How to conclude a lease agreement correctly




How to conclude a lease agreement correctlyUseful advice when entering into a lease of premises.

Often, in order to save money businessmen prefer to rent a room or office for rent, than to acquire and even more to build a new object. And here, the suitable room found, agreed all the conditions with the owner of the premises. Now there is one thing-to issue documents on renting premises.

The task of the entrepreneur is to correctly and correctly compile all documentation. This is especially true for small firms in small businesses, where in most cases the main costs are renting a room. Often, due to the entrepreneur's lack of experience in concluding such contracts, the lease of premises is not quite advantageous conditions.

The main issues that arise when concluding this agreement are: – How to make a contract? -What documents should be applied to the lease agreement? -what rights and obligations does the landlord and the tenant have? -What is the responsibility of each party, etc.




This article proposes to consider the most important details to consider when making a rental contract.

1) The law. Before concluding the agreement, we recommend to familiarize with chapter 34 of the Civil Code of the Russian Federation, which contains the basic provisions of lease relations in Russia.
Also before concluding the contract it is necessary to check:

  • Ownership of the premises;
  • Purpose of use of premises;
  • Whether the premises are under arrest, pledge or lease from third parties;
  • Is there a decision to put the premises into operation after construction or reconstruction.

2) Lease term. One of the important components of the contract is the lease term. It is necessary to take into account that at the conclusion of the contract for a long time – more than one year, the lease contract is subject to registration in a single state register of rights. This procedure requires additional expenses of time and money. There are several possible ways to circumvent the registration of a contract in a single register: – Conclusion of a lease agreement for a period of up to 1 year. At the end of the contract period, a new contract is drawn up and no structure will be fought.  However, this method has its drawback: the landlord may not sign a new contract with you, for example, if he finds another more profitable tenant and you have no right to prevent this action (art. 621 cc).
– Conclusion of the contract for an indefinite period.  This option also eliminates the need to register a contract, as the period of validity of the agreement is not specified. This option also has its drawback-either party can terminate the lease agreement at will notifying the other party three months before the termination of the contract.
-Conclusion of the contract "before the event", for example before the reconstruction of the premises. That is, the parties to the contract determine before the occurrence of what event the contract will operate. In this case, the landlord must clearly indicate the occurrence of which event the contract will be terminated. Termination of the contract by the lessor for other reasons will not be lawful.

3) Rental fee. An important condition of the contract is rent. The contract must specify the amount of rent, otherwise the transaction can be considered not valid. Under the lease agreement is not provided for free use of foreign property, for this case there is another type of contracts-gratuitous use agreement.
The rent method is determined by the landlord. At its discretion, he can choose several legal ways of renting payments. It can be a fixed amount, repayment of rent to the expense of repair, for use of services of the lessee etc. It is possible to change conditions and mechanism of payment of rent not more often than once a year, unless otherwise provided by the lease agreement (art. 614 cc). On the other hand, the lessee may require a reduction in the cost of rent, for example because of a deterioration in the condition of the premises or property.
At the conclusion of the lease agreement it is necessary to specify in the contract terms of payment of utility bills, cleaning of premises, security, communication services, etc.  The landlord often tries to impose additional charges on the tenant after the contract is concluded. To ensure that this does not happen – solve the issue in advance, in a contractual form.

Payment for rent is usually made monthly both in cash and in cashless form. In case of payment of the lease by cash payment, require the landlord to confirm the payment of the lease in writing. Not timely payment of lease payments (more than 2 times in a row) may be the basis of early termination of the lease agreement (art. 619 cc).

4) Repair and reconstruction. The lessee may, in agreement with the landlord, make improvements to the rented premises. The contract should prescribe which of the parties is obliged to carry out repairs and at whose expense. If the repair will be carried out by the lessee, the cost of repair is desirable to include in the rent account. By default, the landlord carries out major repairs to the premises. But support of the object of lease in a normal condition-the responsibility of the tenant.

5) Registration of the contract. All key terms of renting premises must be written on "paper", i.e. in the contract and no verbal agreements. The contract is necessarily concluded in writing at least in two copies, one for the landlord and the lessee. ()

Failure to comply with the legal form of the drafting of a treaty may mean it is not a reality. At transfer of the object of lease the act of acceptance-transfer on form FA-1 is issued. In the act of acceptance-transfer is specified all that is accepted for rent together with a premise, that is a list of equipment, counters, furniture, tables, chairs, etc. This is done in order to avoid future conflicts when renting the object back. At the moment of return of the leased property The Act of disposal on the form FA-4 is drawn up.





