How to properly rent commercial real estate and avoid possible risks? Building hours. Photos differ from the actual state of affairs

Are you planning to rent your first apartment? Congratulations on your first step towards independent living! Renting an apartment is not as easy as it may seem. When concluding a contract with your landlord, it is worth considering many important details in order to enjoy life in your new home calmly and without unnecessary hassle and financial losses.

Our advice will also be useful to those who have already got into trouble when renting an apartment and would like to avoid trouble in the future.

Features of the lease agreement

Tenants should especially note the following points in the contract:

term of the contract;

methods, amount and terms of payment;

conditions for payment of utility bills, electricity and telephone conversations;

an inventory of the property located in the apartment and its condition;

natural wear and tear of the interior and items in the apartment.

When the owner is alone at the premises, this is quite convenient, it is he who will sign the lease agreement, and this procedure can be performed by his authorized representative (in this case, his authority is notarized). The situation becomes more complicated if there are several owners - it is possible to rent out such an apartment only when everyone who has the right to share the property agrees to it, therefore it is simply impossible to rent out a dwelling without the consent of other owners. Ideally, the contract should be certified by the signature of each owner or his official representative (let's say that one of the owners - minor child, in which case the parent will act on his behalf). But if one of them cannot be personally present at the signing of the contract, the one who rents out the apartment can take a notarized power of attorney in his name from him. He can also present the consent of all other owners, which must also be notarized.

What to do if the landlord cannot present all necessary documents? In this situation, it is best to refuse to deal with him and look for another apartment. Keep in mind: an agreement that does not comply with the law may be invalidated, and problems will arise for the tenant.

And one more thing that we often forget about: do not forget to think over your actions in advance, immediately decide what will be indicated in the contract, and before putting your signature, be sure to read what you are signing.

Check the owner and documents for the apartment

The most important thing that inexperienced tenants often forget about is checking the landlord. Ask the owner to show you your passport, it is better if it is an original, not a photocopy. Check every page, any mark not required by law will invalidate the passport.

Check the certificate of ownership. This is the main document that confirms the ownership of real estate. Until 2000, a certificate of ownership of a dwelling was issued, and from October 1, 2013, instead of a certificate of state registration of rights, an extract from the Unified state register rights (EGRP).

Do not forget about title documents and other little things

Together with a certificate of registration of ownership and an extract from the USRR, ask the seller to show the title documents for the apartment, that is, the documents by which the seller acquired the ownership of the apartment.

There are several types of such documents: a certificate of ownership, a donation agreement, a sale and purchase agreement, a certificate of inheritance, a certificate of privatization. If the apartment belongs to a housing construction cooperative (HBC), ask the seller for a certificate of the paid share.

Do not confuse these documents with various certificates of legal registration, on entering into the register of owners issued by the BTI, local committees for property management and property funds, other local governments. They cannot replace a certificate of ownership and an extract from the USRR.

Be sure to check all documents provided to you for corrections, including the date and registration number. Stamps and signatures must be legible.

In addition to obvious things (the duration of the contract, the amount of rent, etc.), it makes sense to indicate, for example, the time at which the landlord can visit the apartment, and also during what period he must warn the tenant about this. In addition, it is always useful, along with the contract, to draw up an act of acceptance and transfer of property indicating defects, so that the landlord does not make you responsible for a broken TV, doors that have fallen off on an old wall or squashed, damaged long before you appear in this apartment.

Utilities and pets

If, according to the contract, you pay for utilities, be sure to get yourself a separate folder for all checks and receipts - it can come in handy in case of a conflict. It is highly not recommended to start a pet without the consent of the landlord, some landlords are very negative about cats and, even more so, dogs in their living space. In some cases, this may even be a separate clause of the agreement, but, in principle, it is possible to agree quite normally in words, if you approach the issue correctly.

Receipt for payment

In addition, experts recommend that when paying rent, take a receipt from the owner of the apartment for receiving money, so that in the event of a conflict, you can provide evidence that there were no violations on your part and you were not left in debt. The receipt must indicate the period for which the payment is made, as well as the amount that you transferred to the tenant. This document must be signed not only by you, but also by the owner of the rented apartment.

