27.09.2019

The lease agreement of non-residential premises canada sample. Sample contract for lease of non-residential premises concluded between legal entities


IN modern world Everything can surrender real estate, movable property, Land and other real estate objects. For those who have encountered such a task, we offer typical contract Rent of non-residential (commercial) premises. This contract is really used in practice, many items in it appeared thanks to many years of professionals in this area.

There are some nuances to which you need to pay attention to the lease agreement.

To rent property can only be his owner or a representative of the owner with the right to lease.

To make such a deal, it is necessary to conclude a lease agreement for non-residential premises or another other object.

The conclusion of the lease agreement establishes legal rights and duties and responsibilities between the tenant and the landlord. The main point of such a contract should be an inventory of the condition of the premises passing. Also, dates, goals, rules for using the object and the amount of payment are determined.

Contract for a term of more than a year in obligatory passes. To the state registration documents need to be applied to pay state duty. Register in state bodies, rental property can be both a landlord and tenant. When real estate transfer to the tenant, you need to attach a full package of documents that are directly related to the object.

Changes and additions to the contract may be made through the signing of an additional agreement. An additional agreement to the Agreement is drawn up in the form provided for to compile the contract itself.

By entering into the lease agreement, it is necessary to indicate what way payment will be paid, in cash or non-cash, for what documents, and in which credit institutions. The lease agreement may be urgent (concluded for a certain period) and indefinite. In the urgent contract, the Terms of Termination of the Agreement are indicated in the Agreement itself. Performance of the signed document one of the parties is possible only through the court. This is possible, the tenant or landlord does not fulfill the terms of the contract due to the rental agreement. When, property is returned to the owner with the design of the transfer act and a detailed description of the state of the property, which is returned to the lessor.

Typical lease agreement non-residential premises

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Treaty No. ______
Rent of non-residential premises
«____" ______________ 20

OGRN _________________ About the introduction _________________________ _______________________________________________________________________________________________________________________, acting on the basis of the Charter, on the one hand,
And _________________________________, OGRN ________________ on the introduction of _______________________ to the register of entries on the creation of a legal entity, TIN ________________________, Location: the Russian Federation, _____________________________________________, hereinafter referred to as the "tenant", in the face of _____________________________________________________________, on the basis of the Charter, on the other hand, the collaborated "parties", concluded this Agreement, referred to in the future "contract", as follows:

