In legal relations with the participation of legal entities, contracts are regularly concluded for the rental of non-residential premises - offices, production workshops. In principle, individuals are often parties to these agreements. What is the specificity of these contracts? In what structure should they be represented?
What should be reflected in the lease of non-residential premises?
Consider what wording should include the lease of non-residential premises. In accordance with the common practice of building legal relations between enterprises (as the main subjects of the conclusion of the agreements under consideration), the agreement in question should contain the following sections:
- with the names of the parties;
- with the subject of the agreement;
- with regulations on the procedure for the transfer of premises;
- with the rights and obligations of the parties to the transaction;
- with wording that determines the duration of the contract, the procedure for resolving disputes, extending the contract;
- with details.
Regarding the names of the parties - the names of the subjects of legal relations are recorded in accordance with their charters, as well as full name representatives of these organizations indicating their positions.
The lease agreement for non-residential premises with regard to the reflection of the subject should include information about the property - its address, area, cadastral number, data on title documents.
The procedure for the transfer of the property is recommended to be carried out under the act. Or, on the basis of the wording in the contract, according to which the tenant agrees to accept the non-residential premises in the condition in which it was actually presented at the time of signing the agreement, and the landlord agrees, in turn, to transfer the property to the counterparty within the prescribed period.
The section with the main responsibilities involves the inclusion of language on the payment of rent, on the repayment of bills for utilities, on the necessary repairs. In the section on rights, you can fix the provisions by which the options for leasing the object are determined, the right of the owner to periodically check the status of non-residential premises provided for use by the counterparty under the relevant contract.
Other conditions - for example, the duration of the contract, the procedure for its extension, dispute resolution, are determined by agreement between the parties to the transaction.
The lease agreement for non-residential premises should also include a section with the details of partners - for example, TIN, PSRN, bank account numbers. Legal force is attached to the relevant contract after both tenant and the owner of the property have put their signatures.
In jurisprudence it is customary to single out a special category of wording in civil law agreements, which also include the treaty in question - the essential conditions. Consider their specifics in this context in more detail.
Essential terms of the contract
The lease agreement for non-residential premises in accordance with the requirements of the Civil Code of the Russian Federation should include the following essential conditions:
- information about the parties - including their details;
- data on the rental object;
- information on the procedure for payment for the use of real estate.
Consider their specifics in more detail.
Data on the parties to the contract as its essential condition: nuances
These wording of the contract must be included in the agreement as essential conditions based on the norms of civil law - in particular, the provisions of Art. 432 and 606 of the Civil Code of the Russian Federation. If the contract is not signed by the owner or tenant in the process of their personal participation, then the contract should include the grounds under which the parties to the agreement have the authority. Be sure to record their details in the composition of the information about the parties to the contract.
The leased object as an essential condition of the contract
The lease of non-residential premises between legal entities should record information that allows you to unambiguously establish which property is being transferred by the lessee to the partner. If such data are not given in the contract, then it is considered invalid - in accordance with the norms enshrined in Art. 607 of the Civil Code of the Russian Federation. The main parameters for identifying a property: its address, name, inventory or cadastral number, functional characteristics, area. All of them should be included in the structure of the contract.
Rent as an essential condition of the contract
The next essential condition for signing the agreement in question is the amount of the rent. The inclusion of information about it in the lease is required based on the rules of law enshrined in Art. 654 of the Civil Code of the Russian Federation. In addition, many enterprises try to formulate a standard lease agreement for non-residential premises, taking into account the noted requirement, also due to the fact that in arbitration practice there are several precedents in which the courts were declared invalid by the courts without indicating rental parameters.
It is worth noting that the lease term, in turn, is not an essential condition of the agreement in question. The fact is that the wording that defines it is customary to refer to additional conditions. But if this period is not defined in the contract, then it is considered valid for an indefinite period. These are the norms of law enshrined in Art. 610 of the Civil Code of the Russian Federation. In this case, in order to cancel the relevant agreement, an additional agreement may be required - on termination of the lease of non-residential premises.
It will be useful to consider which specific real estate objects may be the subject of the contract in question.
Real estate objects as subjects of a lease agreement for non-residential premises
Under the contract in question, the following may be leased by the owner:
- whole rooms;
- parts of relevant facilities.
The classification of a particular building or structure is carried out by the competent authorities responsible for the technical inventory of real estate. Information on the relevant classification is reflected in the state register. Typically, buildings include real estate, which includes both residential and non-residential premises. In buildings, in turn, only rooms of the second type can be in accordance with the generally accepted classification.
Let us now consider in which structure a lease agreement for non-residential premises can be presented. The form of the corresponding agreement can be used corresponding to that shown in the picture below.
But, of course, participants in legal relations can use their own formats for concluding contracts for the rental of non-residential premises. What might the contract in question look like in fact? An example of a drawn up contract is in the following picture.
Let us examine in more detail the structure in which the contract in question can be represented in practice.
Lease agreement structure
It is worth noting that the structure of the agreement in question will be, on the whole, the same regardless of whether the lease agreement for non-residential premises is concluded between individuals or whether the parties to the legal relationship are organizations. The main elements of the contract in this case may be:
- preamble;
- section on the subject of the agreement;
- rent block;
- a section on the rights and obligations of partners;
- a section on rental periods;
- a block on the procedure for the transfer of the property;
- a block on the responsibility of the parties;
- a section on amending or terminating the agreement;
- a section on force majeure circumstances;
- other conditions;
- a block with the details of the parties.
