Download the lease agreement for non-residential premises. Business portal ways to success Obligations of the landlord under a lease agreement for non-residential premises

1. SUBJECT OF THE AGREEMENT

1.1. The Lessor transfers and the Tenant accepts for temporary use the non-residential premises located at the address with a total area of ​​sq. m. m and owned by the Lessor according to the certificate of state registration of rights to real estate series No. from "" 2019

1.2. The rented premises are provided to the Tenant for use as an office and at the time of lease are suitable for use for these purposes.

1.3. For the duration of this agreement, the tenant is granted the right to access a city telephone number.

2. PROCEDURE FOR TRANSFERING THE PREMISES FOR RENT

2.1. The rented premises, its equipment and property must be transferred by the Lessor and accepted by the Tenant according to the acceptance certificate. When prolonging or renewing a contract, such acts may not be drawn up, because The composition and condition of the rented premises is known to the Tenant.

2.2. From the moment the acceptance certificate is signed, the Tenant must be provided with unhindered access to the rented premises.

3. OBLIGATIONS OF THE PARTIES

The Lessor undertakes:

3.1. Provide office premises specified in clause 1.1 of this agreement.

3.2. In case of accidents and malfunctions that did not occur through the fault of the Tenant, immediately take measures to eliminate them. In case of accidents and malfunctions due to the Tenant's fault, elimination is carried out at the Tenant's expense by the Lessor's forces or by agreement of the parties. The Tenant undertakes:

3.3. Use the premises transferred to him for the purpose specified in clause 1.2 of this agreement, maintain them in good condition.

3.4. Comply with sanitary, technical and fire regulations, comply with the requirements and instructions of the supervisory authorities for compliance with these rules.

3.5. Unhindered access to working hours representatives of the Lessor in order to monitor the condition and operation of the rented premises and the equipment installed in them. In the event of malfunctions of the heating and electrical networks, immediately call the Lessor's representatives, and also take immediate measures to eliminate the malfunctions and preserve inventory items.

3.6. Carry out routine repairs of rented premises at your own expense.

3.7. Ensure the safety of rented premises, appliances and heating systems, electrical networks, ventilation, fire-fighting equipment and other property in the rented premises from destruction, damage and theft. In the event of damage occurring in the absence of the fault of the Tenant and the Lessor, liability for it shall be borne by guilty third parties or, if such have not been established, the costs incurred in this case shall be assigned equally to each of the parties. Have fire-fighting equipment in the rented premises and maintain it in good condition in accordance with the requirements of the fire service.

3.8. Make the payments provided for in this agreement in a timely manner.

3.9. Carry out redevelopment and re-equipment of the rented premises and the devices and systems located in them only with the written permission of the Lessor.

3.10. Notify the Lessor about the upcoming vacancy of the rented premises no later than two weeks before the expected vacation. The premises are handed over to the Lessor according to the acceptance certificate (Appendix No. 1).

3.11. Do not sublease premises without the written permission of the Landlord.

3.12. Carry financial liability for damage caused to the Lessor during accidents inside the leased premises, if the above occurred through the fault of the Lessee, in the amount of the Lessor's actual expenses incurred.

4. PAYMENTS AND COSTS UNDER THE AGREEMENT

4.1. For the premises specified in the first section of this agreement, the Tenant pays rent to the Landlord, based on the agreement of the parties, at the rate of rubles per 1 sq. m. meter of area per month. Sum rent per month is RUB. incl. VAT rub.

4.2. The lessor has the right, no more than once a quarter, to increase the rent by indexing it to take into account inflation, as well as in cases of changes in centrally established prices and tariffs for work and services directly related to the maintenance and operation of the leased premises. The Lessor notifies the Tenant of changes in rent no later than days in advance.

4.3. Payments are made by the Tenant monthly in equal shares of the annual amount no later than the date of the current month according to the invoice issued by the Lessor.

5. RESPONSIBILITY OF THE PARTIES

5.1. If the Tenant fails to pay the rent within the terms established by this agreement, the Lessor may be charged a penalty in the amount of % per day of the overdue amount for each day of delay.

5.2. Payment of the penalty established by this agreement does not relieve the parties from fulfilling the obligations provided for by this agreement.

5.3. The obligation to pay penalties and damages incurred arises from the guilty party after a written claim is presented to it from the other party, with a calculation of the amount of the amount to be paid, the timing of payment and the attachment of documents confirming the validity of this calculation.

6. PROLONGATION AND TERMINATION OF THE AGREEMENT

6.1. The tenant who has properly fulfilled his obligations under this agreement has pre-emptive 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 Lessor, this agreement may be terminated in cases where the Lessee:

• uses the premises (in whole or part thereof) not in accordance with the lease agreement, including in the case of uncoordinated sublease of the premises;
• significantly worsens the condition of the premises;
• fails to pay rent more than two times in a row after the expiration of the payment period established by the contract;
• in case of production needs of the Lessor for the use of leased premises.