1. The Subject of the Agreement
1.1. The landlord undertakes to provide a tenant for a fee for temporary possession and use of a non-residential premises. with total area _________ (______________________________) square meters located in the building at the address: _________________________________________, according to the exploration to the floor plan.
Rental non-residential premises are referred to as the "premises". The characteristic of the room is indicated in the technical passport / discharge from technical passport BTI and explication to a floor plan, and the placement of rooms indoors is indicated in a floor plan. A copy of the Floor Explication Plan is an integral part Contract (Appendix No. 1).
1.2. The rental premises belongs to the landlord on the right of ownership, which is confirmed by the certificate of state registration of the right __________________________________________________________________________________________________________________________ __________________________ real estate And the transactions with it made recording number _________________________________________________________.
1.3. The room is not sold to anyone, is not laid, in the dispute and under arrest (prohibition) is not burdened by the rights of third parties.
1.4. Target use Road rooms: _______________________________________
________________________________________________________________________________
2. Lease term
2.1. The leased non-residential premises are considered to be transferred to the tenant from the moment of signing the act of reception - the transfer of the leased non-residential premises. The act must be signed on time no later than 5 (five) days from the date of signing the contract.
2.2. The lease is 11 (eleven) months from the date of signing the contract.
3. Additional services provided by the Landlord.
3.1. The leased non-residential premises can be provided with the services listed in clause 3.2. actual agreement.
3.2. The list of services, the cost of which is taken into account by the landlord as part of a variable part of the rent under this Agreement may include:
- Ensuring access to telephone digital communication, Internet;
- utilities, including heating, water supply, power supply;
The list of services that are actually taken into account by the parties in the variable part of the rental fee is approved by the parties in the minutes of coordination of the price, which is an integral annex to this Treaty (Appendix No. 2).
3.3. The list of additional services provided by the Landlord on certain applications of the tenant:
- repair, maintenance, update and replacement of all installations and equipment, including those needed to provide electrical, heat and water supply, sewage, ventilation and air conditioning;
- work on the repair of other engineering equipment installed in the building;
- cleaning, lighting and maintenance of objects common use;
- garbage collection (with the exception of production waste related to the occupation and release of premises, the importation of furniture, equipment, etc.);
- services for the use of transport infrastructure of the enterprise of the landlord, including ensuring entry into the territory of the passenger, cargo and special transport of the tenant or its customers.
This list of additional services is not exhaustive and can be supplemented or changed by additional agreements of the parties.
The cost of additional landlord services, including tariffs for services for the use of transport infrastructure of the landlord enterprise, as well as the price list to other landlord services, can be posted on the information stand of the landlord, located in front of the entrance turnstile on the first floor of the Administrative Corps of the Lessor, as well as on the landlord website the Internet ___________.
This list of additional services is paid by the tenant on the basis of rates and landlord tariffs for separately exhibited accounts. The final cost of additional services is indicated by the landlord in the invoices.
4. Rent and settlement procedures
4.1. Rent for the premises provided under this Agreement consists of two parts: constant (clause 4.2. Of contracts) and variable (clause 4.4 of the contract). The rent under this Agreement begins to accrue from the moment of signing the parties to the act of receiving the premises.
4.2. The permanent part of the rent for the lease month is ______________ (_______________________________________________) rubles, incl. VAT 18% - ________________.
4.3. The account on the permanent part of the rent is not exhibited. The permanent part of the rent is paid on the basis of the lease agreement by the tenant no later than 10 (tenth) number of the month for which payment is made.
4.4. The size of the variable part of the rent is calculated by the landlord based on the actual provision of the leased premises by the services listed in clause 3.2. This Agreement, in accordance with the tariffs of the Landlord specified in the Provisional Rate Protocol (Appendix No. 2).
4.5. The variable part of the rent is paid by the tenant on prepayment terms in non-cash or cash Based on the account of the Landlord no later than 10 (tenth) number of the estimated month. An account for payment of the variable part of the rent for the first month of lease is formed on the basis of the application of the tenant at the planned volume of the leased premises by the services listed in clause 3.2. actual agreement. Accounts for payment of the variable part of the rent for the next months, leases are formed based on the indicators of the actual provision of the leased premises in the past month of the services listed in clause 3.2. This Agreement, and is subject to payment by the tenant, taking into account the current debt or overpayment of the variable part of the rent for the expired month of rent.
4.6. The tenant is obliged to 10 (tenth) the number of the estimated month, get in the rental department and management of the landlord property, located at the address: _________________________________________________________, the following documents: Accounts for payment of the variable part of the rent. In the case of submission to the tenant an application for additional services, the account for additional services of the landlord must be received and paid by the tenant no later than the working day following the day of submission of an application for additional services.
