Rent is a very common phenomenon in our country. But what is sublease? This mechanism of interaction is quite new for our country. How is he different? What features exist in practice? In our article you will find answers to these questions, as well as a practical example, where the mentioned contract will be considered.
Sublease of non-residential premises: in which case they talk about it
Suppose there is a person who owns an office space. He rents it out to someone . The tenant used it and for some reason decided that he did not need a room. Well, then he (with the permission of the owner) can sublet it. This process is regulated by the second paragraph of Article 615 of the Civil Code of the Russian Federation.
When concluding a sublease, it is necessary to draw up a contract. And recall again: the consent of the owner to all this should be required. Even if there is a clause in the contract that this is not necessary.
Possible situations are when the contract between the owner and the tenant provides for the possibility of the latter transferring property to third parties. But you need to make sure of this yourself by reading the document.
Based on the foregoing, it is not difficult to understand what sublease is. But such a scheme is rather time-consuming and time-consuming, therefore one cannot count on the particular popularity of this type of relationship.
What is the subject of a sublease agreement
The subject of the sublease agreement is a non-residential premises (in our example, an office). When applying, it is necessary to ensure that its characteristics are indicated as accurately as possible:
- address;
- type of room;
- area;
- short description.
The latter is often placed not in the contract itself, but in the annex to it. Usually, floor plans are also made for everything that is subleased. This avoids inaccuracies in the documentation.
Parties and contract form
Any legal entities, individual entrepreneurs and competent individuals can act as subjects of the described agreement. Russian legislation does not have any special requirements regarding this.
Not so simple with the form of the contract. So, regardless of the sublease term, the document must be in writing and signed by both parties. If the contract is concluded for a year or more, then it must be registered. Without it, it has no legal force.
The timing
Paragraph No. 2 of Article 615 of the Civil Code of the Russian Federation states that the duration of a sublease cannot be longer than the lease effect. It should also be noted that there is a difference in renewal. So, if a new lease is concluded, then the sublease must be drawn up separately. Therefore, you should always pay attention to the timing. If the lease is issued for an indefinite period, then if you want to break the contract, you must be warned about this for three months.
What should be in the documents regarding sublease
Now we will consider how documents for sublease should be executed. Basic documentation:
- Preamble.
- The subject of the contract.
- Obligations and rights of the parties.
- Prices for non-residential premises for a certain time interval (usually for a month) and the calculation procedure between entities.
- Responsibility of the parties.
- How much (until what time) the contract is valid.
- Details and signatures (if necessary, and press) of the parties.
In addition, the following documents are attached to the contract:
- Description of the premises that are rented.
- Payment schedule.
- Cadastral passport.
- Certificate that the person has the permission of the owner to rent the premises to third parties.
The following documents may also be added:
- Act on the transfer / reception of non-residential premises.
- Additional agreements that stipulate certain nuances.
- Disagreement protocols and documents for their approval.
Responsibilities of the tenant and subtenant
Both the tenant and the subtenant have certain responsibilities. The first one should:
- Provide the negotiated premises within the period specified in the contract.
- Demand that a major overhaul of the premises, which is the subject of relations, be carried out.
- To familiarize the subtenant with his rights and obligations.
- Make sure that the intended use of the premises is not disturbed.
In turn, the subtenant must:
- Ensure that the property is in good condition, and in case of problems with this, it is his fault to repair the premises.
- Pay on time the amount of money that is set as rent. If untimely or incomplete payment, damage to property or the absence of major repairs is recorded, the contract may be prematurely terminated in court.
Reimbursable contract
The lessor, when providing non-residential premises to the lessee, in accordance with Article 423 of the Civil Code of the Russian Federation, must receive a fee or other counter provision. If its size is not determined, this does not mean that nothing needs to be paid. This circumstance makes it possible for the landlord to demand its receipt (and in the amount that he wants, within a reasonable amount).
Nonprofit structures often receive rentals for their activities free of charge from wealthy virtues. In this case, relations are additionally regulated by subparagraph No. 2 of Article 170 of the Civil Code of the Russian Federation. Own subject of ownership can be transferred or everything can be made out as a sublease of the premises.
About rent
The amount of rent must be agreed by both parties and be confirmed in writing. If this is not the case, the contract will be considered not concluded. In some cases, it is necessary to use rates that were prescribed by law.
Sublease is such a mechanism in which the mentioned parameter plays a very large role. So, the size of the fee can only be changed by agreement of the parties within the time period stipulated by the contract. But this cannot be more often than once a year (unless otherwise provided by law).
The contract (sublease of non-residential premises) usually focuses on the area that is rented out. So, if apartments are rented for a certain amount for the entire area or room, then everything is different here. Usually a rate per square meter is set. Then the area is multiplied by it and the amount that needs to be paid is obtained.
What to look for when concluding a contract
We have already examined what sublease is and what features of this phenomenon exist. Now let's imagine that we want to rent a non-residential premises for a warehouse. Looking ahead, it should be said that the sublease of land does not differ from the considered example. So, initially we need to pay attention to such parameters:
- the date
- Thing.
- Place of conclusion of the contract.
- Validity.
- Details of the parties that conclude the contract.
It is very desirable that all these parameters be clearly identified and cannot be interpreted in two ways.
In order to foresee whether there will be any problems with the person making the contract, it is necessary to check the subject of the contract for availability on the sites of the local court (pay attention to claims). It is also necessary to check whether someone has a complaint to the counterparty. If there is at least something, then know - this is a problem object or subject (depends on what was found). He may dishonestly conduct business, have large debts to other organizations or people, or even declare bankruptcy proceedings. Therefore, at one fine moment, you may lose access to non-residential premises and there will be problems with the return of money already paid. Also, be sure to check whether the landlord can sublet the property (that is, if the owner of the property allowed him to do so).
Conclusion
An important point is the determination of the order, conditions, as well as the timing when payment is made. Sublease is a contract in which everything is of great importance. So, it is necessary to provide for the possibility of improving the premises, and compensation for breaking the contract.
Sublease of a land plot is carried out according to the same rules, therefore it is possible either to calculate compensation in case of construction of a building or the possibility of its dismantling and removal. But all these issues should be clearly worked out in the contracts. Therefore, if you are interested in sublease, a sample concluded between other people with the help of qualified lawyers will help to imagine what should be agreed. This opportunity is better not to miss.
And it will be optimal to resort to the services of a specialist. After all, sublease is a relationship that is regulated by more than one article of the civil code of the Russian Federation.