Useful Tips

How to check a lease

Pin
Send
Share
Send
Send


The stages and features of the process of renting offices and other premises for commercial activities are regulated and regulated by the 34th chapter of the Civil Code of the Russian Federation. According to the current law, all the nuances and conditions of the lease must be clearly spelled out in the contract that is concluded between the lessee and the lessor. By the way, renting offices from the owner in Moscow without intermediaries is available at http://www.realty-inform.ru/arenda_ofisa/ to everyone.

The main responsibilities of the person who leases the premises includes maintaining the area in the proper form and carrying out major repairs if necessary. The tenant is obliged to carry out cosmetic repairs, maintain cleanliness and pay ongoing maintenance costs.

Other conditions for leasing commercial real estate are prescribed in the contract. At the same time, it is advisable to attract a competent lawyer who will help identify possible future violations by the lessor and the tenant.

How to check landlords

Today, renting premises for offices and other commercial purposes is actively practiced. This provoked a regular occurrence of cases of fraud and dishonest attitude of the lessor to the lease. When choosing a rented area, it is recommended:

  • pay attention to the feedback of other tenants and the opinions of persons who are in direct contact with the landlord,
  • choose a landlord about whom you can get information and data,
  • It is recommended to refuse to rent the premises even on the most favorable conditions, if nothing is known about the landlord,
  • It is worth noting that responsible and serious landlords or persons officially representing them are open for communication, discussion and clearly answer the questions posed,
  • It is recommended to refuse the services of landlords offering cooperation without creating and signing a contract.

Before concluding a lease, it is mandatory to:

  • make sure that the leased property is actually owned by the lessor or that he has the legal rights to lease it. As confirmation can serve as a certificate, extract from the Unified State Register of Enterprises and other technical documentation,
  • the tenant needs to check if the premises have the necessary engineering networks and systems, because the owner of the object is not interested in whether the tenant is provided with electricity or water.

These simple tips will help you not to be cheated and check the landlord. Before signing the contract, you must carefully read all of its points. If at least one proposal is in doubt, it is best to consult with a lawyer.

How to check tenant reliability

Any landlord wants to minimize the time spent on monitoring, receive a stable income and does not want to get problems associated with renting his property.

The reliability of the tenant depends on his personal qualities and financial situation. Therefore, before signing the contract, you must:

  • Learn business experience: how many years a company or individual entrepreneur exists, business sphere, prospects.
  • Check all documents. Regardless of the tenant's confidence, one should neglect and ignore the standard procedure for checking all the necessary documentation relating to the person himself and his business. You must make sure that all the documents submitted belong to the person who, after the conclusion of the contract, will be referred to as the tenant.
  • The opinions of others. It is recommended to ask where the person rented the area earlier and contact previous landlords to find out about solvency and other information regarding the company or individual entrepreneur.
  • Do not rent out the space to people whose business is associated with illegal and dubious activities.

When creating and executing a contract, it is imperative to comply with all the requirements and norms of the current legislation. It is necessary to indicate in the contract the clauses that provide for the use of instruments of influence on the tenant: register in the contract document the possibility of imposing penalties, discuss the right to visit the facility to control the safety of the premises, property and intended use of the premises.

What is written in the lease

Imagine that we have two companies: Olympus and Office Plus. Olympus rents a room, Office Plus rents it. Before entering the premises, they sign a lease.

As in any agreement, the lease agreement has essential and additional conditions. According to the Civil Code, the essential conditions are those without which the contract does not have legal force.

In a lease, the only essential condition is the leased asset. If desired, two more important conditions can be added: the premises cannot be subleased or overhauled.

The contract may have additional conditions. "Office Plus" prescribes a method of payment, rental vacation, rental period. Without these conditions, a contract can be concluded, it will have legal force, but they are needed to be safe in case of disputes.

Before signing a lease, Office Plus must check each item. There may be conditions in the contract due to which you will have to pay more or suddenly stay with things and employees on the street. Here are some things to check:

  • landlord
  • rental object
  • rental period
  • rent price,
  • rental holidays
  • security payment
  • inseparable improvements
  • conditions for early termination.