4.7. The tenant is obliged to 10 (tenth) the number of the month following the reporting, get in the rental department and the property management department, located at the address: ________________________________________________________________________________, the following documents: acts of completed work in 2 copies and invoice 1 copy of the variable part of the rental fees, acts of work performed in 2 copies and an invoice 1 copy of the permanent part of the rent, acts of services rendered (work performed) in 2 copies, account 1 copy and invoice 1 copy for additional services (in case Their provision by the landlord), accounts for payment of the penalty (p. 8.8. of the Agreement), as well as other documents to be awarded to the tenant.
The acts of services rendered (work performed) are issued by the last number of months for which they are exhibited. Not later than the last number of the month following the reporting, the tenant must return the landlord of 1 (one) copy of the act of rendered services (work performed) with signature and seal.
An account on additional services in the event of their actual provision of the landlord must be paid by the tenant no later than the working day following the day of receipt of the account.
4.8. In case the tenant within 5 (five) days, counting from the date of receipt of the documents specified in clause 4.7. This Agreement does not provide a motivated refusal of the signing of acts, the services are considered to be accepted by the tenant and the acts of completed work signed.
4.9. The obligations of the tenant for payment of payments provided for in this Agreement are considered executed since the receipt money On the current account or in the cash register.
4.10. The tenant must send his representative to obtain documents no later than 10 (tenth) numbers, the month following reporting.
4.11. Within 3 (three) banking days From the moment of signing this Agreement, the tenant is obliged to list the provisional payment to the settlement account of the landlord (including 18% VAT) in the amount of the permanent part of the rent per month lease (paragraph 4.2. Treaty). Security payment is used by the parties as a constant component of the rent for the last month of lease. In the event of a delay of current rental payments, a security payment is counted by the Lessor to pay for the overdue current rental payment of a constant or variable part of the rent, as well as on the payment of the accrued penalty (P.8.8. Treaty). Payment for the last month in this case is carried out in common orderstipulated by P.P. 4.1- 4.5 of this Agreement. The tenant is obliged to make funds necessary for the restoration of a secure payment within 3 (three) banking days from the moment the end of the unpaid tenant of the month. The nonconsideration of the security payment is considered the debt of the tenant for rent in one month.
4.12. Upon termination (regardless of the foundations) of the contract, the Lessor and the tenant sign a documented bilateral act of reconciliation of calculations, which fixes the presence or absence of debt of the parties. Unreasonable evasion of one of the parties (more than 10 days from the date of receipt) from the signing of the act of reconciliation of calculations, gives the right to the other party after the expiration of the specified period to consider the act of reconciliation of settlements taken with the emergence of the other part of the obligation to pay the amount of debt on the other purpose and in the manner prescribed This Agreement. The amount of debt marked with the landlord in the act of reconciliation of calculations is to be repayable by the tenant within 5 (five) banking days. In the presence of disagreements, disputes of the sides are allowed in the manner prescribed by law.
4.13. If this Agreement is concluded later than 10 (tenth) number of the calendar month, the obligation of the tenant for making a permanent and variable part of the rent for the first month of lease should be executed within 3 (three) banking days, considering from the date of concluding a contract.
4.14. In cases of changes in market prices for rental services provided, the landlord is entitled to unilaterally change the rent upward fee, while the tenant who has not yet been able to change the rental of the Rental fee.
5. Rights and responsibilities of the Lessor
5.1. The landlord must provide the specified in paragraph 1.1. Premises in accordance with clause 2.1 of the contract.
5.2. The landlord is obliged to provide a tenant of the services provided for by paragraph 3.2 of this Agreement.
5.3. The landlord undertakes to transfer the specified room in the state of the transmission state indicated in the act.
5.4. The landlord must free the placement from the property belonging to him, which is not an inseparable part of the rental of the premises.
5.5. When performing repair or inspection engineering networks and equipment The landlord has the right to pause the operation of networks and equipment to the required time, subject to the preliminary notification of the tenant, indicating the date, time and timing of the repair.
5.6. The landlord undertakes in the event of an accident that occurred not by the fault of the tenant, immediately take all the necessary measures to eliminate its consequences.
5.7. For repeated non-fulfillment (improper performance) by a tenant of the terms of the contract, the landlord has the right to hold the property of the tenant, which is in the rented premises, followed by satisfaction from its value of its interests. At the same time, the landlord is entitled to prohibit the removal of the property of the tenant from the premises.
5.8. The landlord, in the person of representatives of the administration or employees authorized by him, has the right at any time to verify the procedure for the use of premises for compliance with the requirements of this Agreement, to monitor the permitted use and technical condition of the premises, to demand from the tenant to eliminate the identified disorders.
5.9. In case of violation by the tenant, the terms of this Agreement the landlord has the right to limit the provided services listed in clause 3.2. Contract.
5.10. The landlord undertakes to the beginning of the rental period to provide the placement by the attached electrical networks, according to the application of the tenant for electricity consumption.
