lease must also be made in hard copy.
Preamble
As a rule, this part of the contract is given the least attention, but in vain. The discrepancy between the data specified in the contract and the actual can cause the transaction to be invalidated.
The following information is prescribed in the sample lease agreement for non-residential premises of the apartment:
- full name of the contract, its number and place of drawing up, date;
- full information about the parties between whom the contract is concluded.
If it is a matter of concluding a transaction between enterprises, the full name and legal form of each of the parties should be written in the preamble, the name of the person signing the document and the name of the document giving the right to sign (Charter or Power of Attorney) should be indicated.
When agreeing between private individuals, the name, passport information should be indicated. If an individual entrepreneur is involved in the transaction, then it is required to enter its registration data, tax code.
Subject of the contract
The sample premises lease agreement shows that in the course of the transaction, full information about the property to be leased with its description should be recorded. In particular, the location of the object, its area, number of rooms, etc. should be indicated. Be sure to include information on the presence of encumbrances or seizures on property.
It should be remembered that the right to lease is vested not only with the owner of the real estate. The current legislation does not prohibit the conclusion of transactions to those persons who have not registered their ownership right. The owner of the property has the right to entrust the procedure for signing the contract and leasing the premises to a third party.
If there is no information in the contract regarding the description of the property, the latter cannot be identified, and the transaction may be invalidated.
Price and conditions for its increase
A sample lease agreement for residential premises, as well as non-residential, contains information on the cost and conditions of its possible increase. However, at the legislative level, the absence of such information does not entail the recognition of the transaction as invalid. In this case, the amount that applies to similar real estate will be payable. But such a position usually does not suit the parties to the contract, and the price is fixed in a solid amount. Payment for a lease transaction may be made in other ways. For example, in the bill:
- shares of certain income;
- improvement of the rental object by the tenant;
- services from the tenant.
In the example of a lease agreement for non-residential premises, as an example, information on cases of changes in the amount of rent is often prescribed. As a general rule, the rental price should not change more often than 1 time per year. Although one can meet the wording that rent changes monthly or quarterly, depending on changes in the inflation rate. In this case, it is recommended that tenants, at the time of signing the contract, limit the possible price increase within a certain framework.
It is recommended that the contract also describe the procedure for reducing the rental rate if the conditions for the use of real estate have substantially changed, the quality characteristics of the non-residential premises have deteriorated, and not through the fault of the tenant.
Contract time
A sample lease agreement for premises between individuals and enterprises contains information about its validity. In the absence of such information, the contract will be considered concluded for an indefinite period. Thus, the parties receive additional rights. That is, one of them has the right to cancel the contract at any time, warning the other 1 month before the expected date of termination of the transaction, unless other conditions are provided for in the text of the document.
If the contract indicates a longer period than prescribed by law, then such a transaction will be considered concluded for the period specified in the regulatory enactment.
Duties of the parties
Any agreement is a mutual rights and obligations, which are confirmed in writing.
Landlord Responsibilities
The owner of the property (or his authorized person) is obliged to provide the leased object within the time period specified in the contract. The condition of the property and its purpose must comply with the terms of the contract.
Usually, the entire technical part and description of the property described in the sample lease agreement between legal entities and individuals is completely duplicated in the act of transfer and acceptance, where the parties confirm that they have no complaints against each other and the condition of the property.
The landlord is responsible for possible shortcomings that the transferred property has, of which the tenant did not know and could not know, but revealed them during operation. In this case, the lessee has the right to demand the termination of the contract or the elimination of all discovered deficiencies, in proportion to the reduction in rent.
If specific shortcomings of the non-residential premises were stipulated in the contract, the lessee shall not have the right to demand the elimination of such defects at the expense of the lessor.
Tenant Responsibilities
The most basic duty of a real estate user is the timely rental payment and compliance with all the rules for operating non-residential premises and the terms of the contract. For example, if the premises have a designated purpose (office), then the tenant is not entitled to reside there.
As a rule, the model of a lease agreement for a dwelling with an individual company indicates that the tenant agrees to take part in all costs of operating the leased object, from paying for gas to ongoing repairs. The size and procedure for reimbursing utilities is determined by the parties in a contractual manner.
By default, subleasing should be agreed with the owner of the property, unless other conditions are expressly stated in the contract. The lease of property by a tenant to a third party does not preclude the first obligation to preserve the property.
The provision that both parties to the lease contract have obligations to carry out current and overhaul is related to the dispositive norm. The parties have the right to negotiate independently who, when, and at whose expense will carry out repairs.
Termination of an agreement
Like any type of transaction, a lease is an agreement between two parties that can be terminated due to the expiration of the term or ahead of schedule, for other reasons.
A number of provisions stipulated in the clause on termination in the model of the lease agreement for the premises makes it possible for the lessor to go to court in order to protect his rights if:
- the qualitative characteristics of the leased property have changed significantly;
- the tenant has not paid a fee for using the premises more than 2 times in a row;
- the tenant violates the agreement regarding the use of the leased object;
- the tenant has an obligation to carry out major repairs, but he never did.
In the sample non-residential lease agreement, the transaction can be terminated early by the tenant if:
- the property taken is unsuitable for use for reasons beyond the control of the tenant;
- there is a rejection of the obligation to carry out major repairs on the part of the lessor, if this is assigned to the owner of the premises by the terms of the contract;
- if the lessor creates obstacles to the use of the leased object, refuses to transfer it;
- the property was transferred with defects that the tenant could not know about at the time of acceptance.
Termination Procedure
Not in all situations the landlord or tenant acts in one person. For example, if we are talking about a sample lease agreement between legal entities, it is unlikely that the director of the enterprise who signed the agreement is watching the payment. The accountant may also forget or for some reason not pay. For such cases, the Civil Code provides for the option of prior notification to the parties that one of them fulfills its obligations within the agreed period. After the transmission of such a notice, if the other party has not taken any action and has not tried to fulfill its obligations, the other party may already send a notice of termination of the lease.
In case of early termination, it is recommended to sign the corresponding agreement. It is best that such a document has information in the sample lease agreement for non-residential premises. Termination of such a document is not regulated by applicable law, but should have a number of mandatory details:
- date of compilation, location;
- a full description of the details of the parties with reference to the current lease;
- grounds that give the opportunity to early terminate the contract;
- information that after signing the agreement the parties do not have or have claims to each other.
The agreement should draw up an act of acceptance.
Gratuitous use
There is such a form of relationship as renting property free of charge . At the legislative level, such an agreement is referred to as a loan or gratuitous use agreement. In the sample contract for gratuitous rental of premises, the lessor acts as a lender, and the user as a borrower.
If we are talking about renting social housing, the Housing Code does not prohibit such a transaction at no cost, but with the obligatory notification of local authorities, that is, in fact the owner of such housing. The main thing is that the lender is obliged to notify local authorities, but not to obtain consent from them. A restriction can only be a violation of the accounting norm of living space for 1 person. Each city has its own norm. For example, in Belgorod - this is 15 square meters. m., and in Moscow - 10 square meters. m
You should be aware that if a gratuitous lease transaction conceals a normal lease, then it is not possible to recover rent, even in court.