At the Lessor's request, the lease agreement is terminated in the manner prescribed by current legislation.

6.4. In case of early termination of the contract, either by mutual agreement of the parties or at the request of the Lessor or Tenant, the rent is paid by the Tenant for the actual use of the leased premises.

7. TERM OF THE AGREEMENT

7.1. This agreement comes into force in 2019 and is valid until 2019.

7.2. All changes to the terms of the contract, including rental rates, must be agreed upon between the parties and formalized in additional agreements. If no agreement is reached between the parties, the dispute is subject to arbitration.

8. OTHER CONDITIONS

8.1. This agreement is drawn up in 2 original copies, one for each party.

8.2. In cases not provided for in this agreement, the parties are guided by civil law Russian Federation.

9. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES

Landlord

Tenant Legal address: Postal address: INN: KPP: Bank: Cash/account: Correspondent/account: BIC:

10. SIGNATURES OF THE PARTIES

Lessor _________________

Tenant _________________

Not only objects with residential status can be transferred into ownership on the territory of the Russian Federation, but also objects that are recognized as non-residential, that is, structures or buildings.

At the same time, what the main purpose of these premises is does not matter.

In addition to the transfer of such objects into ownership, it is allowed to lease the object to third parties. To formalize such relations, the parties must enter into an appropriate agreement.

So, what provisions should be included in a non-residential lease agreement? Here they are:

• Information about each party. Since the parties to such an agreement are usually legal entities, then information about the constituent documents of the parties must be indicated, as well as information about the representatives of each legal entity that participates in concluding the agreement;
• Information about the object of the agreement. The object is a premises that will be leased to a third party. It is necessary to indicate data on the location of the object, its area, as well as other cadastral and technical characteristics;

• The procedure for transferring an object for rent. The parties must indicate to which the object will be transferred, as well as information about the need to draw up a transfer and acceptance certificate upon delivery of the premises;
• Information about the responsibilities of each party;
• Validity period of the document;
• Circumstances in the presence of which the period of validity of the document is extended by the parties;
• Procedure for resolving controversial conflicts between the parties;
• Details of each party, as well as signatures of the parties to the agreement.

Parties to a lease agreement for non-residential premises between individuals

Based on the concluded lease agreement, one of the parties receives the status of lessor. This party is the owner of the premises. The range of his rights is quite wide. He receives the right to inspect the rented premises, charge a fee for the use of that premises by a third party, and demand compensation for losses or damages caused as a result of the possession of the object by a third party.

The second person is the tenant. He receives an object for temporary use. The tenant has the right to sublease the received object if such a provision is provided for in the agreement with the lessor.

The tenant is obliged to pay rent on time and compensate for damage caused due to his fault.

A completed agreement can be terminated on the basis of an agreement accepted by the parties, as well as in unilaterally, in case of gross violations of the provisions of the contract by one of the parties, by applying to a judicial authority.

Features of concluding a lease agreement for non-residential premises between individuals

At the time of entering into the agreement, the parties must determine in advance the burden of sharing the costs that relate to payment utilities. The agreement may provide for the obligation to make utility payments to the tenant. In this case, it is possible to establish a fixed amount for such payments or an amount that will be indicated directly on payment receipts.

In any case, when the parties have approved a fixed amount of utility payments, this amount must be reflected in the provisions of the agreement. When the amount is not reflected, the landlord has the right to demand copies of bills or receipts for utilities each time.

Remember that for such an agreement, the written form is required by law. If this provision is violated, the contract is considered not concluded and does not give rise to rights and obligations.

Please note that if the agreement is concluded for a period that exceeds one year, then the parties must contact Rosreestr for its state registration.

In such circumstances, the agreement receives its legal force only from the moment it is entered into state register information about the temporary owner, that is, about the tenant.

If the registration obligation is not fulfilled, the contract may be declared invalid.

NON-RESIDENTIAL PREMISES No. _____

1. SUBJECT OF THE AGREEMENT

1.1. The Lessor rents out, and the Tenant accepts for rent, non-residential premises (pavilion), located at the address: _________, st. ________, house No.___, hereinafter referred to in the text of the agreement "Room".

1.2. The rented premises are provided to the Tenant for the implementation of entrepreneurial activity - retail and customer service (trade with the possibility of storing inventory).

1.3. Characteristics of the Property being leased: non-residential premises, total area of ​​the rented premises ________ sq.m. The parties established that the area, boundaries and location of the Premises are indicated in the copy floor plan, issued by BTI, which is Appendix No. 1 to this Agreement.

1.4. The premises belong to the Lessor. Basis of ownership: __________________________

1.5. The Lessor guarantees that at the time of concluding this Agreement, the Premises are free from the rights of third parties, are not under arrest and are not the subject of a dispute.