And now about each item.

Check Landlord

First of all, Office Plus checks who owns the premises that Olimp rents out and who signs the contract.

The landlord's legal entity exists and works: the company works, is not in the process of liquidation or bankruptcy. Information on this is in the extract from the register of legal entities. It can be downloaded from the tax website:

In the extract you need to see that the company is not in the process of liquidation. Otherwise, there will be such a mark:

The second point: the statement should not indicate that the information about the company is false:

If Office Plus finds one of these marks in the statement, it should not enter into a lease with Olympus. The property of Olympus will be sold before liquidation, and there will be a new owner. The lease from this will not cease to be valid, but the new owner may go to court for termination. Have to go on ships and waste time.

Who signs the contract. According to the law, a general director or an employee with a valid power of attorney can sign an agreement on behalf of a legal entity.

The director does not need a power of attorney, but you need to check that he is really the director. For this, you also need an extract from the register of legal entities.

For some transactions, the director cannot make decisions himself; he needs the consent of all company participants. Otherwise, it may turn out that he will hand over the premises, but the contract will be invalid. Participants will say that they did not give consent to the lease, and the tenant will have to move out.

Information on the powers of the director can be confirmed in the charter. The charter is an open document. If Office Plus asks him to see, Olympus cannot refuse.

The following phrase should alert you:

“The General Director makes transactions on behalf of the company if their value does not exceed 2,000,000 rubles” “

For example, we took 2,000,000 rubles, but the amount can be any. If it is indicated and the cost of the lease under the contract is more than this amount, the director needs the approval of other participants.

Before signing the lease, the director of the Office Plus asked for the constituent documents of Olympus.

The rent is 230,000 rubles per month, the contract is for 11 months. According to the charter, the director of Olympus cannot sign contracts worth more than 2,000,000 rubles, and the transaction amount is 2,530,000 rubles.

Therefore, the director of Office Plus asked for the minutes of the meeting of participants with the approval of the contract. Without approval, the contract would be invalid.

Checking powers of attorney for details on the website of the Federal Notary Chamber

If the contract is signed by the employee, he must have a power of attorney, better notarized. But even with a notarized power of attorney there are risks: it may already be revoked or not genuine. This can be checked on the website of the Federal Notary Chamber:

Who owns the room. If someone offers to rent a room, it does not mean that he is the owner. He could also rent a room, and then sublet it. For example, Olympus rented a room in ten rooms, but two rooms are empty, and he invites Office Plus there.

To make sure that the landlord is the owner of the premises, you need an extract from the register of rights to real estate. To check it, you need to ask the landlord to get an extract from the Rosreestr or MFC. It looks like this:

In an extract from the USRN, “Office Plus” checks items one through four:

  • room description and exact address,
  • who owns the room. You need to see if the owner and the person who signs the agreement are the same.

  • If there is an encumbrance, you need to check the mortgage agreement. According to the law, the owner can lease premises if there is no direct prohibition in the pledge agreement. Otherwise, there is a risk that the owner will not repay the loan and lose the building. Then the bank will demand to terminate the lease, and the tenant will have to leave.
  • Until July 15, 2016, instead of an extract, a certificate of ownership was issued.

    If the landlord works under a sublease agreement, he must have permission from the owner. Otherwise, the contract may be terminated by a court decision. Office Plus must ask permission from Olympus. It can be in a lease with the owner or in a separate letter. The wording is as follows:

    “The lessee may sublet the leased property, transfer its rights and obligations under the lease to another person and do everything that is provided for in paragraph 2 of Art. 615 of the Civil Code of the Russian Federation. Consent from the landlord is not necessary. ”

    If this is not in the contract, ask for a letter with the consent of the owner of the premises. Here is an example of such a letter:

    The letter must indicate the tenant, the lessor and the rental object. The sub-tenant is optional. In our case, there will be no mention of “Office Plus” in the consent.

    Description of the room

    The contract describes the premises in detail, in the language of lawyers this is called the leased object. The description should include:

    • the exact address,
    • room area
    • where the room is in the building,
    • area.