5.11. The Landlord reserves the right to disable electricity at the time of repair and regulatory work with preliminary warning and without warning during the elimination of emergency situations. If there is office equipment, the tenant is recommended to install an uninterrupted power supply unit. The landlord is not responsible for interruptions and power supply interruptions associated with technological disorders, accidents in electrical installations and on the equipment of energy supplying organizations.
5.12. The landlord has the right to terminate this Agreement in one-way extrajudicial order and demand compensation for damages arising from the fault of the tenant in the event of a violation by the tenant of the terms of this Agreement.
6. Rights and obligations of the tenant
6.1. The tenant undertakes:
6.1.1. Take a leased non-residential premises on the act of acceptance and use it by intended purpose in accordance with paragraph 1.4 of this Agreement;
6.1.2. Alone to receive in the rental department and management of the property of the landlord, located at: __________________________________, the documents listed in clause 4.6., 4.7. of this Agreement and to pay a timely payment provided by the payments provided by the Treaty;
6.1.3. Contain a leaseed non-residential premises in the manitory and rules fire safety;
6.1.4. With the consent of the landlord, at its own expense, the current repair of the leased non-residential premises;
6.1.5. Do not produce without written permission of the lessor of redevelopment and re-equipment of the leased premises caused by the needs of the tenant;
6.1.6. Unhindered to allow the leased non-residential premises of the landlords to carry out inspections;
6.1.7. Insure at your own expense risks of causing material damage to the landlord as a result of a fire, explosion of household gas, flooding with water, causing harm to life and third-party health based on balance value landlord property;
6.1.8. To bear full responsibility and regular supervision of the content in a good condition of the leased non-residential premises. Carry the costs of maintaining a leased non-residential premises;
6.1.9. Ensure the safety of the work of work, comply with the requirements of labor protection and safety of their employees;
6.1.10. Ensure the safety of works on the maintenance and operation of electrical, thermal and other technical installations in the leased non-residential room in accordance with the current regulations for the technical operation of consumer electrical installations (PTEEP), fire safety rules and other regulatory and technical documentation;
6.1.11. In a weekly period from the date of the conclusion of this Agreement, it is necessary to appoint a person responsible for labor protection, fire and electricity and transfer a copy of the order for its appointment with the application of copies of the assigned person's certificates about the passage of knowledge of labor protection, fire and electric security. For emergency situations for the operation of electrical wiring, plumbing equipment, radiators, as well as fire extinguishing systems, the tenant carries property and administrative responsibility to the landlord and third parties;
6.1.12. The tenant independently, if necessary, agrees with the fire inspection, SanEpidadzor, other government agencies on leased areas;
6.1.13. Compensate for the landlord caused by the fault of the employees and customers of the tenant damage;
6.1.14. In writing, inform the landlord no later than in two months, about the upcoming release of the premises due to the expiration of the contract period or in its early release;
6.1.15. In writing to the landlord, no later than two months before the expiration of this Agreement, the intention of entering into the lease agreement on new term;
6.1.16. Rent a leased room at the end of the lease term of the leased room and the engineering equipment (communications) in it in proper technical and sanitary condition, pre-making a full calculation with the landlord under this Agreement;
6.1.17. Immediately report in writing to the Landlord about all the changes affecting the relationship between the Parties under this Agreement (a change in the organizational and legal form, bank details, the upcoming reorganization or liquidation of the enterprise, etc.);
6.1.18. Maintain proper sanitary condition of public places;
6.1.19. Immediately notify the landlord about every damage, accident or other event, applied (or threatening) damage to the room, and to take all possible measures to prevent (minimizing) damage in a timely manner. If damage to the room or communications of the leased premises is caused by the incorrect actions of the tenant, pay for the accounts of the lessor to carry out restoration repair;
6.1.20. Do not pass, without the written consent of the owner of the premises, in the sublender this room or his part to third parties;
6.1.21. Not later, the date of the conclusion of this Agreement submit to the Lessant an application for the planned volume of the services listed in paragraph 3.2. actual agreement;
6.1.22. Take measures to export garbage, cleaning roofs of buildings from snow, land and to remove icicles from eaves and drains, for cleaning snow and ice from the sidewalk and adjacent to the territory of the territory, and in case of the specified work, the landlord is paid to the relevant additional services Landlord;
6.1.23. Comply with the rules of the internal schedule of the landlord (Appendix No. 3).
7. The procedure for the return of the leased non-residential premises to the Lessor
7.1. On the end of the end of the lease term, the tenant is obliged to transfer to the landlord a leased non-residential premises on the act of acceptance and transmission.
7.2. The leased non-residential premises should be transferred to the landlord in the same state in which it was leased, taking into account normal wear.
7.3. All inseparable improvements in the leased non-residential premises produced by the tenant (including at their own expense) are the property of the landlord, their value is not reimbursed by the tenant.
7.4. When early termination Treaty on the initiative of the tenant, the tenant is obliged to notify in writing about this for the landlord no later than in two months. Otherwise, the contract will be considered valid, and the tenant must produce all rental and other payments.