1.6. Integral improvements and all repair and finishing work of the rented premises, as well as all necessary, in the Tenant’s opinion, measures to strengthen and improve protection are carried out by the Tenant at his own expense and only with written notice and consent of the Landlord.

1.7. In cases of destruction, premature wear, damage or damage to the leased property due to the Tenant's fault, the Tenant shall compensate the Lessor for the damage caused in accordance with the current legislation in the Russian Federation.

2. DURATION OF THE AGREEMENT

2.1. This Agreement is valid from ________ to ___., and in terms of settlements - until the parties fully fulfill their obligations.

2.2. Upon expiration of this agreement, the Tenant has the right of priority over other persons to conclude a lease agreement for new term. The tenant must notify the landlord of his desire to enter into such an agreement for a new term three months before the expiration of this agreement.

3. PROCEDURE FOR TRANSFER OF PREMISES

3.1. The transfer of the Premises for rent to the Tenant is carried out according to the Transfer and Acceptance Certificate (Appendix No. 3 to this Agreement).

The Transfer and Acceptance Certificate indicates the technical condition of the Premises at the time of its signing and records the absence or presence of claims by the Tenant to the Lessor regarding the technical condition of the Premises.

3.2. Simultaneously with the transfer of the Premises under the Acceptance Certificate, the Lessor transfers to the Tenant the keys to all door locks of the Premises.

3.3. The return of the Premises is carried out according to the Transfer and Acceptance Certificate within 5 (Five) working days from the end of the rental period in accordance with clause 2.1. of this Agreement or from the date of expiration of the agreement in the event early termination.

4. OBLIGATIONS OF THE PARTIES

4.1. The LESSOR has the right:

4.1.1. Monitor the use of the Premises and compliance with the terms of this agreement;

4.1.2. Monitor the Tenant’s compliance with the terms of this Agreement, in connection with which he has the right to enter the Premises, inspect the Premises and the engineering equipment located therein, in order to verify the permitted use of the Premises, as well as monitor the technical condition of the Premises, the condition of the engineering equipment located therein .

4.1.3. Enter the Premises in the event of emergency situations and circumstances, including, but not limited to: fire, flooding, malfunction or breakdown of engineering systems or criminal attacks on the Tenant’s property by third parties, in order to prevent or eliminate such emergency situations or their consequences.

4.1.4. Require the Tenant to pay rent and utilities on time.

4.1.5. In cases of detection of violations related to the use of the Premises not for the purposes stipulated by this agreement, uncoordinated re-equipment or redevelopment of the premises, significant deterioration in the technical condition of the premises, as well as in cases of failure to fulfill obligations to pay payments under this Agreement, the refusal of the Lessor's representatives to enter the rented premises for inspection, the Lessor has the right to suspend (limit) access to the premises until violations are eliminated and/or disputes are resolved in accordance with the terms of this agreement.

4.2. The LESSOR undertakes:

4.2.1. Transfer the Premises to the Tenant according to the Transfer and Acceptance Certificate in the form established by Appendix No. 3 to this Agreement and confirming the fact of transfer of the Premises.

4.2.2. Provide the Tenant with information and documentation on the issues of ownership, use and operation of the Buildings/Premises, as well as information (full name, telephone number, address) about the responsible persons of the Lessor. If necessary, the Tenant has the right to call the responsible persons of the Lessor at any time of the day in connection with an emergency or emergency situation.

4.3. The TENANT has the right:

4.3.1. Make separable and inseparable improvements in compliance with the terms of this Agreement. Inseparable improvements are made by the Tenant with prior written consent Landlord.

4.4. The TENANT undertakes:

4.4.1. Accept the Premises from the Lessor after signing the Transfer and Acceptance Certificate (Appendix No. 3 to the Agreement);

4.4.2. Use the Premises exclusively for the intended purpose specified in clause 1.2. Agreement.

4.4.4. Maintain proper sanitary condition of the Premises, notify the Landlord and the relevant emergency services about damage, accident or other event that caused damage to the Premises, and take measures to prevent the threat of further destruction or damage to the Premises.

4.4.5. Notify the Lessor about the presence of signs of emergency condition of the Premises, as well as about all accidents or other incidents that may result in damage done The premises. If necessary, take measures to prevent and/or eliminate them.

4.4.6. Eliminate malfunctions and violations of the technical condition of the Premises and the engineering equipment available therein.

4.4.9. Reimburse the Lessor for the cost of repairs, the need for which arose due to the Tenant's fault, if these repairs were not carried out by the Tenant by the time the Premises were vacated and the lease was terminated. The lessor must document the need for this repair;

4.4.10. Ensure compliance in the Premises with the rules of public order, safety precautions, fire safety, industrial sanitation and environmental standards.

4.4.11. Ensure access to the Premises by state fire inspection services and other government bodies that monitor compliance with laws and regulations relating to the use of the Premises, safety regulations, fire safety, industrial sanitation and environmental standards, and within the time limits established by them, eliminate violations identified by them.