Repair and damage to property

There is such a thing - the natural wear and tear of the apartment. You are not amorphous creatures moving through the air. If someone lives in an apartment, inevitable processes of obsolescence, wear, erasure, etc. take place. However, rent is income with risks and costs embedded in it. Therefore, you have to pay for damaged property, but not for natural wear and tear, unless it is specifically stipulated in the contract.

Do not be embarrassed and discuss such points separately. In most cases, you can not prescribe them in the contract. At least do this so that you don't have to do major repairs later or reimburse the cost of those things that were broken or broken before moving in. As we have already mentioned, it is best to draw up an act of acceptance and transfer, which describes the apartment and its condition, and indicate valuable items and equipment specifically in order to avoid any possible misunderstandings about this.

Accommodation of third parties

Sometimes it happens that the landlord is extremely negative about the fact that other people suddenly appear on the rented living space, even if it is a friend who suddenly arrived on a business trip or a girl / guy who really liked. On the other hand, it also happens that the owner of the apartment himself suddenly, in an ultimatum form, may demand that the tenant agree to tolerate some relative or friend of the owner of the apartment for a night or two. It is clear that not everyone will like such attacks, so just in case, this can also be written in advance in the contract.

Landlord visits

It is necessary to discuss the issue of possible visits in the contract. This will help resolve issues with verification. The usual practice is as follows: the landlord visits the apartment once a month, coming for rent, having warned the tenant in advance by phone about his visit.

Someone treats the rented apartment as a means of earning money, and someone is too reverent and fearful and therefore decides that they have the right to visit it at any time and control the life of the tenant. By law, he hires full right require the landlord not to come without warning, and even more so when there is no one in the apartment.

Suppose you would like the landlord to visit the apartment no more than once a month, and he must notify about this by phone and no later than three days before the date of the visit. Indicate this in the contract, and if the landlord unexpectedly comes to you, you can remind him that there is a corresponding clause in the contract and that he is obliged to comply with it.

How to terminate the contract

Sooner or later with rented apartment will have to move out. How to terminate the contract? The easiest option is to leave the housing after its expiration date, when the tenant is obliged to vacate the living space he occupies by the time specified in the document.

If we are talking about early termination, then options are possible here. For example, if the initiator early termination If the owner is acting, then it can be specified in the contract that in these circumstances he must at least partially reimburse the tenant for the amount spent by him on finding housing.

If the money was paid up front, the landlord will have to return it to the tenant. If the tenant himself wishes to terminate the contract ahead of schedule, then the deposit, of course, will remain with the owner of the premises.

How to rent and choose commercial premises for business. Advice is given by Golovkevich Vladimir Pavlovich, head of the company's marketing department NewLifegroup

As you know, the choice of a commercial facility for rent largely depends on the efficiency, business development, attitude of customers and office staff. And no one knows better about the features of commercial real estate than the owner himself. Therefore, Vladimir Pavlovich Golovkevich, head of the marketing department at New Life Group, was invited to explain some of the intricacies of choosing a commercial premises.

Vladimir Pavlovich, where should you start choosing commercial real estate, for example, if the entrepreneur does not have extensive experience in this matter?

First of all, decide on the main issue, namely, the choice of the type of real estate that the business needs. It could be an office commercial premises, warehouse, universal premises are popular. Many entrepreneurs are converting residential apartments, but such a question is not always effective, moreover, it requires significant financial and time costs, on average, it will take about a year to re-equip, re-register an apartment.

Search commercial real estate You can do it yourself or with a realtor. However, in cooperation with a realtor, you will have to spend some financial resources to pay for his services, this is a certain percentage of the transaction. It is less convenient and practical, but cheaper to search for free commercial real estate on your own, or by connecting friends. This option is also quite real, it is important to correctly determine the pricing policy of the real estate market in a particular district, area.

- Will the location of the office, retail outlet affect business promotion?

