Lease agreement for non-residential premises: a sample and a form of filling. Agreement on termination of the lease agreement for non-residential premises

In legal relations with the participation of legal entities are regularly concluded contracts for the lease of non-residential premises - offices, production workshops. In principle, the physical persons act as parties to these agreements quite often. 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 formulations should include the lease of non-residential premises. In accordance with the common practice of building legal relationships between enterprises (as the main subjects for concluding agreements in question), the agreement in question should contain sections:

- with the names of the parties;

- with the subject matter of the agreement;

- with regulations on the procedure for transferring the premises;

- with the rights, obligations of participants in the transaction;

- with the formulations defining the term of the contract, the procedure for resolving disputes, extending the contract;

- with the requisites.

Concerning the name of the parties, the names of subjects of legal relations are fixed in accordance with their charters, as well as the name and surname. Representatives of these organizations and their positions.

The lease contract for non-residential premises in terms of object reflection should include information about the real estate object - its address, area, cadastral number, data on title documents.

The procedure for transferring the property is recommended to be carried out according to the act. Or, on the basis of the wording in the contract for which the tenant agrees to accept non-residential premises in the condition in which it was actually submitted at the time of signing the agreement, and the landlord undertakes, in turn, to transfer the property to the counterparty within the prescribed period.

The section with the main duties assumes inclusion of formulations on entering of a rent, about repayment of accounts for services of housing and communal services, about carrying out of necessary repair. In the section on rights, it is possible to fix the provisions on which the options for subletting the object are determined, the right of the owner to periodically check the status of the 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, the resolution of disputes, are determined by agreement between the parties to the transaction.

The lease of non-residential premises should also include a section with the details of the partners - for example, TIN, OGRN, bank account numbers. The legal force is attached to the relevant contract after the representatives of the lessee and the owner of the real estate object sign their copies on both copies.

In jurisprudence, it is customary to single out a special category of formulations in civil-law agreements, to which the treaty under consideration is also an essential condition. Let us consider their specifics in this context in more detail.

Essential terms of the contract

The lease of non-residential premises in accordance with the requirements of the Civil Code of the Russian Federation must include the following essential conditions:

- details of the parties - including their details;

- data on the object of lease;

- Information on how to pay for the use of real estate.

Let's consider their specifics in more detail.

Data on the parties to the contract as an essential condition of the contract: the nuances

These formulations of the contract should 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 signed not by the owner or the lessee in the course of their personal participation, the contract must include the grounds according to which the persons concluding the agreement have the power. It is obligatory to fix in the composition of information about the parties to the contract their requisites.

The object of lease as an essential condition of the contract

The lease contract for non-residential premises between legal entities must record information that allows unequivocally to establish which real estate object is transferred by the tenant to the partner. If such data is not provided in the contract, then it is considered invalid - in accordance with the norms stipulated in Art. 607 Civil Code of the Russian Federation. The main parameters of identification of the property: its address, name, inventory or cadastral number, functional characteristics, area. All of them should be included in the structure of the treaty.

Rent as an essential condition of the contract

The next important condition for signing the agreement under consideration is the amount of rent. Inclusion of information about it in the lease is required based on the rules of law set out in Art. 654 Civil Code of the Russian Federation. In addition, many enterprises are trying to formulate a standard lease contract for non-residential premises, taking into account the noted requirement, also because arbitration practice repeatedly meets precedents, according to which contracts without specifying the parameters of rent were recognized by courts as invalid.

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 defining it is customary to refer to additional conditions. But if this term is not specified in the contract, then it is considered valid for an indefinite period. These are the norms of the law, enshrined in Art. 610 Civil Code of the Russian Federation. In this case, in order to cancel the relevant agreement, an additional agreement may be required - on the dissolution of the lease of non-residential premises.

It will be useful to consider what specific real estate objects can be the subject of the contract in question.

Real estate objects as subjects of the lease agreement for non-residential premises

Under the contract in question, the owner can be transferred to the lease:

- whole rooms;

- parts of the corresponding objects.

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, the buildings include real estate, which includes both residential and non-residential premises. In buildings, in turn, can only be of a second type in accordance with the generally accepted classification.

Let's consider now in what structure the lease contract of a non-residential premise can be presented. The form of the relevant agreement can be used corresponding to what is displayed in the picture below.

But, of course, participants in legal relations can use their own formats for concluding contracts for the lease of non-residential premises. How can the contract in question look like, in fact? An example of a contract is in the following picture.

We will study in more detail the structure of the treaty in question, which can be presented in practice.

Structure of the lease agreement

It is worth noting that the structure of the agreement in question will, in general, be the same regardless of whether the lease of non-residential premises is concluded between individuals, or the parties to the legal relationship are organizations. The main elements of the contract in this case can be:

- preamble;

- section on the subject of the agreement;

- block about rent;

- section on the rights and obligations of partners;

- section on the terms of the lease;

- block on the order of transfer of the property;

- block on responsibility of the parties;

- section on changing or terminating the agreement;

- section on force majeure;

- other conditions;

- block with the requisites of the parties.