4.4.12. On your own and at your own expense, equip the rented premises with fire extinguishers, in accordance with established standards, as well as monitor their condition and maintenance. Carry out maintenance and performance monitoring, keep it safe and sound.

4.4.13. Timely and fully pay the Lessor the Rent in accordance with Section 5 of the Agreement.

4.4.14. Do not sublease the Premises, do not transfer your rights and obligations under the agreement to another person (rental), do not provide the Premises in free use without the written consent of the Lessor, and also not to pledge your rights and not to make them as a contribution to authorized capital business partnerships and societies or a share contribution to a production cooperative, also not to assign or pledge their rights and obligations under this agreement in any other way.

5. PAYMENT PROCEDURE

5.1. Rent. The rent under this Agreement (hereinafter referred to as “rent”) consists of the Basic rent (clause 3.2 of this Agreement) and the Variable rent for actual consumption of utilities (clause 3.3 of this Agreement).

5.2. Basic Rent.

5.2.1. The base rent begins to accrue from the date of signing by the Parties of the Acceptance and Transfer Certificate of this agreement and amounts to _________ (__________) rubles per month, excluding VAT (due to the Lessor's application of a simplified taxation system, the service for leasing the Premises is not subject to VAT.)

5.2.2. Payment of the Basic rent is made before the 5th (Fifth) day of the month for which payment is made, without issuing invoices by the Lessor.

5.3. Variable Rent.

5.3.1. Variable rent begins to accrue from the date of signing the acceptance certificate for the Premises and is calculated based on the cost of all utilities. Electricity, water supply, sewerage are calculated based on the readings of the meters installed in the Tenant's Premises and in accordance with the rates/costs of the relevant utilities established by the suppliers of the relevant utilities. Heating is calculated in proportion to the occupied area.

5.3.2. Within 5 (five) calendar days after the end of the corresponding month, the Lessor provides the Tenant with a written calculation of the consumed utilities and invoices (receipts) of the suppliers of the relevant utilities.

5.3.3. Payment of the Variable part of the Rent is made by the Tenant monthly within 3 (Three) banking days from the moment the Tenant receives from the Lessor the calculation of consumed utilities.

5.4. The Tenant independently enters into an agreement with the provider for connection and provision of a full range of telecommunications services in accordance with the Tenant's needs. Payment of all bills for the services of the provider, as well as all other associated costs, is made by the Tenant independently.

5.5. Payments under the Agreement are made non-cash by transfer cash to the Lessor's account specified in this Agreement, or by depositing cash into the Supplier's cash desk, or in any other way not prohibited by law in the following order.

5.6. The billing month is the calendar month. In cases where rent is paid for a period of less than a full calendar month, the rent is calculated in proportion to the period of actual use of the Premises, based on the fact that the duration of the billing month is equal to the number of days in the current calendar month.

The rent is accrued until the Tenant returns the Premises to the Landlord under the Transfer and Acceptance Certificate.

5.7. The Tenant's obligation to pay rent is considered fulfilled from the moment the funds are credited to the Lessor's current account, or the date the cash is deposited into the Lessor's cash desk.

5.8. The rent amount can be revised no more than 1 (one) time per year. In this case, the Lessor undertakes to notify the Tenant in writing no later than 30 (thirty) calendar days before the introduction of the new Basic Rent amount.

5.9. The tenant is required to make a security deposit in the amount of the basic component of one month's rent, which is subsequently counted towards the last month of rent. The Lessor has the right to indisputably (without going to court) withhold from the amount of the security deposit the funds necessary to repair damaged property and/or restore the violated rights of the Lessor.

The Tenant is notified of the withholding in writing, accompanied by documents justifying the withholding.

During the term of this Agreement, if the Lessor writes off any part or all of the security payment, the Tenant is obliged to reimburse the security payment up to the original amount (pay the Lessor funds corresponding to the amount of funds written off by the Lessee due to the security payment) within 5 (five) banking days from the date of receipt of the Lessor's notice.

Upon expiration or early termination of this Agreement without any violation on the part of the Tenant, the security deposit shall be counted by the Lessor towards payment of the User Fee for the last month of the Lease Term (minus any amounts written off in accordance with this Lease Agreement, if they were not reimbursed by the Tenant).

The amount of the security deposit is subject to increase in connection with the increase in the Basic rent under this Agreement (in accordance with clause 5.8.), the Tenant is obliged to pay the Landlord the corresponding amount within 5 (five) banking days from the date of signing by the parties of the additional agreement to this Agreement, which establishes such an increase .

5.10. The cost of inseparable improvements is not reimbursed by the Lessor.

6. RESPONSIBILITY OF THE PARTIES

6.1. For failure to fulfill or improper fulfillment of obligations under this Agreement, the Parties are liable in accordance with the current civil legislation of the Russian Federation, which will be applied in all other cases not regulated in the agreement, but arising in connection with it.