Undoubtedly! The object must be located in a place with high pedestrian and vehicle traffic. That is why business centers are very popular, besides, they assume a narrow specialization, which is convenient for the client. It is highly recommended to have a parking place near the object, convenient access, parking security is desirable. If you choose production workshops where customers rarely appear, you can consider areas remote from the center, but take into account the convenience of travel for employees, so having a metro station in the immediate vicinity would be a good solution.

- The location and equipment of the office itself, it seems, is also not a recent issue.

Indeed, the layout of the office and the view from the window determine the convenience of employees, customers, the ability to control the work for the manager. When choosing a room, I recommend being guided by the staff, the direction of activity. For example, if frequent visits to the office by customers are not expected, it is worth choosing projects that are close to a square, they allow you to place a lot of equipment and employees in a small area. The number of cabinets is not critical, it can be one room, modern mobile partitions will help you easily divide it into sections. If frequent visits to clients are foreseen, you can choose an office with a corridor, it allows you to equip the client meeting area, divide the rooms depending on the activity.

Any office must have telephony, the Internet, preferably fiber-optic communication, without such amenities, modern business is simply impossible. Engineering networks should be located so as to provide access to the connection to any employee, preferably without extension cords, adapters that worsen the appearance, fire safety. Not the least important issue is the renovation of the office. If the repair has not yet been carried out, it is important to clarify who will perform it, pay, what are the deadlines for completing the work.

Pay attention to the height of the ceilings, the quality of the air in the room depends on it. indoors, the presence of air conditioning. In some cases, the owners independently install central air conditioning, ventilation; when installing local air conditioners, they often rely on tenants, but options are also possible here. Maintenance of air conditioners is often imposed on the tenant, or can be divided between the tenant and the owner. Appearance, the well-groomed yard will be of considerable importance to the client.

- What questions should be sharpened when considering pricing policy?

Another important point: negotiate with the owner the obligations of the parties and the distribution of costs in the elimination of various breakdowns, payment for security services and systems, telephony, the Internet. A positive aspect is the provision of discounts by the owner for long-term cooperation.

-Vladimir Pavlovich, what would you like to advise entrepreneurs who choose premises for rent?

Consider the factor that commercial real estate is becoming one of the fundamental factors in business and its development. Therefore, be sure to take a responsible approach to choosing an office, do not hesitate to ask even rather sensitive questions. One point not cleared up today can result in a series of serious problems tomorrow.

What you need to know when concluding an office lease agreement

Any company in one way or another in its economic activity faced with the problem of finding and arranging an office. For many start-up companies, the cost of renting an office is the largest of the current expenses, and therefore, the very question of the company's survival often depends on how well the transaction is carried out and all the nuances are taken into account.

Many small firms, financially constrained and unable to pay for the services of intermediaries, start looking for an office in the following way:
1. determine the boundaries of the area where they would like to rent an office;
2. compile a list of enterprises and organizations within the selected territory that potentially have premises suitable for office (for example, research institutes, educational establishments, first floors of residential buildings, etc.);
3. agree with the heads of these organizations on a meeting for possible cooperation.

Such a scheme for finding premises for an office is quite effective, but it also has a lot of pitfalls. First of all, inexperienced entrepreneurs, having signed, at first glance, an attractive contract, after a while learn about the need for separate payment for security services, telephone connection, utility bills and much more.

So the first thing to understand is that the cost of renting an office may or may not include a lot of details: VAT, Internet access fees, subscription fees for telephone lines, utility bills, fees for building security, cleaning the territory, parking, and even using corridors and elevators.

Sometimes the landlord may apply internal coefficients for some services, and you will suddenly find that the cost of Internet access, for example, is 3 times higher than the average for the city. Therefore, having received the initial figure, do not rush to rejoice, and only after finding out all the components of the rent to the smallest detail, make a decision to conclude an agreement.

When signing the rental agreement, be sure to specify the available and permitted power supply. This is especially important if your activity is related to work on computers: at some stage, a situation may arise when expanding the fleet of computers becomes simply impossible.