7.5. Upon expiration of the term, as well as during its early termination (termination), the property of the tenant must be exported from the leased room. If the tenant did not fulfill this duty, the landlord has the right to move property to another place and charge a tenant for keeping a fee.
7.6. The landlord has the right to keep the property of the tenant, which is in rented premises, followed by satisfaction from its value of its interests, following non-complete (not properly executed) financial obligations Tenant under the contract. At the same time, the landlord is entitled to prohibit the removal of the property of the tenant from the premises. At the same time, the cost of the retained property should approximately comply with the value of the tenant's financial obligations.
8. Responsibility of Party
8.1. In case of non-fulfillment or improper execution of this Agreement, the parties are responsible in accordance with the current legislation of the Russian Federation.
8.2. Since the beginning of the contract and until the parties signing the acts of acceptance and transmission acts with the termination of this Agreement are liable for explosion, fire safety, the implementation of measures to prevent the death and injury and the consequences of their non-fulfillment, electrical safety, accidents and emergency situations in the premises are a tenant.
8.3. The tenant is obliged to compensate for the landlord costs and compensate for the damage, if the landlord suffered these expenses and damage due to the violation by the tenant of the obligations provided for in paragraph 6.1 of the Treaty. In case of not the adoption by the tenant of the leased non-residential premises on the act of acceptance and transfer, the provisional payment remains at the lessor.
8.4. In case of violation of P.P. 6.1.5 Agreement The Lessant has the right to demand the bringing of the leased premises at the same state, in which it was before the changes, or independently carry out work on the restoration of the previous condition of the premises with the attribution of expenses for the tenant.
8.5. In case of damage or death of the leased non-residential premises due to the fault of the tenant, the tenant reimburses the landlord of losses in full.
8.6. The landlord is not responsible to the tenant, if as a result of accidents or failures in work on energy supply and water supply enterprises, communications enterprises and municipal economy Cities, tenant will not be provided with the services of these organizations.
8.7. The landlord is not responsible for the property, the belt belongings in the rented premises, the personal belongings of his employees and visitors.
8.8. If rental payments are delayed, the tenant is obliged to pay a penalty at the rate of 0.5% (five tenths) from the overdue amount of payment for each day of delay.
8.9. Any penalty payable under the contract is paid on the basis of the account of the Lessor exposed in accordance with clause 4.6. actual agreement. In the absence of an account of the landlord, the penalty is not charged and is not paid.
8.10. In case of non-payment by the tenant on the period of payments, including penalties, or their insufficiency under this Agreement, the landlord has the right to suspend the provision of services listed in clause 3.2. This Treaty, sealed the provided premises, limit the entry of the transport of the tenant or its clients to the territory, limit the passage of the tenant employees into the landlord. Renewal of the provision of services listed in clause 3.2. This Agreement is made after the elimination of violations allowed by the tenant, according to the application of the tenant, in accordance with the Landlord Price List.
8.11. The risks of adverse effects of improper execution by the tenant of the responsibilities provided for by this Agreement lie on the tenant.
8.12. If, after the expiration of the contract, the premises are not returned to the Landlord on the transfer act, in the absence of another lease agreement of the specified premises of the concluded between the Parties, the tenant is obliged for all the time delay in the return of the rented premises to the Lessor to pay rent (clause 4.2, clause 4.4 of the Agreement) in a double size.
9. Other conditions
9.1. This Agreement is drawn up in two copies that have the same legal force, one for each of the parties and can be changed under a written agreement of the parties. This Agreement begins to act since signing. The expiration of this agreement entails its final termination, without the possibility of automatic resumption of an agreement indefinitely under the same conditions in accordance with Part 2 of Art. 621 of the Civil Code of the Russian Federation.
9.2. The landlord may at any time in one-way extrajudicial order to abandon the execution of this Agreement, which entails termination of the contract without going to court, in the following parties recognized by the parties with significant cases:
9.2.1. When using non-residential premises in general or its part is not in accordance with the lease agreement.
9.2.2. If the tenant is intentionally or by negligence worsens the state of non-residential premises.
9.2.3. If the tenant did not receive a rent in a timely manner in the amount of or more than 10 (ten) days to cross the rental fee.
9.2.4. In case of violation by the tenant of other conditions of this Agreement.
9.3. The lease agreement can be terminated at the request of the tenant if the property, due to the circumstances, for which the tenant does not respond, will be in a state unsuitable for use.
9.4. The tenant has the right to refuse to fulfill the contract and terminate the contract, writing in writing about this lessor in two months. The landlord has the right to refuse to fulfill the contract and terminate the contract, notifying the tenant in writing for one month.
9.5. The contract may be terminated as a result of the offensive of force majeure (irresistible) circumstances.
9.6. In cases not provided for by this Agreement, the parties are guided by the current civil legislation of the Russian Federation.
9.7. The tenant is obliged to protect the leased premises by the same security organization as the landlord, at the expense of its own funds.
9.8. All disputes and disagreements arising from this Agreement or related to it are subject to consideration in the Arbitration Court of the Moscow Region.