6.2. The parties, during the period of validity of the concluded agreement, for each case of detection of an emergency condition of plumbing, electrical and other equipment, damage, malfunction or other defect of engineering communications of the Premises, no later than 3 (three) days from the moment of discovery, establish the circumstances and reasons for them occurrence and amount of damage caused, which is drawn up in an Inspection Report, which is signed by representatives of each party.

If a dispute arises about the reasons for the incident or one of the Parties refuses to sign the Inspection Report, either Party has the right to conduct independent examination and an assessment of what happened.

6.3.If the Tenant violates the terms of payment of any payments , provided for in this Agreement, the Tenant is obliged to pay a penalty in the amount of 0.1 (zero point one)% of the debt amount for each day of delay. The penalty specified in this paragraph shall be payable by the Tenant from the day following the day on which the payment is due until the date the Tenant makes the actual payment.

6.4. If there is a delay in paying the payments specified in clause 5.2, clause 5.3. of this Agreement for a period of more than 5 (Five) calendar days from the day following the day on which the payment is due, the Lessor writes off the Security Deposit paid by the Lessee. In this case, the Lessor notifies the Lessee of a notice of debiting the Security Deposit, and in this case the Lessor has the right to unilaterally judicial procedure refuse this Agreement. At the same time, the Lessor reserves the right to limit the access of the Tenant (his representatives) to the rented Premises.

6.5. If the Tenant does not transfer the Leased Area to the Lessor within the period specified above, he is obliged to pay to the Lessor for this period of delay in returning the Leased Area an amount equivalent to 0.5% (zero point five percent) of the amount of the monthly Base Rent for each day of delay, and also reimburse all costs, expenses and losses incurred by the Lessor in connection with such delay.

6.6. If the Tenant fails to comply with clause 4.4.10. of this agreement, the Tenant is obliged to reimburse the Lessor for all costs legal proceedings, which may result from the Tenant’s failure to comply with clause 4.4.10. of this Agreement. The Tenant is also obliged to compensate the Lessor for losses associated with the imposition of penalties on the Lessor by any authorized bodies. Reimbursement for these losses and expenses is made by the Tenant within 5 working days from the date the Landlord provides supporting documents.

6.7. The tenant bears full responsibility for damage to the Rented Area caused by himself or his employees. In the event of any damage, the Tenant undertakes to compensate the Lessor for such damage in full within 2 (two) days after receiving written notice from the Lessor. The notice specified in this paragraph must contain information about the nature of the damage caused, accompanied by an estimate for its elimination.

6.8. The parties are released from liability in the event of force majeure, which, in particular, includes extraordinary and unpreventable circumstances under given conditions (natural disasters: earthquakes, floods, military actions, as well as legislative acts government agencies and authorities local government). The Party for which force majeure circumstances have occurred must notify the other Party in writing of this no later than 14 (fourteen) calendar days from the occurrence of such circumstances, otherwise it is deprived of the right to refer to them in the future as force majeure circumstances.

6.9. In the event of the occurrence of force majeure circumstances, the deadline for the Party affected by these circumstances to fulfill its obligations under this Agreement is postponed for the period during which such circumstances and their consequences apply.

6.10. In cases where force majeure circumstances continue to apply for more than 60 (Sixty) calendar days or when it becomes clear that their consequences will last longer than this period, the Parties are obliged to negotiate in order to identify alternative methods of execution of this Agreement acceptable to them. If an agreement is not reached within 30 (thirty) calendar days from the start date of negotiations or the start date is not agreed upon, either Party has the right to unilaterally refuse to fulfill its contractual obligations. In this case, the Tenant returns the non-residential building to the Landlord in the manner prescribed by this Agreement.

7. TERMINATION OF THE AGREEMENT

7.1. Early termination of the contract is permitted:

By agreement of the parties;

In court, at the initiative of one of the parties, in the manner and on the grounds provided for by this agreement or the current legislation of the Russian Federation (Articles 619, 620 of the Civil Code of the Russian Federation);

In the cases provided for in this Agreement.

7.2. The Lessor has the right to unilaterally extrajudicially terminate this Agreement by refusing to execute it by sending appropriate written notice at least one month before the expected date of termination. In this case, evidence and confirmation of termination of the contract will be a copy or original of the notice with a receipt stamp or a postal notification of delivery of the notice by letter with a list of attachments.

1. SUBJECT OF THE AGREEMENT

1.1. The Lessor transfers, and the Tenant accepts for temporary use, non-residential premises, with a total area of ​​sq.m., located in the building, cadastral (conditional) number: , at the address: , hereinafter referred to as “Premises” (according to the Plan-scheme of the rented premises - Appendix No. 1 to the Agreement).

1.2. The tenant intends to use these premises for the purpose of conducting activities not prohibited by the legislation of the Russian Federation, namely: .

