Premises lease agreement: sample, example of filling

Despite the economic crisis, the rental market is quite lively. Both demand and supply are growing day by day. Lease transactions are concluded between legal entities and individuals, as well as in mixed versions. When drafting a contract, you should adhere to clear rules that will protect your rights and not challenge a transaction by one of the parties.

Legal basis

The basic rules for a sample of the contract for the lease of premises are regulated by the Civil Code, in particular chapters 34 and 35. The first part of Chapter 34 fixes general rules that apply to all types of leases.

Most of the information in the Code is dispositive. In practice, the parties to the transaction have the right to determine the form and principles of their relations independently. Norms of legislation are applied in the event that the parties did not stipulate the rules of conduct in a particular situation. Imperative character is given to the norms concerning the protection of the legal rights of both parties to the transaction and third parties. This approach of the legislator allows you to balance the legal lease relations and in no way contradicts the principles of freedom of transactions.

A sample of the contract for renting a premise presupposes the binding of the transaction in ordinary written form, unless otherwise stipulated at the level of normative acts.

Form of contract

On a mandatory basis, a transaction between enterprises is concluded in writing. If the sample of the lease of a dwelling premise assumes that the parties are physical persons, the transaction amount should not exceed 100 thousand rubles. If at least one legal entity participates in the transaction, the lease must also be made on paper.

Preamble

As a rule, this part of the contract is paid the least attention, but in vain. The discrepancy between the data specified in the contract and the actual data may lead to the recognition of the transaction as invalid.

In the sample of the lease agreement of non-residential premises of the apartment the following information is prescribed:

• Full name of the contract, its number and place of compilation, date;
• Full information about the parties between which the contract is concluded.

If it is a question of concluding a transaction between enterprises, the preamble should contain the full name and legal form of each party, the name of the person signing the document and the title of the document authorizing the signature (Charter or Power of Attorney) should be indicated.

In case of an agreement between private persons it is necessary to indicate the name, passport data. If the IP participates in the transaction, it is required to enter its registration data, the tax code.

Subject of the contract

In the sample of the contract of rent of a room it is shown that in the course of the transaction the complete information on the property to be transferred with its description must be recorded. In particular, the location of the object, its area, the number of rooms and so on should be indicated. It is obligatory to enter into the contract information on the existence of encumbrances or arrests on property.

It should be remembered that the right to leasing is not only the owner of the real estate object. The current legislation does not prohibit the conclusion of transactions for those who have not issued their ownership. The owner of the property has the right to entrust the procedure for signing the contract and renting out the premises to a third party.

If there is no information in the contract regarding the description of the property, the latter can not be identified, and the transaction can be declared invalid.

Price and conditions of its increase

A sample of the lease of a dwelling, as well as of a non-residential one, contains information on the cost and conditions for 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 payment will be subject to the value that is applicable to similar real estate. But this situation usually does not suit the parties to the contract, and the price is fixed in a firm amount. Payment for a rental transaction can be made in other ways. For example, in the account:

• Share of certain revenues;
• Improvement of the lease by the tenant;
• Services on the part of the tenant.

In the sample of the lease contract for non-residential premises, information about cases of changes in the amount of rent is often given as an example. As a general rule, the rental price should not be changed more than once a year. Although you can find the wording that the rent varies monthly or quarterly, depending on the change in the inflation rate. In this case, it is recommended that tenants, at the time of signing the agreement, limit, within certain limits, a possible increase in the price.

It is recommended to describe in the contract and the procedure for reducing the rental rate, if the conditions for the use of real estate have changed significantly, the qualitative characteristics of the non-residential premises have deteriorated, and not through the fault of the lessee.

Contract time

A sample of the lease contract for a space between individuals and enterprises contains information about the period of its validity. In the absence of such information, the contract will be deemed to be 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, having warned the other one 1 month before the expected date of termination of the transaction, unless other conditions are stipulated in the text of the document.

If the contract specifies a longer period than stipulated by the legislation, such a transaction will be considered concluded for the period specified in the normative act.

Duties of the parties

Any agreement is mutual rights and obligations, which are confirmed in writing.

Obligations of the lessor

The owner of the property (or his authorized person) is obliged to provide the object of lease in the terms stipulated in the contract. The condition of the property and its purpose must comply with the terms of the contract.

Usually all the technical part and description of the property, prescribed in the sample of the lease agreement of the premises between legal entities and physical entities, are completely duplicated in the act of acceptance and transfer, where the parties confirm that they have no claims to each other and the estate.

The Lessor is responsible for any possible shortcomings that the transferred property has, which the tenant did not know and could not know, but revealed them in the course of operation. In this case, the lessee has the right to demand the termination of the contract or the elimination of all discovered shortcomings, in proportion to the reduction of the rent.

If the specific shortcomings of the non-residential premises were stipulated in the contract, then the lessee is not entitled to demand the elimination of such deficiencies at the expense of the lessor.

Obligations of the Lessee

The most basic duty of the user of real estate is timely payment for rent and observance of all rules of operation of non-residential premises and contract terms. For example, if the premises have a designated purpose (office), then the tenant has no right to reside there.

As a rule, in the sample of the lease contract for a dwelling with an individual, the enterprise indicates information that the tenant is obliged to take part in all expenses related to the operation of the lease object, from payment for gas to current repairs. The amount and procedure for the reimbursement of utilities are determined by the parties in a contractual arrangement.

By default, subletting must be agreed with the owner of the property, unless other conditions are explicitly fixed in the contract. The lease of real estate by a lessee to a third party does not remove from the first obligation for the preservation of the object.

The dispositive rule refers to the provision that both parties to the lease have obligations to perform current and capital repairs. The parties have the right to finish 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 expiration of the term or early, on other grounds.

A number of provisions stipulated in the termination clause in the sample of the lease agreement of the premises enable the lessor to apply to the court for the purpose of protecting his rights if:

• The qualitative characteristics of the leased property have changed significantly;
• Tenant more than 2 times in a row did not pay a fee for using the room;
• Tenant violates the agreement on the use of the object of lease;
• The tenant has an obligation to carry out major repairs, but he never did it.

In the sample of the lease agreement for non-residential premises, the termination of the transaction can be made early by the lessee if:

• Accepted property is unfit for use for reasons beyond the control of the lessee's actions or inaction;
• There is a refusal from the obligation to carry out major repairs by the lessor, if it is assigned to the owner of the premises by the terms of the contract;
• If the landlord creates barriers to the use of the object of lease, refuses to transfer it;
• The property was transferred with defects, which the tenant could not have known at the time of acceptance.

Termination Procedure

Not in all situations, the lessor or lessee acts in one person. For example, if we are talking about a sample of the contract for renting a room between legal entities, it is unlikely that the director of the enterprise that signed the contract is paying for the payment. The accountant can also forget or for some reason not pay. For such cases, the Civil Code provides for a preliminary notification of the parties that one of them will fulfill its obligations within the agreed period. After the transfer of such notice, if the other party has not taken any action and has not tried to fulfill its obligations, the second party can already send a notice of termination of the lease.

In case of early termination it is recommended to sign an agreement. Best of all, about such a document was the information in the sample of the lease of non-residential premises. Termination of such document is not regulated by the current legislation, but must have a number of mandatory details:

• Date of drawing up, place;
• Full description of the details of the parties with reference to the current lease;
• Grounds that enable early termination of the contract;
• Information that after signing the agreement the parties do not have or have claims to each other.

An acceptance certificate must be drawn up to the agreement.

Free of charge use

There is such a form of relations as gratuitous transfer of property . At the legislative level, such an agreement is called a loan agreement or gratuitous use. In the sample of the contract for renting premises without rent, the lessor acts as a lender, and the user is the borrower.

If it is a question of transferring the lease of social housing, the Housing Code does not prohibit such a transaction on a gratuitous basis, but with mandatory notification to local authorities, that is, in fact the owner of such housing. The main thing is that the lender is obliged to notify the local government, but not to obtain consent from them. Limitation can only be a violation of the accounting standard of living space for 1 person. In each city this is the norm. For example, in Belgorod - is 15 square meters. M., And in Moscow - 10 square meters. M.

It should be noted that if the lease deal hides an ordinary lease contract, then it is not possible to collect rent, even in court.