It is equally important to reflect in the lease the state of the office at the time of delivery. There have been many cases when the new "owner" of the office faced the need to repair a leaking roof or broken pipes at his own expense, simply because he had not specified this point separately at the time. An act characterizing the state of the office can be drawn up in free form, but must be signed by at least two witnesses. Ideally, among other things, the contract should specify the administrative and economic responsibility of each party, up to the one who changes the light bulbs in the toilet.

If your rented office needs renovation, by all means strive to include the cost of finishing it in the rent. At the same time, it is desirable that these expenses be offset as quickly as possible and not stretched over time.
One of the key points for the landlord is the question of whether the rent can be unilaterally raised.

And, of course, the lease agreement should describe the procedure for terminating it in as much detail as possible. It is advisable to consider all possible options and the procedure for each of them. Be clear about how long you have to give the owner notice to terminate the contract, and whether you will be refunded the amount of the prepayment if you decide to leave early.

And two more key points.

First, if possible, never enter into a sublease agreement. Well, if you do sign, be sure to certify it with the direct owner of the area and a notary.

And secondly, when renting a room on the ground floor of residential buildings (that is, one that was transferred from the housing stock to non-residential), be sure to pay attention to the presence of a mark on the profile of the use of the premises. If the premises were transferred from the housing stock to non-residential for a pharmacy, and you rent it for a restaurant, for example, then you are guaranteed problems with your neighbors.

Renting out real estate is a very profitable business, if you treat the procedure with maximum responsibility. Constant passive income always pleasant, but what if the idea to rent out commercial real estate came up? This will require a slightly different approach, because there are a big difference between renting an apartment and a large office.

Step-by-step instruction

The process of renting out an object is divided into the following stages:

1. Determination of rental value.

The first step is to review and evaluate the largest number available offers on the market. The larger the sample, the better the result (a more accurate indicator of the average cost of rent for commercial premises).

During the analysis, you can use popular sites like Avito or CYAN. Information can also be found in various printed publications. In the absence of a desire to engage in the study of other offers personally, it would be reasonable to hire a realtor or broker.

The price for such services can hardly be called high, and it is quite possible to save a decent share of nerve cells and time.

The cost of renting commercial real estate should suit not only the owner, but also potential customers. A deliberately high rate is unlikely to be successful, but the following factors can affect the formation of the price tag:

• location of the building / premises;
• infrastructure (presence in the immediate vicinity of a cafe, free parking, building security);
• building class;
• quality and level of repair;
• layout functionality;
• various features of communications (uninterrupted power supply, Internet, availability of bathrooms, etc.);
• other bonuses that can potentially improve the productivity of tenants (Wi-Fi router, coffee machine, comfortable furniture).

After analyzing the prices on the market, you can contact other landlords and try to reset the cost. Often, the price indicated in the offers is indicative and approximate. The value indicator that can be achieved during the negotiations will be enough to find out the average rental rate for similar proposals. 5-10 calls are enough to get comparative data on the rental rate.

The most important thing for a commercial property lessor is to find the right client. You can do it yourself, or you can hire a realtor. Both situations have their pros and cons, so choosing what to do is a personal matter for everyone.

At independent search tenant a serious advantage is the presence of its own base. However, its absence will not cause big problems, but you will have to spend more strength.

in a good way to find the right client is to create a website with a commercial offer. It is better to promote such a site with the help of contextual advertising with an emphasis on key audiences. Thanks to such advertising, you can easily find an interested audience and avoid high commissions to agencies.

It is most expedient to do this when renting premises with an impressive area. Such offers are sought by clients who rely on high profitability from the planned activity, and most of all they trust websites.

If a person wants to buy a very expensive car, will he look for it on dubious resources or will he prefer the official website? So the tenant of commercial real estate is of the same opinion.

A completely different matter is small premises for rent. There is no point in creating a website here and free online classifieds (even small ones) are perfect.

1. Realtor services.

If you do not want to engage in the search for interested parties on your own, there is an option to hire a realtor. This person will independently find the right tenants, make contacts and even independently conclude the necessary lease agreement.

On the other hand, search the right people- It's a delicate and rather complicated / time-consuming task. Not all realtors will agree to this, and masters of their craft in serious agencies will require a sum of money in the amount of 50% of the rental price for 1 month for such services. And sometimes even more than that.