Useful advice when entering into a lease of premises.

Often, in order to save money businessmen prefer to rent a room or office for rent, than to acquire and even more to build a new object. And here, the suitable room found, agreed all the conditions with the owner of the premises. Now there is one thing-to issue documents on renting premises.

The task of the entrepreneur is to correctly and correctly compile all documentation. This is especially true for small firms in small businesses, where in most cases the main costs are renting a room. Often, due to the entrepreneur's lack of experience in concluding such contracts, the lease of premises is not quite advantageous conditions.

The main issues that arise when concluding this agreement are: – How to make a contract? -What documents should be applied to the lease agreement? -what rights and obligations does the landlord and the tenant have? -What is the responsibility of each party, etc.

This article proposes to consider the most important details to consider when making a rental contract.

1) The law. Before concluding the agreement, we recommend to familiarize with chapter 34 of the Civil Code of the Russian Federation, which contains the basic provisions of lease relations in Russia.
Also before concluding the contract it is necessary to check:

  • Ownership of the premises;
  • Purpose of use of premises;
  • Whether the premises are under arrest, pledge or lease from third parties;
  • Is there a decision to put the premises into operation after construction or reconstruction.

2) Lease term. One of the important components of the contract is the lease term. It is necessary to take into account that at the conclusion of the contract for a long time – more than one year, the lease contract is subject to registration in a single state register of rights. This procedure requires additional expenses of time and money. There are several possible ways to circumvent the registration of a contract in a single register: – Conclusion of a lease agreement for a period of up to 1 year. At the end of the contract period, a new contract is drawn up and no structure will be fought.  However, this method has its drawback: the landlord may not sign a new contract with you, for example, if he finds another more profitable tenant and you have no right to prevent this action (art. 621 cc).
– Conclusion of the contract for an indefinite period.  This option also eliminates the need to register a contract, as the period of validity of the agreement is not specified. This option also has its drawback-either party can terminate the lease agreement at will notifying the other party three months before the termination of the contract.
-Conclusion of the contract "before the event", for example before the reconstruction of the premises. That is, the parties to the contract determine before the occurrence of what event the contract will operate. In this case, the landlord must clearly indicate the occurrence of which event the contract will be terminated. Termination of the contract by the lessor for other reasons will not be lawful.

3) Rental fee. An important condition of the contract is rent. The contract must specify the amount of rent, otherwise the transaction can be considered not valid. Under the lease agreement is not provided for free use of foreign property, for this case there is another type of contracts-gratuitous use agreement.
The rent method is determined by the landlord. At its discretion, he can choose several legal ways of renting payments. It can be a fixed amount, repayment of rent to the expense of repair, for use of services of the lessee etc. It is possible to change conditions and mechanism of payment of rent not more often than once a year, unless otherwise provided by the lease agreement (art. 614 cc). On the other hand, the lessee may require a reduction in the cost of rent, for example because of a deterioration in the condition of the premises or property.
At the conclusion of the lease agreement it is necessary to specify in the contract terms of payment of utility bills, cleaning of premises, security, communication services, etc.  The landlord often tries to impose additional charges on the tenant after the contract is concluded. To ensure that this does not happen – solve the issue in advance, in a contractual form.

Payment for rent is usually made monthly both in cash and in cashless form. In case of payment of the lease by cash payment, require the landlord to confirm the payment of the lease in writing. Not timely payment of lease payments (more than 2 times in a row) may be the basis of early termination of the lease agreement (art. 619 cc).

4) Repair and reconstruction. The lessee may, in agreement with the landlord, make improvements to the rented premises. The contract should prescribe which of the parties is obliged to carry out repairs and at whose expense. If the repair will be carried out by the lessee, the cost of repair is desirable to include in the rent account. By default, the landlord carries out major repairs to the premises. But support of the object of lease in a normal condition-the responsibility of the tenant.

5) Registration of the contract. All key terms of renting premises must be written on "paper", i.e. in the contract and no verbal agreements. The contract is necessarily concluded in writing at least in two copies, one for the landlord and the lessee. ()

Failure to comply with the legal form of the drafting of a treaty may mean it is not a reality. At transfer of the object of lease the act of acceptance-transfer on form FA-1 is issued. In the act of acceptance-transfer is specified all that is accepted for rent together with a premise, that is a list of equipment, counters, furniture, tables, chairs, etc. This is done in order to avoid future conflicts when renting the object back. At the moment of return of the leased property The Act of disposal on the form FA-4 is drawn up.






Идеей поделились 649 человек. Расскажи и ты друзьям: