Premises lease agreement: sample, example of filling

Despite the economic crisis, the rental marketsufficiently lively. Both demand and supply are growing every 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

Basic rules for a sample of the lease contractpremises are regulated by the Civil Code, in particular chapters 34 and 35. In the first part of Chapter 34 general rules are established that apply to all types of leases.

Most of the information prescribed in the Code,has a dispositive character. In practice, the parties to a 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 regarding the protection of the legal rights of both parties to the transaction and third parties. This approach of the legislator allows 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

A mandatory transaction between enterprisesis 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 can 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:

• the full title 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 betweenenterprises, the full title and organizational and legal form of each party should be written in the preamble, the full 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, please indicate the name, passport data. If the IP participates in the transaction, it is required to enter its registration data, tax code.

Subject of the contract

In the sample of the contract of rent of a room it is shown thatin the course of the transaction, complete information about 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 must be indicated. It is obligatory to enter into the contract information on encumbrances or arrests on property.

It should be remembered that the right to rentnot only the owner of the real estate object is endowed. The current legislation does not prohibit the conclusion of transactions for those who have not issued their ownership. The owner of the property is entitled 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 dwellingas well as uninhabited, contains the information on cost and conditions of its possible increase. However, at the legislative level, the lack of such information does not entail the recognition of the transaction as invalid. In this case, the payment will be subject to the amount 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 the lease 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 lessee.

In the sample contract for the lease of non-residential premises inAs an example, information on cases of changes in the amount of rent is often prescribed. As a general rule, the rental price should not be changed more than once a year. Although you can find the wording that the lease 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 price increase.

It is recommended to describe in the contract and orderdecrease in the rental rate, if the conditions for using the property have changed significantly, the qualitative characteristics of the non-residential premises have deteriorated, and not through the fault of the tenant.

Contract time

A model of the lease of premises betweenindividuals 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 law, then 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 objectreal estate, prescribed in the sample of the lease agreement of the premises between legal entities and physical, are completely duplicated in the act of acceptance and transfer, where the parties confirm that they have no claims to each other and the state of real estate.

The Lessor is responsible for the possiblethe shortcomings that the transferred property has, which the tenant did not know and could not know, but revealed them in the process of exploitation. 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 specified in the contract, then the lessee has no right to demand the elimination of such deficiencies at the expense of the lessor.

Obligations of the Lessee

The most basic duty of the userreal estate - timely payment for rent and compliance with all rules for the operation of non-residential premises and the terms of the contract. 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 of residentialpremises with an individual entity indicates information that the tenant undertakes to participate in all costs of operating the object of lease, from paying for gas before the current repair. The amount and procedure for reimbursement of utilities are determined by the parties in a contractual arrangement.

By default, subletting mustto agree with the owner of the property, if other conditions are not directly fixed in the contract. The lease of real estate by the lessee to a third party does not remove from the first obligation for the preservation of the object.

To the dispositive norm is the provision that,that both parties to the lease agreement have obligations for the implementation of current and major 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;
• The 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 cancellation 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 rental object, refuses to transfer it;
• the property was transferred with defects, which the tenant could not have known at the time of acceptance.

Cancellation procedure

Not in all situations a landlord or lesseeperforms in one person. For example, if we are talking about a sample of the lease of a premise between legal entities, it is unlikely that the director of the enterprise that signed the contract watches for 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 has fulfilled its obligations within the agreed time. After the transfer of such notice, if the other party has not taken any action and attempted to fulfill its obligations, the second party may already send a notice of termination of the lease.

In case of early termination it is recommendedsign the corresponding agreement. It is best that such a document be provided with information in the sample of the non-residential premises lease contract. The termination under such document is not regulated by the current legislation, but must have a number of mandatory requisites:

• 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 relationship asgratuitous 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 a socialhousing, the Housing Code does not prohibit such a transaction on a gratuitous basis, but with mandatory notification to local governments, 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 - this is 15 square meters. m., and in Moscow - 10 square meters. m.

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