But still, with a similar method of finding tenants, the owner will free himself from significant difficulties. As a result, the matter will remain only with the drafting of the contract and the preparation of all necessary documentation.

Payment for the services of a realtor is carried out only after the conclusion of the lease agreement. If a realtor or agency requires you to make an advance payment or pay the amount earlier, they may be scammers.

1. Required documentation.

After the tenant is found and all the key points are satisfied by both parties, you can proceed to the execution of the contract. The contract for the lease of commercial real estate must contain the following items:

• complete information about each of the parties;
• the exact address rental object;
• amount and payer of utility services;
• monthly rent;
• date when the object will be leased;
• necessary actions of each party in case of force majeure situations;
• a description of the quality of the repair and the furniture located;
• key conditions under which you can terminate the lease.

If you lack the necessary knowledge or experience, it would be wiser to involve a qualified lawyer in the procedure for concluding an agreement.

The contract is not the only thing that will be needed when renting out real estate. You should also have with you:

• passport of a citizen of the Russian Federation;
• proof of ownership document;
• floor plan.

When all the documents are in hand, and the parties successfully conclude the contract, all that remains is to receive the proceeds and monitor the frequency of payments.

Commercial real estate includes office buildings, industrial premises, sports facilities, shops, garages, warehouses and even hotels.

You can speed up the delivery of commercial real estate by reducing the rental rate. Taking into account the constant costs of maintaining the premises, it will be more correct to rent out real estate at an average or even low rate than to put up high price, but on whole year.

Also, the price of such premises is affected by the presence of:

• parking;
• points Catering(in the same building or in close proximity);
• infrastructure;
• high traffic, etc.

In such circumstances, the rent can be significantly higher than the market average. And, of course, there will be a client for it.

Openness to the wishes of future customers also plays a significant role in the delivery of commercial real estate:

1. Help with planning.

A prospective tenant may need help or advice on workplace layouts. It would be wise to prepare in advance and offer several ready-made options right away, and the key changes will remain with the client, which he wants to make.

It is much easier to change what you already have than to create something from scratch. Such an attitude towards the tenant will undoubtedly be appreciated.

1. Discussion of details.

The color of the walls in the room, the number of maximum connections to the telephone network or the Internet, as well as a discussion of all other features will help to get the tenant's favor and persuade him to rent this particular property.

This is a small psychological technique: than more people goes into details, the higher the chances that such a conversation will be deposited in his memory. So, it is on him that he will focus in the first place, weigh the pros and cons, etc.

However, if the entire rental process is based on such tricks, it will be a big risk of losing reputation. If the quality of the lease is significant only in words, then this can threaten with very serious consequences.

1. Holidays.

If there is no finishing in the commercial premises allocated for rent, then you can offer the tenant a payment vacation. That is, he will carry out repairs at his own expense, but while the repair teams are doing their job, the client will not pay rent for the premises.

This is a pretty significant plus for a tenant who has clearly decided to rent a property:

• if there are no extra funds to pay rent and repairs at the same time, then this action will cause exclusively positive emotions and enhance the reputation of the landlord;
• also, renovation holidays will help to persuade a doubting tenant towards the acquisition of this particular property/premises.

In general, you can temporarily exempt a client from paying rent in a variety of situations. The main thing is that there are no serious financial losses for both parties. These are the basic features of doing business, and tenants (as well as landlords) of commercial real estate are well aware of this.

That is why such actions are widespread, although their use is not mandatory. Especially if the delivery of commercial real estate is not urgent.

1. Reliability of the landlord.

This is a very important point, most clearly manifested in the preparation of the owner's documentation for the tenant. The more guarantees the client receives, the more chances for a successful lease.

The abundance of supporting documents, the absence of tricks during the signing of the contract and a good reputation are the key successful delivery lease of commercial real estate. The reason is simple:

• when renting an apartment, often ordinary citizens deal with the issue;
• and if the premises are planned to be used for commercial purposes and make serious money on this business, then the study of each document by the tenant will be as scrupulous as possible.

Risks and other difficulties

Not only the tenant is exposed to risks - the same applies to the landlord. Most common causes conflicts are:

• insufficient definition of the legal obligations of the parties regarding the leased property;
• delays in monthly payments and other payments;
• misuse of the leased property;
• damage/loss of property owned by the lessor;
• disputes over taxation (according to Article 146 of the Tax Code of the Russian Federation, the obligation to pay VAT is assigned only to the lessor with the possibility of deducting the amount of tax by the lessee if the relevant document is available).

All these conflict situations directly depend on the concluded contract. Each of the points should be described as accurately as possible, since this minimizes the risks for both parties at once. It is important to responsibly treat the conclusion of the contract in order to avoid similar situations.

Renting commercial real estate is not much different, but has a number of key features. The most important thing is the conclusion of the contract. In any situation, the parties will rely only on it, therefore, when making a deal, you need to focus on this document.

The concept of a lease agreement non-residential premises

The lease agreement for non-residential premises establishes the rights and obligations of the parties: the tenant and the landlord. In accordance with this agreement, one party provides the other with premises for a fee for temporary use. The main provisions of such an agreement are the description of the transferred premises, the term of lease use and the amount of the rent. Moreover, the data that allows you to accurately determine the property leased must be specified in the contract. In relation to the lease of non-residential premises, this means that the contract must contain the following information:

The exact address of the building in which the leased premises are located;

Description of the location of the premises in the building (floor, room number, etc.);

The area of ​​the leased premises in accordance with the technical passport of the BTI;

The purpose of the leased premises (for example, for office needs, production needs, for a warehouse, etc.).

In addition, the technical passport of the premises is usually attached to the lease agreement. This document contains all the characteristics of the transferred premises (area, number of rooms, location of stairs, doors, windows, etc.), as well as its schematic layout. By the way, instead of the registration certificate of the premises, you can only submit an excerpt from a copy technical passport of the entire building, which also contains all data about the transferred premises. Such a copy is called an explication.

Particular attention should be paid to the following fact: in accordance with Article 607 of the Civil Code of the Russian Federation, the absence of a description of the leased object entails the invalidity of the contract.

The lease agreement also determines the amount of the rent, the frequency and procedure for its payment, as well as the duration of the lease. The absence of an agreed amount of rent in the lease agreement does not entail the invalidity of the agreement. In this case, according to article 614 of the Civil Code of the Russian Federation, the fee usually paid when renting such property in comparable circumstances will be taken into account. But such an option will cause a lot of difficulties, so it is still necessary to indicate the amount of the rent. Well, if the term of the contract is not indicated in the lease agreement for non-residential premises, then, according to Article 610 of the Civil Code of the Russian Federation, this agreement will be considered concluded for an indefinite period.

It should be noted that the Civil Code does not single out the issues of renting non-residential premises as some special type of rent. Therefore, when renting premises, apply general provisions on the lease of property, formulated in Articles 606-625 of the Civil Code of the Russian Federation.

Amount and types of rent

First of all, it must be said that rent is not necessarily paid in cash. The Civil Code contains a wide range of types of rent, any of which can be chosen by the parties. Paragraph 2 of Article 614 of the Civil Code of the Russian Federation establishes the following types of rent:

A specific amount of money paid periodically or at a time;

The established share of income or products received as a result of the use of the leased property;

Provision of certain services by the tenant;

Transfer to the lessor of a certain thing in ownership or lease;

Imposition on the tenant of the costs stipulated by the contract for the improvement of the leased property.

But no matter what type of rent will be chosen by the parties, it must be expressed in monetary terms. In other words, if the parties determine that the rent will be the provision of any services by the tenant to the landlord, then in addition to the type of services and the frequency of their provision, their cost must be indicated. The cost of the rent must also be determined because the amount of value added tax depends on its size.

Of course, the monetary value of the rent can be indicated not only in rubles, but also in foreign currency or other conventional units. In accordance with Article 317 of the Civil Code of the Russian Federation, the parties may provide that the payment of obligations is made equivalent to a certain amount in foreign currency or in conditional monetary units Oh. In this case, the amount payable in rubles is determined at the official exchange rate of the relevant currency or conventional monetary units on the payment date (unless a different exchange rate is established by the lease agreement).