1.3. The property is the property of the Lessor on the basis of a Certificate of State Registration of Rights.

1.4. The lessor guarantees that the premises leased are not mortgaged, seized or encumbered with the rights of third parties.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The Lessor undertakes:

2.1.1. Transfer the Premises to the tenant under the Transfer Deed within the time period agreed upon by the Parties.

2.1.2. Provide the Tenant with access to the rented Premises.

2.1.3. Do not interfere with the activities of the Tenant.

2.1.4. If technically possible, at the Tenant's request, provide the Tenant with the necessary utilities: at the Tenant's expense.

2.1.5. Produce major renovation the building in which the rented Premises are located, as the relevant need arises.

2.2. The tenant undertakes:

2.2.1. Pay rent, as well as other obligatory payments in the manner and within the terms stipulated by this agreement.

2.2.2. Do not carry out redevelopment (re-equipment) in the rented Premises, without written approval of such redevelopment from the Lessor and authorized government bodies.

2.2.4. At your own expense, carry out routine repairs of the rented Premises to maintain them in working condition, as well as provide the necessary improvement of the adjacent territory.

2.2.5. Follow all necessary fire safety regulations and sanitary requirements requirements for these Premises, taking into account their purpose and the activities carried out in them by the Tenant (clause 1.2 of the Agreement). And in the event of claims by regulatory government bodies (supervisory bodies) against the Lessor or the intention of these bodies to impose penalties on the Lessor in connection with non-fulfillment or improper fulfillment of the above requirements in the leased Premises - administrative, criminal and other liability arising from these facts in full is borne by the Tenant.

2.2.6. No later than days from the date of acceptance of the premises under the Transfer Act, provide the leased Premises (installation, commissioning and commissioning) with the necessary fire alarm and fire extinguishing equipment, as well as maintain the relevant systems in proper working order.

2.2.7. Eliminate accidents (and their consequences) that occurred due to the Tenant’s fault in the rented Premises.

2.2.8. Without the written consent of the Lessor: do not transfer your rights and obligations under this agreement to third parties; not to provide rented Premises for free or paid (sublease) use, not to provide rental rights as a contribution to the authorized capital or a share contribution.

2.2.9. Allow the Lessor (including Technical Personnel) to enter the leased Premises to monitor compliance with the terms of this agreement and prevent possible emergency situations, and, if necessary, performers of work on maintaining communications and eliminating accidents.

2.2.10. Compensate the Lessor for damages in full, in the amount of the cost of returning the Premises to their previous condition: in the event of a fire or accident that occurs in the rented Premises due to the Tenant's failure to comply with fire safety rules or improper operation of the Premises, communications, violations of safety regulations; or implement refurbishment on your own and/or at your own expense.

2.2.11. Comply with the requirements of the legislation of the Russian Federation on recruitment foreign citizens and stateless persons. Eliminate facts of illegal hiring of migrants in your activities.

2.3. The security of the rented Premises and other property owned by the Tenant is carried out by the efforts and at the expense of the Tenant. Access control is in effect on the Lessor's territory in accordance with the Lessor's work schedule.

2.4. Collection, storage, removal of garbage, household and hazardous waste is carried out by the Tenant independently at his own expense.

2.5. Control of utility metering devices is carried out by the Lessor.

2.6. The Lessor has the right to cut off electricity in the Tenant's premises when emergency situations- without warning, and in case of a sharp increase in own electrical capacity, as ordered by the Energonadzor and Energosbyt inspection, in case of late payment, as well as in case of violation of operational standards and requirements - subject to written warning to the Tenant at least 24 hours before the expected time of shutdown.

2.8. Smoking of the Tenant's staff and clients in the rented Premises and in the surrounding area is strictly prohibited. In addition, smoking of the above-mentioned persons is prohibited throughout the Lessor's territory, with the exception of specially designated smoking areas located and equipped in accordance with the requirements of the legislation of the Russian Federation.

3. PAYMENTS AND SETTLEMENT PROCEDURE

3.1. The rent for the premises specified in clause 1.1 of the Agreement consists of a fixed and variable part.

3.1.1. The amount of the constant part of the rent is rubles per 1 sq.m. per year.

3.1.2. Payment of the permanent part of the rent is made by the Tenant independently on the basis of this agreement before the date of the paid month.

3.1.3. Within banking days from the date of conclusion of this agreement, the Tenant shall pay the Lessor the rent for the last month of rent under this agreement. Payment for the last month of rent is considered a deposit and is kept by the Lessor; if necessary, the amounts of penalties, fines, and other types of liability of the Tenant to be paid are deducted from the specified amount. This amount is counted as payment for the last month of rent. If the Lessor has deducted from the specified amount, the Tenant is obliged to replenish the specified amount within banking days to offset it as payment for the last month of rent.

3.2. The variable part of the rent includes utility bills: expenses for. Payment for utilities is made by the Tenant on the basis of the Lessor's invoices, within banking days from the date of invoice.