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LEASE CONTRACT

non-residential premises in the face acting on the basis of hereinafter referred to Landlord", On the one hand, and in the face acting on the basis, hereinafter referred to as" Tenant", On the other hand, hereinafter referred to as" Parties ", concluded this Agreement, later" Treaty", Undeserted:

1. THE SUBJECT OF THE AGREEMENT

1.1. The landlord transmits, and the tenant takes a temporary use of a non-residential premises located at the address of the total square of a square meter. M and belonging to the landlord on the right of ownership according to the certificate of state registration of rights to real estate series number from "2016

1.2. The rented room is provided to the tenant for use under the office and at the time of the transfer for rent is suitable for use for these purposes.

1.3. The tenant for the validity period of this Agreement is given the right to access the city telephone number.

2. The procedure for transferring the placement for rent

2.1. The rental premises, its equipment and property must be transferred to the landlord and adopted by the tenant for the act of acceptance. In prolongation or re-conclusions, such acts may not be drawn up, because The composition and condition of the leased premises is known to the tenant.

2.2. From the moment of signing the act of acceptance of the acceptance, the tenant must be provided with unhindered access to the rented premises.

3. Responsibilities of Party

Landlord undertakes:

3.1. Provide office premisesspecified in paragraph 1.1 of this Agreement.

3.2. In the event of accidents and faults that occurred not by the fault of the tenant, immediately take measures to eliminate them. In case of accidents and faults, the fault of the tenant, the elimination is made at the expense of the tenant for the forces of the landlord or by agreement of the parties. The owner undertakes:

3.3. Use the premises transferred to it for the purpose specified in paragraph 1.2 of this Agreement, support them in good condition.

3.4. Observe sanitary, technical and fireproof rules, comply with the requirements and prescriptions of oversight bodies for compliance with these rules.

3.5. Unhindered to allow B. working time Lessor representatives in order to control the condition and operation of leased premises established in them equipment. In the event of malfunctions of the heat and power grids, immediately cause representatives of the lessor, as well as take immediate measures to eliminate malfunctions and maintaining commodity-material values.

3.6. To make the current repair of rented premises.

3.7. Provide the preservation of rented premises, devices and systems of heating, electrical networks, ventilation, fire-fighting equipment and other property in a rental room from destruction, damage and embezzlement. In the event of damage in the absence of the fault of the tenant and the landlord, the responsibility for him is the perpetrators of third entities or, if such are not established, the costs incurred at the same time are equal to each Party equally. Have a rental room and contain in good condition fire equipment in accordance with the requirements of the fire service.

3.8. In a timely manner, payments provided for by this Agreement.

3.9. Make reprints and re-equipment of leased premises and appliances and systems in them only with the written permission of the lessor.

3.10. Inform the Lessor to the upcoming release of the rented premises no later than two weeks before the alleged release. The premises are rented by the landlord for acceptance acceptance (Appendix No. 1).

3.11. Do not take premises in the sublease without written permission of the landlord.

3.12. To bear material responsibility for damage caused to the landlord during accidents inside the leased premises, if the above occurred due to the fault of the tenant, in the amount of the actually incurred costs of the lessor.

4. Payments and costs under the contract

4.1. For those listed in the first section of this contract, the tenant pays the landlord for the landlord, based on the agreement of the parties, at the rate of rubles for 1 square meters. Meter Square per month. The amount of rent per month is RUB. including VAT rub.

4.2. The landlord has the right no more than once a quarter to increase the rent by its indexation, and also in cases of changes in the centralized prices and tariffs for work, services directly related to the content and operation of the premises transmitted. About changes in rental fee The landlord warns the tenant no later than in days.

4.3. Payments are made by the tenant monthly equal shares from annual sum Not later than the number of the current month, according to the leaser of the account.

5. Responsibility of Party

5.1. In case of non-payment by the leaseant of the rent within the deadlines established by this Agreement, the landlord may be charged with a penalty in the amount of% per day from overdue amounts for each day of delay.

5.2. The payment of the pencils established by this Agreement does not exempt the parties from the fulfillment of the obligations provided for by this Agreement.

5.3. The responsibility for payment of penalty and caused damages occurs at the guilty side after presenting a written claim to it from the other side, with the calculation of the amount of the amount payable, the timing of payment and the application of documents confirming the validity of this calculation.

6. Prolongation and termination of the contract

6.1. The tenant, properly carried out the duties under this Agreement, has a predominant right to extend the contract.

6.2. The lease agreement is terminated early by mutual agreement of the parties.

6.3. At the request of the Landlord, this Agreement may be terminated in cases where the tenant:

  • uses premises (in general, or their parts) not in accordance with the lease agreement, including in the case of an inconsistent delivery of the premises in the sublease;
  • significantly worsens the condition of the room;
  • more than two times in a row after the payment of the payment period established by the Treaty does not contribute;
  • in the case of the production need for the leaser for the use of rented premises.

At the request of the landlord, the lease agreement is terminated in the manner prescribed by the current legislation.

6.4. In case of early termination of the contract, both by the mutual consent of the parties and at the request of the landlord or tenant, the rent is made by the tenant for the actual use of the leased room.

7. Term of the contract

7.1. This Agreement comes into effect with "2016 and operates according to" 2016

7.2. All changes in the terms of the contract, including rental rates, should be agreed between the Parties and are issued with additional agreements. With the achievement of the consent between the parties, the dispute is subject to consideration in the Arbitration Court.