Consider these elements of the contract in more detail.

Preamble of the lease of non-residential premises

In the preamble of the agreement, the formulations are fairly standard. If we consider one or another sample of the lease form of a non-residential premises, in the part of the element of the agreement under consideration it will say that such a landlord (with the indication of its name - if it is a company, full name and position of representative), acting On the basis of such and such a document, as well as such and such lessee - with the reflection of a similar type of information, entered into a contract. Further - the subject of the agreement follows.

Subject of the contract

In this section there may be formulations:

- that the lessor gives the partner for temporary use for a fee - unless, of course, an agreement is made for the rent of non-residential premises free of charge, a real estate object located at such and such an address in order to place such things inside it;

- that the room is located in 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 on the right of ownership.

The next section of the agreement is about rent.

Rent

Here there can be formulations:

- that the rent for the premises is paid by the lessee in cash at such a rate every month;

- that the payment for the leased object should be transferred to its owner until such a date of the month;

- that the cost of rent includes such and such utilities, and not included - such and such.

Rights and obligations of partners

A typical lease of a non-residential premises, the form of which can be used by the enterprise as a standard for such legal relations, usually establishes the following obligations for the lessor:

- to provide the premises in a condition suitable for operation;

- to ensure the free use of the relevant real estate by the lessee;

- to ensure a stable supply of the premises with the necessary utilities.

The basic rights of the lessor, prescribed in the agreements under consideration:

- get a rent from the partner on time;

- to check how the tenant uses the property.

The main duties of the lessee, prescribed in the contract:

- use the property for the intended purpose;

- maintain its functionality;

- to make lease payments on time;

- appoint persons responsible for ensuring the security of the facility;

- Before carrying out the redevelopment, repair - coordinate these initiatives with the owner of the facility.

The lessee under the relevant contracts is usually entitled to:

- use the facility as directed;

- transfer the object to sublease in case of obtaining consent from the owner of the premises;

- refuse to execute the contract in cases stipulated by its provisions;

- take advantage of the opportunity to preemptively enter into a new lease.

The next block of the agreement is about the lease term.

Term of the agreement

In this section there may be formulations:

- that the contract is concluded for a certain 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 lessee notifies the owner of the premises about it for so many days or months;

- that the contract is considered prolonged, if at the end of its term neither of the parties expresses a desire to refuse cooperation.

Transfer of premises

In this section there may be formulations:

- on confirmation of the fact of transfer of the property under a special act, which is an annex to the agreement,

- about what is recorded in this act,

- about confirmation of the fact of return of the premises - also in accordance with a separate document.

Responsibility of the parties

This section is also fairly standard. Any lease contract for non-residential premises of the Russian Federation is executed taking into account the fact that its parties bear responsibility under the current legislation of Russia. This should be stated in the agreement. In addition, the following section may contain language:

- about compensation of the party of losses of another in cases stipulated by the law;

- on payment of a penalty in accordance with the provisions of the contract.

The agreement can also include a section on its modification and termination.

Change and cancellation of the contract

Here there can be formulations:

- that the agreement is changed by agreement of the parties;

- that the contract can be terminated through arbitration in such cases.

In this section, there may also be provisions for which in such cases an agreement is made to terminate the lease of a non-residential premises. This document is also drawn up in accordance with the Civil Code of the Russian Federation, may include rights and obligations. The agreement on the termination of the lease of non-residential premises certifies the fact that the parties have no mutual claims.

Section on force majeure

In this section of the document there may be formulations:

- that the parties do not bear responsibility for the fulfillment of the terms of the contract in the event of force majeure circumstances;

- that the deadlines for the performance of obligations under the agreement are postponed in the event of force majeure circumstances;

- that a party that has fallen into a difficult situation under the action of force majeure circumstances must promptly notify a partner about it.

Other terms of contract

The contract can be supplemented by other, not classified within the limits of the sections considered above, by the conditions. In particular, it can be prescribed here that registration of the lease agreement of a non-residential premises in Rosreestr should be carried out within the timeframe established by law. In general, this procedure is not required - especially if legal relations are entered by physical persons. But even many citizens believe that registering a lease agreement for a non-residential premises in Rosreestr is a very desirable aspect of the legal relationship of the lease. Therefore, the provisions on the need for its conduct can be fixed in the contract. As a rule, before you have to lease a non-residential premises lease to Rosreestr, you need to notarize it. Relevant wording may also be present in the agreement.

Requisites of partners

The contract must also reflect the details of the partners. As we noted above, this may be TIN, OGRN, data on settlement accounts - all that is needed to identify the parties to the transaction, as well as making settlements. The resulting contract is subsequently verified by representatives of the firms that conclude it. That is, their signatures are put, as well as the seals of the corresponding organizations.