3.3. The Tenant transfers the rent to the Lessor's bank account in Russian rubles. The Tenant's obligation to pay rent and other payments provided for in this agreement is considered fulfilled from the date of receipt of funds to the Lessor's current account or another current account specified by the Lessor.

3.4. The amount of rent may be changed by the Lessor unilaterally, subject to written notification to the Tenant no later than calendar days before the expected date of change.

3.5. The parties have agreed that, regardless of the date of conclusion of this agreement, the calculation and accrual of the fixed and variable parts of the rent for the premises specified in clause 1.1 of the Agreement is carried out by the Lessor starting from the date of signing by the Parties of the Transfer Deed, according to which the Lessor transfers the premises to the Tenant, in in accordance with clause 2.1.1 of the Agreement.

4. RETURN OF RENTED PROPERTY

4.1. The Tenant is obliged to return the Premises to the Landlord no later than business days from the date of termination of the lease agreement in the condition in which he received it, taking into account normal wear and tear. The cost of inseparable improvements made with the written consent of the Lessor is reimbursed by the Lessor in full by reducing the monthly rental payments, starting from the next month after written approval of improvements, formalized by an additional agreement to this agreement. The Tenant is obliged to notify the Lessor in advance of the intention to make inseparable improvements.

4.2. When accepting/returning the Premises, the Parties draw up a Transfer Deed (return deed), which is signed by their authorized representatives.

5. RESPONSIBILITY OF THE PARTIES

5.1. In case of delay in any of the payments under this agreement for a period of more than banking days, the Tenant shall pay the Lessor a penalty in the amount of % of the amount due for each day of delay.

5.2. In case of delay in returning the Property, the Tenant shall pay the Lessor the time of actual stay in the rented premises for the entire period of delay in return, as well as a fine in the amount of % of the cost of the constant part of the monthly rent.

5.3. In the event of early termination of the contract at the initiative of the Tenant in violation of the deadline or without prior notice of its intention to terminate the contract (clause 6.2 of the Agreement), as well as by the Lessor on the grounds specified in clause 6.3 of the Agreement, the deposit specified in clause 3.1.4 of the Agreement , is not returned to the Tenant, is not counted by the Landlord as payment for the last month of rent, but is counted as penalties.

5.4. Damage caused by non-fulfillment or improper fulfillment of its obligations under this agreement shall be compensated in full by the guilty party. Damage (documented) is compensated in addition to the penalty (fine, penalty) provided for in this agreement.

5.5. Claims (fines) of regulatory state bodies (supervisory authorities) to circumstances, objects, objects or relations directly related to the activities of the Tenant and related to the subject of this agreement are subject to unconditional compensation by the Tenant. The amount of the fine imposed on the Lessor, in case of violation by the Lessee of the requirements of the law and/or the order of the authorized state control (supervisory) body, is subject to compensation (transfer) to the Lessor within banking days from the date of receipt by the Lessee of the corresponding request of the Lessor.

5.6. In the event of the imposition of any penalties by organizations selling utilities on the Lessor for overexpenditure, etc., the Lessor has the right to demand the amount of the fine from the Tenant, and the Tenant is obliged to make the specified payment no later than banking days from the date the Lessor sends a written request for this .

5.7. In case of violation by the Tenant (its staff and/or clients) of clause 2.8 of the Agreement, the Tenant is obliged to pay the Lessor a fine in the amount of a constant part of the monthly rent no later than banking days from the date the Lessor sends a written request for this.

6. TERM OF THE AGREEMENT

6.1. This agreement is considered concluded from the date of its signing by the Parties and is valid until 2020 inclusive.

6.2. The Tenant has the right to terminate this agreement unilaterally, subject to notification to the Lessor of the intention to terminate the agreement, no less than days before the expected date of termination.

6.3 The Lessor has the right to terminate this agreement unilaterally, subject to notification to the Tenant of the intention to terminate the agreement, no less than days before the expected date of termination, or at any time at its discretion if the following violations are identified:

• if the Tenant uses the premises leased to him for other purposes and/or in violation essential conditions this lease agreement;
• if the Tenant carries out work on the reconstruction and redevelopment of the rented premises or changes in the design of these premises without written consent from the Lessor and coordination of such changes with authorized organizations;
• if the Tenant is late in paying lease payments or other payments agreed upon by the Parties for a period of more than banking days.

6.4. The tenant, upon expiration of the term of this agreement, has, other things being equal, a preferential right over other persons to conclude (extend) the lease agreement for the premises specified in this agreement for a new term on terms additionally agreed upon by the Parties.

7. ADDITIONAL CONDITIONS

7.1. The parties are released from liability, including for complete failure to fulfill obligations under this agreement, its additional agreements, if this is a consequence of force majeure circumstances independent of the will of the Parties (force majeure), which must be documented.