8. Other conditions

8.1. The real agreement is drawn up in 2-genuine copies one for each side.

8.2. In cases not provided for by this Agreement, the parties are guided by the Civil Law of the Russian Federation.

9. Legal addresses and bank details of the parties

Landlord

TenantYur. Address: Postal address: Inn: PPC: Bank: races / score: Corr. / Account: Beach:

10. Signatures of the Party

Landlord _________________

Tenant _________________

A sample lease agreement for non-residential premises can be found both on the websites of companies providing legal services and legal forums or legal subject sites. A person, far from jurisprudence, can be difficult to understand how the samples given there, so we will try to give a few tips that will be able to understand how it is better to use.

  1. Look at the time of placement of the document. The legislation is constantly changing, and the newer the document, the greater the chance that it meets the current standards of the law.
  2. It is worth avoiding unnecessary forms. Sometimes in pursuit of external solidity in the contract fit and what is directly spelled out in the law. For example, a complete and detailed description of what is the circumstances of force majeure (force majeure), but why do you need an indication that the parties are not responsible for violating obligations due to an earthquake or an aliens attack? It will be much better if the text simply will be referred to paragraph 3 of Art. 401 of the Civil Code of the Russian Federation.
  3. However, it is not necessary to use the samples where the rights and obligations of the parties are not separated.
  4. It is also not too reasonable to use the forms, where it is not specified, which one is responsible for the parties for violation of the contract. This is not an error, but without the designation of responsibility, you can recover a penalty from the counterparty only in the amount indicated in the law. For non-payment of funds, for example, the second side will only pay interest on the key rate of the Central Bank (part 1 of Art. 395 of the Civil Code of the Russian Federation) - and this is extremely few. Excess of this amount you can recover only real losses, if any.

What includes a typical lease agreement for non-residential premises?

Download Contract

Before you download the lease agreement for non-residential premises (sample), check whether it contains the following information:

  1. Names of the parties. Since the lease agreement of non-residential premises is usually between organizations (or at least as a tenant acts a legal entity), then their full names must be indicated in the contract (it is desirable to even refrain from standard abbreviations like "LLC", "OAO"); Surname, name, patronymic, position of one who speaks on behalf of the Organization, and on the basis of what it is valid (director - usually on the basis of the contract, the head of the branch or representative in the city - on the basis of power of attorney). However, it is not necessary to overdo it too: Inn, OGRN and other data it is better to leave for the final part of the contract.
  2. Subject. A non-residential premises that gives up under the contract must be characterized as much as possible. Address: address, area, if there is a cadastral number, the grounds for which the landlord has the right to rent a placement (certificate of ownership of the details of the registration certificate, lease agreement with the right For surrendering in the sublease, etc.).
  3. The procedure for the transfer of non-residential premises. Best option is the transmission on the act, but if necessary, you can do without it (for example, specifying that, signing a contract, the tenant agrees to accept the premises in which it is located, and the landlord is obliged to convey the premises within a period no later than a certain number of days from The moment of transmission).
  4. Duties of the parties. In particular, the rent should be clearly indicated, and also indicated who pays for utility and other payments, repairing and so on.
  5. The rights of the parties: Can the tenant donate the room fully or partially into the sublease, as often the owner has the right to check the state of the object and can it do at all and so on.
  6. Contract time. More about this will be told a little further.
  7. The procedure for extending the contract if the contract is urgent.
  8. Settlement of disputes.
  9. Details of the parties. Here it is already necessary to indicate everything: for citizens - passport details, for organizations - TIN, OGRN, bik, etc., more, the better for tax Inspection and accounting.

Is an inconspicuous agreement of the lease of non-residential premises between individuals?

One of the meaningful conditions in the lease agreement is the period for which it lies. In the event that the Citizens did not determine in the contract with the term, agreement, in accordance with paragraph 2 of Art. 610 of the Civil Code of the Russian Federation, it is considered to be concluded indefinitely - that is, in fact, indefinitely.

An indefinite agreement will be valid until the tenant agrees to pay for the use of the room. It can only terminate his action after the party is interested in this will warn the second side about this. With regard to the premises, the warning period is set in the amount of 3 months.

A few words about the rental contract for free use of non-residential premises

The main difference between compensated and gratuitous rental is the presence / lack of fees for using a non-residential premises. The legislator also determined that the parties to gratuitous agreement would be a lender and a loan, and not a tenant and landlord.

Despite the fact that the transaction is of moneyless character, the lender can still oblige a loan to make payments for utilities or carry out cosmetic or other repairs.

