A sample equipment rental agreement with an individual is used quite regularly. What you need to know to satisfy the parties and comply with the law, without causing difficulties in relations with regulatory authorities?
Rental concept
Who needs a sample equipment rental agreement with an individual? A lease is a relationship for the transfer of property for temporary use for a period determined by agreement. It’s more common to hear about renting real estate, but equipment and other things are not less often transferred on such terms. The peculiarity of such a lease is that the property that is transferred for use should not lose its properties. Their service life should be quite long, at least several years.
Legislative regulation
Using a sample equipment rental agreement with an individual is not so simple. It is necessary to think over the terms of the agreement and compare them with legislative acts. The main regulatory document in this area is the Civil Code. The law contains general provisions on leasing, its types (rental, leasing).
Attention is also paid to tax aspects. The way the conditions are formulated affects the relationship of the owner or property owner with the tax authorities. In the literal sense, one comma affects the amount of taxes paid.
Thus, the sample should be used as the basis for further work. It is not recommended to take it in its pure form.
A significant part of the regulatory framework is technical documentation related to the use of equipment.
Difference of conditions
The parties have different approaches to the wording of the conditions. The difference is attention to particular aspects. For example, in some agreements, clauses on timelines are spelled out more carefully than in others. They are negotiated with specific dates or an option is proposed when the agreement is automatically renewed until one of the parties declares its refusal from it. Or, on the contrary, the agreement is terminated if one of the parties does not declare its extension.
There is a difference between those who are responsible for the safety, repair.
There is a difference between how the conditions for calculating the amount of payment are built and how it is done.
There is a specificity of agreements between individuals and legal entities. In the second case, the list of documents for the equipment rental agreement is less extensive.
What is the form of the agreement?
The law does not prohibit taking a thing for temporary use without drawing up documents. But this only applies to the relations of citizens, provided that the amount of the transaction does not go beyond the limits of 10 thousand rubles.
Legislation provides for the obligation to conclude an agreement in writing. If there is a desire, the notary will certify the contract. However, signatures and seals are sufficient if the other party is an organization or an individual entrepreneur.
The verbal agreement is unacceptable for legal entities and individual entrepreneurs. Immediately there will be difficulties with reporting to the tax service and insurance funds and with payments in favor of these structures.
An oral agreement has one unpleasant feature. It is forbidden to invite witnesses to confirm his conclusion or the contents of his conditions, the only evidence is written or electronic documents, in particular, correspondence, sending a proposal to conclude an agreement, etc.
Despite this, the equipment rental agreement between individuals in practice is verbal, no one wants to do paperwork. Citizens are not very inclined to believe that the existing document in the future will save them from difficulties.
General list of documents for rent
If the subject of the agreement is transport, a technical passport and a document confirming ownership are attached. In the traffic police is also given a copy of the contract between the parties.
The absence of copies of these documents, if it is not a matter of transport, is not critical, the relevant information about the equipment can be written in the text of the document. It is important that no errors are made, otherwise then making claims will become difficult.
Property Acceptance Certificate
Confirmation of the conclusion of the agreement is an act of transfer of property. It is compiled as a separate document. Indicating the features of the property, defects, defects. This is done in order to avoid the landlord's claims regarding the quality of the returned equipment. The tenant's consent to receive equipment with certain defects, confirmed by his signature, protect the lessor from the claims of the second party. The date and signatures of the parties or their representatives are affixed.
A sample or form of an equipment rental agreement does not always mention the act of acceptance.
Essential conditions
The essential conditions are the clauses of the agreement, the coordination of which is mandatory. If the parties have not agreed on them, then the contract is considered to be non-concluded.
In the case of a rental, such a condition is the subject. Those. in the contract, the parties indicate: name, type, series, number, other information that somehow helps to identify it. If, in the event of a dispute, the court considers the description inadequate, the contract shall be deemed null and void for the parties. As a result, the parties to the agreement return to their original position or a mutual offset of the obligations arising is made.
Other conditions
The characteristic features of the equipment rental agreement between individuals are the way the conditions on the terms and price of the agreement are written. Sometimes they are not affected at all.
Both conditions are not significant. If they are not fully or insufficiently spelled out, the court decides on the basis of the law.
In the case of the price, everything is a little more complicated, you need to calculate the average rental price of such equipment in the area where the contract was concluded. An examination is appointed to conduct the assessment.
Despite the fact that the price and terms are not assigned to the essential conditions, their value is great. What about the timing?
Rental period
The agreement is signed for a period convenient to the parties. The equipment belongs to the category of non-expendable property, and if the parties have not agreed on the time frame for the agreement, it is considered that it is unlimited.
The law obliges the party wishing to terminate the relationship to inform about this in advance, 30 days in advance. The parties to the agreement have the right to prescribe a different mechanism for its termination.
Property rental lasts no more than a year. Parties wishing to renew it must sign a new agreement.
The peculiarity of the rental agreement is that the tenant sends a message to the other party about the termination of the agreement in 10 days.
Agreement price
We talked a bit about the price above, payment can take different forms:
- made in one payment or through periodic payments;
- the lessee transfers to the owner a part of the products manufactured on the equipment;
- the lessee provides other services to the lessor;
- the lessee transfers the thing or property to the second party, thus offsetting is made.
During the year, it is allowed to change the price no more than 1 time, while the change is made with the consent of both parties.
Reasons for early termination of the lease
Grounds for early termination of the contract through the fault of the tenant:
- there is a serious violation of the terms of use of the property;
- the equipment is used for other purposes;
- transferred equipment is damaged;
- repair is not ensured if the duty is assigned to the tenant;
- payment is not paid twice.
Early termination due to the fault of the lessor:
- property was not provided on time for use;
- the landlord creates obstacles to the use of property;
- identified deficiencies that were not agreed upon at the conclusion of the agreement, which impede the normal use of property;
- the property was unsuitable for use.
Samples of equipment rental agreements with individuals are formulated in terms of the grounds for termination either one-sided or blurry.
Exemplary structure
Contracts are built according to the general scheme. Equipment rental contract is no exception. The structure includes:
- place and date of conclusion of the agreement;
- information about the parties to the agreement (passport data of people and names of organizations);
- Subject of the contract or property being leased;
- rental price and payment rules;
- rights and obligations;
- responsibility of the parties to the agreement.
- signatures and details (bank accounts).
Lease Termination Procedure
The termination of the contract is provided in three ways:
- mutual agreement of the parties;
- refusal of one party, when it is expressly provided for by law or contract;
- termination of the agreement through the court.
The choice of the first two options requires proper design. A document is prepared with wording that does not leave questions, signatures and seals.
The third option is to file a lawsuit when there are no other options. The judge does not agree with the lawsuit simply because one of the parties wants to withdraw from the contract for reasons that are not specified in the document.
If one of the parties is an entrepreneur, and the second is an individual, the trial is held in a general court (world or district, depending on what price). If both parties are individual entrepreneurs or commercial organizations and are related to business, the lawsuit is filed with the arbitration court.