7.2. All disputes related to the conclusion, execution, termination, interpretation of this agreement will be resolved through negotiations. If the disputes and disagreements that arise cannot be resolved through negotiations, they will be submitted by the parties for consideration and resolution in arbitration court by location.

7.3. In all other respects that are not provided for in this agreement, the parties will be guided by the current legislation of the Russian Federation.

7.4. This agreement has been drawn up in two identical copies having equal legal force.

Please note that the lease agreement was drawn up and checked by lawyers and is approximate; it can be modified taking into account the specific conditions of the transaction. The Site Administration is not responsible for the validity of this agreement, as well as for its compliance with the requirements of the legislation of the Russian Federation.

A transaction for the lease of non-residential premises between a citizen (an individual without the formation of an individual entrepreneur) and an organization (LLC or an enterprise of another legal form) has the following specifics:

Parties

The legislation of the Russian Federation does not impose special requirements on entities acting as parties to a lease agreement for a non-residential property.

ATTENTION! The landlord and tenant can be legal entities (private, public companies), individuals with civil legal capacity and individual entrepreneurs.

For what period is it better to conclude?

The legislator has established three types of terms for concluding contracts:

• indefinite period;
• less than one year;
• more than one year.

Contracts concluded for an indefinite period and for a period less than a year, are not subject to registration Therefore, when concluding such types of transactions, the parties free themselves from the paperwork associated with document registration.

If the parties sign an agreement for a period of more than one year, they need to register the agreement with the authorized government agency.

A standard contract usually includes clauses:

• date of document preparation;
• data of the subjects of the agreement (lessor and tenant);
• subject of the contract, information about it;
• rights, obligations of the parties;
• payment terms, payment amounts, payments for electricity, heating and others;
• liability of participants for violation of the terms of the transaction;
• duration of the contract, terms of extension, termination;
• legislation on which the participants relied when drawing up the agreement.

In the final part of the document:

1. details of the parties are indicated;
2. the signatures of an individual and an authorized representative of the organization are affixed;
3. seal of the organization.

IMPORTANT! If the lease agreement for a property does not include conditions that are defined by law as essential, it may be declared invalid in court.

Below is a sample lease agreement for non-residential premises between an individual and an LLC, as well as other samples.

How to draw up a document?

An agreement on the lease of a non-residential property between a citizen and an organization is drawn up exclusively in writing. The parties can draw up an agreement on a standard form.

To draw up a document they need the following documents:

When is registration required and how to do it?

A real estate lease agreement must undergo a mandatory registration procedure with a government agency if the period specified therein exceeds 12 months.

ATTENTION! Such an agreement is considered concluded only after its state registration.

The authorized body that formalizes transactions related to the registration of lease agreements for real estate is the Federal Registration Service (FRS). federal service state registration of cadastre and cartography). Submit an application to the authorized government structure any party to the transaction has the right.

List of documents submitted to the authority that registers transactions:

1. a written application from a citizen or representative of an organization with a request to carry out state registration of the transaction in 1 copy;
2. original passport or other identification document of the applicant;
3. a duly certified copy of a document certifying the person’s right to represent the interests of the organization in 2 copies;
4. original and copy of a document certifying the right of the person who signed the agreement on behalf of the organization to perform this action in 1 copy;
5. original rental agreement for the property with attachments in 2 copies;
6. a document (technical or cadastral passport) describing the leased property, issued before 03/01/2008 (with a mandatory certification mark of the authority that issued the document) in 1 copy;
7. original act of acceptance and transfer of the object in 2 copies;
8. original and copy of payment document state duty in 1 copy.

Taxation issues

Renting non-residential premises brings profit to the lessor, in this case the individual who rents it out and makes a profit in the form of rental payments. Such income by law must be subject to personal income tax (NDFL). The tax rate on this type of income for individuals is 13% of profit.

Personal income tax is paid in the manner and within the time limits provided for by the Tax Code of the Russian Federation(Tax Code of the Russian Federation). According to Art. 228 of the Tax Code of the Russian Federation, persons who received income must pay personal income tax before July 15 of the year following the tax period. The declaration is submitted to the tax office at the place of residence of the individual no later than April 30 of the year preceding the tax period.

IMPORTANT! Individual that does not deduct taxes on profits may be subject to criminal or administrative responsibility.

Termination of the agreement

Conditions for termination of the contract:

• with the consent of the parties to the transaction, when they voluntarily draw up and sign an agreement to terminate the contract;
• upon expiration of the terms agreed upon by the parties in the agreement, unless it establishes a condition for its automatic extension;
• if the parties violate the terms of the transaction.

If one of the parties to the contract violates its terms, only a court can declare the transaction terminated.

Conclusion

The principles for concluding a lease agreement for non-residential premises are the same, regardless of the parties involved in the contractual relationship, be it an individual. or legal faces. The legislator does not establish restrictions on concluding rental transactions between a citizen and an organization. The only main condition for concluding an agreement is compliance with a simple written form.