Consider these elements of the contract in more detail.
Preamble to the lease of non-residential premises
In the preamble to the convention, the wording is fairly standard. If we look at one or another sample of the form of a contract for the lease of non-residential premises, then as part of the element of the agreement under consideration, it will say that such a landlord (indicating his name - if this is a company, full name and position of representative), is valid on the basis of such and such a document, as well as such and such a tenant - with a reflection of a similar type of information, they entered into an agreement. Next - the subject of the agreement.
Subject of the contract
The following wording may be present in this section:
- that the lessor provides the partner with temporary operation for a fee - unless, of course, a contract is drawn up for the rental of non-residential premises, a property located at such an address in order to place such and such things inside;
- that the room is located in such and such a building with such and such characteristics - for example, in a shopping center, and has a cadastral number such and such;
- that the property is equipped with the necessary infrastructure - water supply, electricity, communication channels;
- that the object belongs to the lessor on the basis of such a document of ownership.
The next section of the agreement is on rent.
Rent
Here may be the wording:
- that the rent for the premises is paid by the tenant in cash in such and such a monthly amount;
- that the payment for the leased property should be transferred to its owner before that date of the month;
- that such and such utilities are included in the rental price, and such and such are not included.
Rights and obligations of partners
A typical lease of non-residential premises, the form of which can be used by the enterprise as a standard for such legal relations, as a rule, establishes the following obligations for the lessor:
- provide the premises in a condition suitable for operation;
- ensure free use by the tenant of the relevant property;
- ensure a stable supply of premises with necessary utilities.
The main rights of the landlord prescribed in the agreements under consideration:
- receive from the partner on time the rent;
- check how the tenant uses the property.
The main obligations of the tenant prescribed in the contract:
- use the property for its intended purpose;
- maintain its functionality;
- make rental payments on time;
- appoint persons responsible for ensuring the safety of the facility;
- before carrying out redevelopment, repairs - to coordinate these initiatives with the owner of the object.
The tenant under the relevant agreements is usually entitled to:
- use the facility for its intended purpose;
- subletting the object in case of obtaining consent from the owner of the premises;
- refuse to fulfill the contract in cases provided for by its provisions;
- seize the opportunity to preemptively conclude a new lease.
The next block of the agreement is on the lease term.
Term of agreement
The following wording may be present in this section:
- that the contract was concluded for such a period - indicating the month and year of the beginning and end of the lease;
- that when planning to conclude a contract for a new term, the tenant notifies the owner of the premises about this for so many days or months;
- that the contract is considered extended if, at the end of its term, neither of the parties expresses a desire to refuse to cooperate.
Room transfer
The following wording may be present in this section:
- on confirmation of the fact of transfer of the property under a special act, which is an annex to the agreement,
- about what exactly is fixed in this act,
- on confirmation of the fact of the return of the premises - also in accordance with a separate document.
Responsibility of the Parties
This section is also fairly standard. Any lease of non-residential premises of the Russian Federation is executed subject to the fact that its parties are responsible under the current legislation of Russia. This should be stated in the agreement. In addition, the wording may be present in the relevant section:
- on reimbursement of the party for other losses in cases provided for by law;
- on payment of a penalty in accordance with the provisions of the contract.
The agreement may also include a section on its amendment and termination.
Modification and termination of the contract
Here may be the wording:
- that the agreement is changed by agreement of the parties;
- that the contract may be terminated through arbitration in such and such cases.
This section may also contain provisions on which, in such cases, an agreement is drawn up to terminate the lease agreement for non-residential premises. This document is also compiled in accordance with the Civil Code of the Russian Federation, may include rights and obligations. The agreement on termination of the lease of non-residential premises is confirmed by the fact that the parties have no mutual claims.
Force Majeure Section
The following wording may be present in this section of the document:
- that the parties are not responsible for the fulfillment of the terms of the contract in the event of force majeure ;
- that the deadlines for the fulfillment of obligations under the contract are postponed in the event of force majeure;
- that a party that has found itself in a difficult situation due to force majeure circumstances must promptly warn the partner about this.
Other contract terms
The contract may be supplemented by other conditions that are not classified within the framework of the sections discussed above. In particular, it may be written here that registration of the lease of non-residential premises in Rosreestr should be carried out within the time limits established by law. In general, this procedure is not required - especially if a natural person enters into a legal relationship. But even many citizens believe that registering a lease of non-residential premises in Rosreestr is a very desirable aspect of the legal relationship of leasing. Therefore, the provisions on the need for its implementation can be fixed in the contract. As a rule, before bringing the lease of non-residential premises to Rosreestr, it must be notarized. Relevant language may also be present in the agreement.
Details of partners
The contract should also reflect the details of the partners. As we noted above, this can be a TIN, PSRN, data on settlement accounts - all that is needed to identify the parties to the transaction, as well as make settlements. The drawn up contract is subsequently certified by representatives of the companies that conclude it. That is, their signatures are put, as well as the stamps of the relevant organizations.