During the entire term of the contract, the amount of the rent can be repeatedly changed if this happens by agreement of the parties. A change in the rent at the request of only one party can be made no more than once a year, unless otherwise provided in the lease agreement (clause 3, article 614 of the Civil Code of the Russian Federation). If opposite side will object to such a change, the issue is resolved in court.

It should be noted that when the rent changes, the question may be raised not only of its increase, but also of a significant decrease. For example, the tenant in certain situations has the right to demand a reduction in the rent, regardless of what procedure for changing it is provided for by the contract. Thus, in accordance with paragraph 4 of Article 614 of the Civil Code of the Russian Federation, the tenant has the right to demand a reduction in the rent if, due to circumstances beyond his control, the conditions for using the premises provided for in the lease agreement have deteriorated significantly. This is quite possible in cases where the amount of the rent does not correspond to the goals that the tenant intended to achieve when using the premises.

State registration of lease agreements

The Civil Code contains provisions according to which a building lease contract concluded for a period of less than one year does not require state registration. For a long time there were disputes about whether these provisions apply directly to non-residential lease agreements. The Supreme Arbitration Court of the Russian Federation in its information letter dated June 1, 2000 N 53 "On State Registration of Lease Agreements for Non-Residential Premises" clarified that registration of lease agreements for non-residential premises, the validity of which does not exceed one year, is not required.

As for long-term (with a validity period of more than a year) lease agreements for non-residential premises, they are subject to mandatory state registration in accordance with paragraph 3 of Article 433 of the Civil Code of the Russian Federation. The absence of registration entails the invalidity of such contracts on the basis of paragraph 1 of Article 165 of the Civil Code of the Russian Federation. Invalid contracts do not entail any legal consequences. The only consequence can only be a mutual return of everything received under such an agreement.

In the vast majority of cases, immediately after signing a long-term contract, the tenant moves into the premises and begins to pay rent. The date from which the term of the lease agreement begins, as a rule, always precedes the date of registration of the agreement itself. The state registration process often takes a considerable amount of time. Nevertheless, in accordance with the clarification of the Presidium of the Supreme Arbitration Court of the Russian Federation dated June 1, 2000, a long-term contract is considered concluded only from the moment of its state registration.

Can rent under an unregistered long-term contract be charged to cost? Subparagraph "h" of paragraph 2 and paragraph 10 of the Regulations on the composition of costs include the payment for the lease of fixed assets in the cost of products (works, services). However, the tax authorities believe that the reduction of the income tax base on unregistered long-term lease agreements is illegal. The Ministry of Taxation of Russia in its letter dated April 19, 2000 N 02-3-09 / 88 indicates that the tenant is not entitled to attribute to the cost of production (work, services) the cost of renting non-residential premises if the lease agreement has not passed state registration. Thus, if the tenant reduces taxable income by the amount of the rent, he may face opposition from the tax authorities. However, arbitration courts consider such actions of the tax authorities unlawful.

For example, a tenant entered into a long-term lease but did not register it. In accordance with the Regulations on the Composition of Costs, the rent expenses were attributed by the lessee to the cost of production. However, the tax inspectorate, referring to the lack of state registration of the lease agreement, considered the tenant's actions illegal. The dispute was submitted to arbitration. The court ruled that the tenant's actions were lawful. The court pointed out that the Regulation on the Composition of Costs does not link the attribution of certain costs to the cost of production with the presence or absence of state registration of the contract. Due to the fact that lease relations between the tenant and the landlord actually took place, the tenant was entitled to reduce taxable income.

However, there may be different jurisprudence in such cases. It is possible that in some situation the court will accept the position of the tax authority. To date, there are no decisions or information letters of the Supreme Arbitration Court of the Russian Federation on this issue. In order to exclude the occurrence of disputes, in such cases it is possible to conclude two lease agreements at once: short-term and long-term. Since a short-term lease agreement does not require state registration and takes effect immediately, it can be issued for the period of registration of the main long-term agreement. Thus, the issue of attributing rental costs to the cost of production is resolved. Both contracts can be concluded simultaneously on the same day, by sequentially linking their validity periods: for example, for a short-term contract, set the validity period from January 1 to April 1, 2001 and, accordingly, set the start of a long-term contract from April 2, 2001.

