Advice 1: What documents are needed for the conclusion of the rental agreement

The lease is between the parties in the case when at least one of them is a legal entity. For most entrepreneurs this is the standard form of the transaction, because they often have to rent premises under office or under capacity. To avoid the danger of terminating the contract before term, it is necessary not only to properly execute it, but to collect and check all documents of the lessor.
What documents are needed for the conclusion of the rental agreement
Instruction
1
Before the transaction the lessor and the lessee should submit to each other their legal documents. The tenant must check them and make sure that the landlord has the full right to conclude a lease that he is the owner of the space or can rent it further. It must also give the tenant evidence of ownership or right to lease, as well as documents BTI: cadastral or technical passport, which is the explication or floor plan showing the premises for lease. In addition, he will be requested to submit the contract of sale or the initial lease agreement concluded with the owner of the space.
2
In the case where the lessor is not the owner, and the tenant is a sublease (paragraph 2 of article 615 of the civil code). The Sublessee is required to check that the initial lease was written the right of the lessee to enter into sublease. And please note that the deadline for the contract of sublease shall not exceed the period for which the signed initial contract.
3
If the landlord is a legal entity, it must also submit an extract from the unified state register and if the physical passport. In the case where the tenant or the landlord are legal persons, they must present to each other constituent documents, and if they act on behalf of the organization – a notarized power of attorney to such deals.
4
At the conclusion of the lease, in accordance with paragraph 1 of article 655 of the civil code, it is necessary to make the act of reception-transmission, which will allow the expiration of the contract or its termination to avoid disputes about the safety of the premises. In this act reflect the actual detail technical condition of the property.
5
In the case where the lease is for a term of more than one year, it shall be subject to obligatory registration in territorial body of Federal registration service at the place of location of the property. The registration statement will need to attach a copy of lease, title and identification documents for real estate, founding documents and a power of attorney confirming powers of the lessor and lessee, and receipt of payment of state duty.
Note
In accordance with paragraph 2 of article 295 of the Civil code, when the certificate of lease provided that the landlord uses the property in the economic management, keep in mind - he has no right to take this property to rent.

Advice 2 : How to rent non-residential premises

The possibility of delivery in rent of non-residential premises depends on the purposes for which it is suitable: for production, warehouse, office, accommodation of the store. Are important as its size and various additional factors. Proceeding from all this, it is possible to understand to whom and in what way it is better to offer: large or small businesses, manufacturing, trading company etc.
How to rent non-residential premises
You will need
  • - the documents confirming the right to legally dispose of the premises;
  • services, advertising;
  • - lease agreement.
Instruction
1
Start with who will be your potential tenant. This will help you choose the advertising platform where you can find exactly your customer. The law of the market is known for: the proposal must be where there is demand for it.
2
Analyze various factors that affect the rental price. This is, first of all, location, convenience of transport, presence of various additional functions.
Rate, what advantages and disadvantages has your premises, whereby it is possible to smooth out certain shortcomings.
The price and expected benefits will allow us to understand the budget limits on advertising. For example, one office area with a dozen or so square meters, it makes no sense to advertise on the boards, stretch posters, radio and television. But in the case of huge manufacturing facilities, the premises ofthe supermarket or the business center of the picture may be different.
3
Make a Declaration, emphasizing the important for the consumer of your option and place it on the resources that are guaranteed reads. It can be as different print media and the message boards of real estate, and industry publications, and network resources, including professional social networks, forums etc. they may be special sections for such proposals.
4
Be willing to meet with tenants to show them the room, to answer tricky questions, to show documentary evidence of your right to dispose of the property.
5
With the tenant that made the decision in your favor, thoroughly discuss all significant terms (payment, rental period and possible extension of your client commitments, etc.) and reflect them in the contract.
A typical lease is easy to find online and modify according to their needs.
In the future, you only need to monitor the timely receipt of payment and to periodically check the condition of the room.

Advice 3 : Is it necessary to register a lease

The lease of real estate refers to those types of treaties which have always been regulated by legislation in most. This is explained by the meaning attached to documents regarding activities of economic entities.
Is it necessary to register a lease



The heads of organizations, many questions arise, concerning the necessity of state registration of the lease. Be aware that the lease may be concluded for a definite period, which is agreed by the parties, and for an indefinite period. A lease of non-residential premises, concluded for a period less than 1 year, do not need to register. Non-residential premises is part of a building or structure. The latest lease agreement subject to state registration only if it is concluded for a term exceeding 1 year in accordance with the rules of civil law.

In some cases, the lease is for a period less than 1 year, e.g. 11 months and then renewed for the same term. In this case you have to refer to the Information letter of the Presidium of the Higher arbitration court of the city of 16.02.2001 guidance that a lease agreement concluded for a period less than 1 year, should считать4 become invalid on the day of his graduation. If at this point a new contract for the same term, the relationship of the parties will be governed by the newly concluded contract, and therefore state registration of this document is not subject.

So, the lease may be subject to temporary certainty (less than or more than 1 year). But sometimes the contract is for an indefinite period of time, i.e. temporal definiteness not. In this case, in accordance with the Civil code, if the lease contract is not specified, it is deemed concluded for an indefinite period. In this case, any of the parties is entitled to withdraw from the contractual relationship by notifying the other party about it for a month, and renting of immovable property – three months. Legislation did not provide any information on the registration of an indefinite lease agreement. However, the Information letter of the Supreme arbitration court reported that the contract is subject to state registration only if is for a fixed term. Otherwise, the contract registration is not required.


Advice 4 : What documents are needed for the conclusion of the rental agreement

The lease is between the parties in the case when at least one of them is a legal entity. For most entrepreneurs this is the standard form of the transaction, because they often have to rent premises under office or under capacity. To avoid the danger of terminating the contract before term, it is necessary not only to properly execute it, but to collect and check all documents of the lessor.
What documents are needed for the conclusion of the rental agreement
Instruction
1
Before the transaction the lessor and the lessee should submit to each other their legal documents. The tenant must check them and make sure that the landlord has the full right to conclude a lease that he is the owner of the space or can rent it further. It must also give the tenant evidence of ownership or right to lease, as well as documents BTI: cadastral or technical passport, which is the explication or floor plan showing the premises for lease. In addition, he will be requested to submit the contract of sale or the initial lease agreement concluded with the owner of the space.
2
In the case where the lessor is not the owner, and the tenant is a sublease (paragraph 2 of article 615 of the civil code). The Sublessee is required to check that the initial lease was written the right of the lessee to enter into sublease. And please note that the deadline for the contract of sublease shall not exceed the period for which the signed initial contract.
3
If the landlord is a legal entity, it must also submit an extract from the unified state register and if the physical passport. In the case where the tenant or the landlord are legal persons, they must present to each other constituent documents, and if they act on behalf of the organization – a notarized power of attorney to such deals.
4
At the conclusion of the lease, in accordance with paragraph 1 of article 655 of the civil code, it is necessary to make the act of reception-transmission, which will allow the expiration of the contract or its termination to avoid disputes about the safety of the premises. In this act reflect the actual detail technical condition of the property.
5
In the case where the lease is for a term of more than one year, it shall be subject to obligatory registration in territorial body of Federal registration service at the place of location of the property. The registration statement will need to attach a copy of lease, title and identification documents for real estate, founding documents and a power of attorney confirming powers of the lessor and lessee, and receipt of payment of state duty.
Note
In accordance with paragraph 2 of article 295 of the Civil code, when the certificate of lease provided that the landlord uses the property in the economic management, keep in mind - he has no right to take this property to rent.
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