The contract of lease of uninhabited premises (download)

The lease non-residential buildings - one of the most popular contracts concluded by employers, and at the same time, one of the most complex, controversial and litigation. At the conclusion of the lease of uninhabited premises should take into account a number of conditions to avoid possible disputes between the parties. Most of the problems that arise when hiring a non-residential premises, due to the ignorance entrepreneurs regulatory and contracting "in haste". The contract of lease of uninhabited premises (download) So, under current legislation (Article 606 CC RF), under a lease (tenancy) means a contract in which the landlord (lessor) agrees to provide the lessee (tenant) the property for payment for temporary possession and use or for temporary use. In this case, all material goods (fruits, production and income) received by the lessee from the leased property in accordance with the contract, are his property. Obligatory inclusion in the text of the lease of non-residential premises (buildings and facilities) are subject to the following essential conditions: 1. Conditions on the subject of the agreement (Clause 1 st.432 CC). It should be noted that according to Art. 625 and Art. 650 of the Civil Code of the form of agreements, describes the responsibilities of a landlord to lease to their property because of the subject lease non-residential premises is not only passed the lessee for temporary possession and / or use of a building or structure, but rather the obligation of the parties of the transaction: the provision of landlord tenant property for rent and to ensure its proper use of the tenant. Not be superfluous to specify the destination of the property and its intended purpose. Make sure to to lease non-residential premises was attached product data space (explication). 2. Terms of the lease term and the rent (Art. 654 CC RF), namely, compensated contract of lease of uninhabited premises. Despite the fact that most of the possible forms of rental payment stipulated by law, many employers incorrectly treat the rule of the form of rents, assuming that the payment of utility bills exempt them from paying the landlord. As rents can specify: periodic cash payments, a percentage of revenue derived from the use of the leased building (construction), the transfer of property to the lessor the lessee's ownership or lease, the lessee performance overhaul or assigned to it in other costs related to the improvement of the leased premises ; other conditions, including a combination of several forms of rent. In any case, whatever that there was not a special form of rent must be expressed as a fixed amount paid by time or periodically - depending on the length of the lease non-residential premises. Monetary value received by the lessor benefits from the provision of property for rent, should be reflected in the lease of non-residential premises. Remember that the landlord may require periodic review of rents due to inflation, currency fluctuations and other ekokomiko-social change. Lessee, we can recommend regularly and in time to pay the rent, because in the event of disagreement regarding receipt of payments by the lessor for leased property legislation and judicial practice, as a rule, always on the side of the latter. 3. Required for one of the parties. This kind of requirements, usually related to the quality of interior spaces, complex utility and telecommunications services, advanced security facilities and the size of penalties for non-parties of their obligations. Do not forget to specify in advance the dates of major repairs and the possibility of extending the lease. Entrepreneur is to be vigilant and cautious particularly in long-term leases of large facilities for the production. Protect yourself the condition of the landlord's duty to report all third parties who have rights to leased them to the rental property. For example, those may be a bank, in which the object the right number as collateral. Remember that the landlord's duty to warn the tenant about the presence of all proprietary rights to the lease of uninhabited premises by law. The Act also provides that the repair is performed by the landlord, and current - at the expense of the tenant. In cases where the landlord of its obligations the tenant has the right (Art. 616 Civil Code): to make major repairs, provided by the contract or caused by urgent necessity, and recover from the landlord's cost of repair or credit it to the rent; require a corresponding decrease in rent; require termination of the contract rent non-residential premises and damages. One way or another overhaul - an extra headache for the tenant, so try to choose the premises for which such activities will need soon, otherwise, be ready for business interruption, or stipulate the obligation to provide the landlord at the time of repair of a similar non-residential premises. Moreover, the tenant is obliged not only to maintain the leased premises in good condition, but also to perform repairs at its own expense, ie, address the shortcomings of non-residential premises that are not associated with the replacement of the main (core) components (designs, components, parts). It is imperative that Section 2, Article. 615 of the Civil Code on the use of rented property is reflected in the text of the agreement. Typically the lease agreement of non-residential premises is prohibited: to take the leased property sublet (sublease) to transfer its rights and obligations under the lease to another person (transfer) to provide rented property for free use, to give lease rights in the collateral and make it as a contribution to the authorized capital of business partnerships and companies or share contribution to a production cooperative. Upon the expiration of the lease agreement of non-residential premises for the tenant to issue a fact return the premises gear (returnable) document, in order to avoid the requirements of landlords to pay rent and penalties for late return. However, the contract of employment of non-residential premises may be terminated prematurely (Art. 619 and Art. 620 Civil Code), for example, if the tenant is more than twice in a row after a specified contract term of payment not pay rent, there are precedents of early termination of the contract at the initiative of the lessor even in the case of single failure to make the tenant pays a fixed term agreement. It is obvious that the law stipulates, not all cases, therefore, describe possible scenarios in the lease of non-residential premises. Lease agreement (tenancy) non-residential premises (download)