In the text of the contract, it is necessary in the most detailed way to indicate the subject of the contract - the identification characteristics of the submissions and the term of the agreement, if it is concluded for a certain period.

What should be the form of a lease agreement of non-residential premises?

The lease agreement according to the law may be only in writing. It is allowed to sign it and by drawing up 2 documents (for example, when exchanging faxes) - the main thing is to have a paper in which the conditions on which the contract is concluded.

The law does not require a mandatory notarization of this type of contract, but in case there are disputes regarding the terms of the contract or the very fact of its conclusion, it is possible to apply to the notary.

Does the preliminary lease agreement need non-residential premises?

The parties to the lease agreement of non-residential premises can seize the desire to consolidate their intentions in the future on paper, that is, to compile a preliminary contract. However, the legislator allows signing preliminary Agreement Only in the field of construction and reconstruction non-residential buildings, Subsequently, will be leased.

IN preliminary agreement Conditions on penalties may contain, since at the construction stage, risks are possible, and in order to protect themselves from monetary losses, the parties discusses the options for sanctions for non-fulfillment of the preliminary agreement conditions.

The preliminary contract is in simple writing and does not require notarial certificate and state registration.

Documents for state registration of the lease agreement of non-residential premises

Most of the real estate transactions require registration in Rosreestra. With regard to the lease agreement, this requirement is valid if the contract is concluded for a period of more than 1 year. This is due to the fact that if there is a contract, the non-residential premises, leased, becomes burdened by the tenant - and this should be reflected in the state market.

The following documents are submitted to the registering authority:

  • passports;
  • documents on the right of ownership (landlord);
  • receipt of payment of state duty;
  • lease agreement in 3 copies (one for parties and one to Rosreestr).

To avoid registration, a variant is allowed, in which the contract is for the period of 11 months, and then extended. In principle, permissible and condition in which the lease agreement is automatically extended for the same period and under the same conditions, unless one of the parties objects. However, it is still better not to risk and every 11 months simply sign a new additional agreement to the Agreement.

How useful to the contract blank gratuitous rental of non-residential premises?

Contract for free rental premises does not apply to the number of particularly complex or confusing. Having in the hands of the appropriate form of the lease agreement for non-residential premises and the sample of the lease of non-residential premises, draw up this document and to rent a non-residential premises for any commemorable person.

Nevertheless, if there are at least the slightest doubts, it is better to turn to a lawyer for advice or even order a compilation of the contract for a particular case.

Under the lease agreement, non-residential premises is leased to provide a tenant for a fee of a non-residential premises for temporary possession and use or temporary use.

Non-residential premises that are facilities of the rental agreement include premises intended for use in non-productive, service, trade, domestic and other purposes of industrial and non-productive nature.

Usually, the description of the subject in the text of the rental agreement includes:

  • the exact address of the building in which the room has a surrender;
  • description of the location of the room in the building (floor, room number, etc.);
  • the area of \u200b\u200brental premises in accordance with the cadastral passport of the BTI;
  • appointment of the room (for example, for office needs, industrial needs, warehouse, etc.).

All of these data can be listed directly in the text of the sample lease agreement of non-residential premises or in annexes to it. For example, the premises lease agreement, as a rule, is attached to the cadastral passport of the room. This document contains all the characteristics of the transmitted room (area, number of rooms, the location of stairs, doors, windows, etc.), as well as its schematic layout. By the way, in the rental contract, instead of the cadastral passport of the room, you can only represent an excerpt from the copy of the cadastral passport of the entire building, which also contains all the data on the transmitted room. This copy is called explication.

When leaseing non-residential premises in the contract, it should be noted the possibility of putting the premises in the sublease, i.e. The ability of the tenant to act as the landlord of this room for a third party.

Usually the sublease is allowed only with the consent of the landlord. If the landlord does not allow the sublease, it is advisable to provide in the contract to apply sanctions to the tenant in the case
Violations of this condition. This violation can serve as a basis for termination of the lease agreement.

It is necessary to bring full list Violations of the contract, which may be the basis for its termination, as well as the timing, during which the tenant is obliged to release the premises occupied in the event of termination of the contract.

If, after the lease agreement expires, the parties did not declare each other about termination of the contract, it is considered exempted indefinitely. Therefore, in the lease agreement, it is necessary to establish the period for which the landlord warns the tenant about the cessation of the lease term.

Rental in the contract should be considered in detail and may include: depreciation, taxes, operating costs, etc. At the tenant or the landlord may be charged
implement overhaul Premises, while determined by the timing of it.


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