    All this should coincide with the technical passport of the room. The room should be described so that it can be found from the description:

    Safe wording

    A room with a total area of ​​100 m² (one hundred square meters) in the Krymsky Val business center

    Non-residential premises with a total area of ​​100 m² (one hundred square meters) on the 3rd floor of the building at the address: 119049, Moscow, Krymsky Val, house 3, building 2, cadastral number of the building 77: 07: 0002309: 10980.

    A detailed description of the premises, its characteristics, floor plan are contained in Appendix 1 to this agreement.

    The premises are owned by the lessor by right of ownership.

    Registration entries in the Unified State Register of Rights - No. 77-01-00 / 01 / 1999-6788 of May 20, 1999, state registration certificate No. AA 009675 of May 20, 1999.

    Previously, the courts recognized the contract as invalid if the premises are not described in sufficient detail. But the Supreme Arbitration Court explained as follows: if it can be proved that the landlord used the premises, the contract cannot be invalidated. In other words: if the landlord was able to find the premises and work in it, then everything was in order with the description.

    We recommend that you verify that the room is as detailed as possible.

    Term and cost increase

    Typically, the contract is concluded for eleven months. According to the law, contracts for a longer period must be registered with the Rosreestr, otherwise it will be invalid. For registration, you need to prepare a large package of documents and pay a fee of 22,000 rubles. Now we will not touch on this topic, we will describe it in another article.

    You don’t have to write a deadline at all, then the contract will be considered indefinite and you do not need to register it. If the term of the contract is more than a year, it is important to check how the rental price will change.

    The law says that the cost can be changed, but not more than once a year.

    Office Plus entered into a perpetual lease with Olympus. The rental price is 130,000 rubles per month.

    Office Plus settled down, built a showroom. Two years passed, and Olympus decided to double the rent. Office Plus faced a choice: spend money on moving and a new showroom or pay twice as much.

    The change in rent can be described as you like, the main thing is to make it clear. You can, for example, make a table:

    The cost of rent per month, rubles

    February 1, 2018 - February 1, 2019

    February 2, 2019 - December 2, 2019

    from December 3, 2019

    It is not necessary to describe exactly so. The main thing is to understand how the cost of rent changes. Here is an excerpt from a real contract:

    Instead of a table and the exact dates for changing the cost of rent, you can come up with a formula. For example, this: 100,000 * k, where k is the coefficient of change in rent.

    Rental period
    The cost of rent per month, rubles

    February 1, 2018 - February 1, 2019

    February 2, 2019 - December 2, 2019

    from December 3, 2019

    It is not necessary to describe exactly so. The main thing is to understand how the cost of rent changes. Here is an excerpt from a real contract:

    Instead of a table and the exact dates for changing the cost of rent, you can come up with a formula. For example, this: 100,000 * k, where k is the coefficient of change in rent.

    Rental period
    Changes in the cost of rent with a coefficient k, rubles

    February 01, 2018 - January 01, 2019

    1 * 100 000 = 100 000 ₽

    January 2, 2019 - December 2, 2019

    1,2 * 100 000 = 120 000 ₽

    From December 3, 2019

    1,4 * 100 000 = 140 000 ₽

    A perpetual contract can be terminated at any time. To do this, you need to send a second party a notice of three months. You can specify a different deadline for sending the notice in the contract.

    Rent

    Before signing the contract, Office Plus checks what is included in the rent and on which tax system the lessor works.

    The rent usually consists of three parts:

    • payment to the owner. It can be in money or real size, for example, bags of potatoes, fixed or variable - for example, payment can be tied to the dollar,
    • communal payments. This is a payment for electricity, water, land rent. It happens that the land under the building belongs to the city. The owner of the building leased the land and built the building. He pays the rent for the land and can agree with the lessors to compensate for the costs.
    • If these expenses are included in the rent, the wording is: “The rent includes payments for the use of the rented premises, the costs of renting the land on which the building is located, electricity, utility bills.”
    • operating costs. They are included when the landlord wants the tenant to pay him part of the cost of the building. For example, for Office Plus to pay Olympus for cleaning corridors, toilets, or snow.