It should be noted that the Federal Law of July 21, 1997 N 122-FZ "On State Registration of Rights to Real Estate and Transactions with It" also establishes the need compulsory registration lease rights. Moreover, registration of the right to lease is provided regardless of the term of the contract itself.

What is the difference between registering a lease agreement and registering a lease right? The first is a stamp (mark) of the body of the state registration chamber directly on the copy of the contract itself. Registration of the right to lease consists in the issuance by the same body of a separate document confirming registration. When the tenant applies to the registration chamber, both the contract and the right to lease are registered simultaneously. The main difference between them is that the lack of registration of the right to lease does not entail the invalidity of the contract. Any liability of the tenant for the lack of registration of the right to lease by the Civil Code and the Federal Law "On State Registration of Rights to Real Estate and Transactions with It" is not established. Thus, attributing rent to the cost of production in the absence of registration of the right to rent is legitimate.

Registration of the transfer of premises

The procedure for the transfer of premises from the landlord to the tenant is not regulated by the Civil Code, however, it is in the interests of both parties to formalize such a transfer with an act of acceptance. The fact is that the lessor is responsible for the shortcomings of the property that prevent its use. The responsibility of the landlord is to compensate for the losses incurred by the tenant or to reduce the rent. According to paragraph 2 of Article 612 of the Civil Code of the Russian Federation, the landlord is not responsible only for those shortcomings that were specified by him, as well as for those that could be discovered during the transfer of the premises.

Registration of the certificate of acceptance is also necessary for the tenant. The fact is that the tenant is responsible for damage to the rented property. Therefore, in order to avoid possible misunderstandings in the future, the act should describe in detail technical condition received premises.

Termination of the lease

Conventionally, all lease agreements can be divided into two groups. These are contracts with an indefinite period of validity (perpetual) and contracts concluded for a specific period of time (urgent). The mechanism for terminating fixed-term and open-ended contracts is different.

Termination of perpetual contracts

An agreement concluded for an indefinite period is valid until one of the parties declares its desire to withdraw from it. Both the tenant and the landlord have the right to cancel such an agreement at any time by notifying the other party in writing three months in advance. And advance warning is essential. However, sometimes it happens that the tenant, without the required prior warning, terminates the contract (leaves the rented premises). And if the landlord has not given his consent to such termination, then the tenant remains bound by all obligations, including making payments, within a three-month period.

Termination of fixed-term contracts

An agreement concluded for a definite period shall be terminated upon the expiration of that period. However, there is one nuance here, stipulated in paragraph 2 of Article 621 of the Civil Code of the Russian Federation. So, if the tenant continues to use the property after the expiration of the contract, in the absence of objections from the lessor, the contract is considered renewed for an indefinite period. That is, a fixed-term contract becomes indefinite, and any renegotiation of it is not necessary. Moreover, the state registration of contracts with an indefinite period of validity, in our opinion, is optional, regardless of whether the originally concluded fixed-term contract was registered.

As for the termination of fixed-term contracts, it is possible at the request of one party only in court and under special conditions. These conditions are established by Articles 619 and 620 of the Civil Code of the Russian Federation.

Thus, at the request of the landlord, the lease agreement may be terminated early by the court in cases where the tenant: - uses the premises with a material violation of the terms of the agreement or the purpose of the premises;

Significantly worsens the room;

Does not pay rent more than twice in a row;

Does not overhaul the premises in cases where, in accordance with the contract, it is obliged to do so.

But it should be borne in mind that judicial termination of the contract at the request of the landlord is possible only after he sends the tenant a written warning about the need to fulfill his obligations within the time period proposed by the landlord.

At the request of the tenant, the lease agreement may be prematurely terminated by the court in cases where:

The landlord does not provide the premises for use to the tenant or interferes with this use;