    If this is not described, additional costs may arise. The landlord will insist on payment, and the tenant will refuse to pay. If it comes to court, he will most likely be on the side of the landlord.

    Before concluding an agreement, Office Plus needs to know the Olympus tax system. If he works on a common system, the contract shall indicate the amount of rent with VAT:

    “The rent is 100,000 rubles per month, including VAT - 15,254.23 rubles.”

    If you do not allocate the amount of VAT in the contract, the lessor will be able to invoice the amount of the lease and add VAT on top. That is, we agreed on an office for 100,000 rubles, and you will have to pay 118,000 rubles.

    To prove that the amount from the contract already includes VAT, will have to be in court. Moreover, the court can both agree to this and refuse. Such precedents already exist.

    In addition to the amount of the lease, the agreement must have the following conditions:

    • payment procedure - in cash, to the current account, with bags of potatoes,
    • frequency - once a month, once a quarter,
    • the lease payment term is up to such a date.

    You can use this wording:

    “The rent is charged from the day when the landlord transferred the premises to the lessee according to the acceptance certificate, and until the end of the contract.

    The tenant pays rent a month in advance no later than the 5th day of the current month. For example, payment for September must be paid before September 5.

    The rental payment for each incomplete month is calculated in proportion to the actual number of days during which the rented premises were used. "

    The law does not limit in any way the wording, but it is necessary to describe the cost in as much detail as possible.

    Rental vacation

    And now for the pleasant. If Office Plus decides to make repairs and does not use the premises at this time, it may not pay rent. This is a rental vacation, and they must be prescribed in the contract.

    If the tenant and the landlord agree that the tenant paints the walls for a month, carries furniture and does not pay rent, this can be described in the contract as follows:

    “The rental price for the first and second month of rental is half of the rental price.”

    Главное — не писать, что арендатор будет пользоваться помещением бесплатно. Налоговая посчитает это доходом арендатора, и придется заплатить с этой суммы налог на прибыль.

    «Стронг» арендовал помещение под магазин. He agreed with the landlord that he would make repairs for three months without rent.

    In the second quarter, Strong indicated the rent in its expenses in the income tax return. Tax demanded to provide supporting documents.

    When the tax authority received the lease and learned about the vacation, she considered that for Strong it was income, because he used the premises for free. You must pay income tax on this income. "Strong" was indignant, went to court and lost.

    The Supreme Arbitration Court agreed with the tax and issued an explanatory letter: gratuitous property or service is considered non-operating income. With this amount you need to pay income tax.

    Security payment

    The landlord does not return a security payment - on the Dela website

    Olympus may ask the Office Plus to pay a security deposit. This is insurance in case “Office Plus” writes indecent inscriptions on the walls during corporate parties, floods neighbors on the ground floor or somehow ruins the room.

    Landlords usually promise to return a security payment after the lease expires. But in fact, they often take it for themselves. What to write in the contract to return the deposit, we described in another article, "Cases".

    Inseparable Improvements

    Inseparable improvements are elements of the premises that the tenant has made and will not be able to pick up upon moving.

    Office Plus made an additional toilet for employees. When moving, the company will not be able to take the toilet with itself, therefore, it must agree with Olympus about improvements. You can’t make a toilet without permission, otherwise Olympus may require you to remove the toilet or terminate the contract.

    Any change of premises without the consent of the lessor may lead to termination of the contract.

    The law says that the tenant can return the money for these improvements. For this, the lessee and the lessor agree on improvements and write them in the contract. The wording may be as follows:

    “The tenant shall notify the landlord in writing about the improvements in the premises and attach an approximate description and the planned terms of work.

    The lessor within seven calendar days from the date of receipt of the notice in writing informs the tenant of his consent or objection.

    If the landlord has agreed to improvements, the tenant can agree on how to make improvements and send the landlord a list of construction and installation works. In the list, the tenant indicates the price of improvements. This document is an integral part of the contract. It must be signed by the tenant and contractor. "

    The contract may describe additional conditions for the return of value upon termination of the contract. For example, if the tenant himself wants to terminate the contract, then the cost may not be refunded.

    Pin
    Send
    Share
    Send
    Send