Certificate of acceptance and transfer of premises for rent - sample design and validity period

What it is

According to Chapter 611 of the Civil Code of the Russian Federation, the lessor, that is, the person who is the owner, is obliged, in accordance with the agreement, to provide the tenant with property in satisfactory condition for temporary use.

However, this is a very ambiguous concept.
According to the same article of the Civil Code, satisfactory condition is considered to be the condition of a real estate object that allows it to be used for its intended purpose.
The lease agreement is preliminary and without an act of acceptance of the transfer of the premises for rent has no legal force. It is issued to confirm the fact of transfer of the object for rent.

After signing it, the tenant will not be able to unilaterally terminate the agreement prematurely due to the impossibility of using the leased property for its intended purpose. The act is drawn up as an annex to the lease agreement and records the condition of the office or other premises at the time of transfer to the tenant.

The document reflects:

• Availability or absence of water supply and heating.
• Problems with electricity, wiring.
• Total area of ​​the object.
• Condition of walls, floors, ceilings, window openings.

Procedure for registering a lease transaction

A lease transaction is concluded between two participants and is accompanied by the transfer of property into temporary storage.

The fact of transfer of real estate for use on the basis of its lease is recorded by drawing up a special document, which is an act of acceptance and transfer of premises for rent.

The transfer of real estate from one person to another must necessarily be accompanied by the execution of an agreement and a deed.

The landlord is responsible for the transfer of real estate for rent, and the tenant assumes the responsibility to use it, as well as to fulfill the terms of the contractual agreement, which imply payment of payment according to the approved payment schedule and the appropriate use of the object of the transaction.

The regulation of relations between the parties to the agreement is determined by the lease agreement, which stipulates all the terms of cooperation, as well as the procedure for transferring the object for use. The act of acceptance and transfer of non-residential premises is an addition to the contract. Without its execution, the transaction is considered invalid, which makes it impossible to hold the tenant accountable if a fact of failure to fulfill obligations regarding the agreements is revealed.

Necessity

According to the law, a document is never drawn up separately, has no value and has no weight. It is an integral part of the rental agreement.

In its absence, the agreement between the landlord and the tenant can be declared invalid in court. The main purpose of the act is to record the condition of the leased object at the time of transfer by the owner to the tenant, as well as confirmation of the fact of transfer itself.

In addition, there are a number of other reasons that require its registration:

1. Contains financial aspects, term, amount, and method of payment.
2. Records the state of the object at the time the object is provided for rent.
3. Contains a list of the tenant's obligations in relation to the leased property.

According to the law, a lease agreement can be concluded for any period. The minimum contract period is one day. All agreements concluded for a period of more than one year are subject to mandatory registration with Rosreestr.

Upon expiration of the validity period, a new real estate lease agreement and an acceptance certificate for the delivery of premises are concluded.

Sample

Acceptance and transfer certificate of residential premises

Appendix 1 to the residential rental agreement

dated January 05, 2020 number 457/5

I, citizen Vladislav Konstantinovich Pliev, born on August 28, 1980, passport data: series 6300, number 654818 division code 630-004, issued by the Department of Internal Affairs of the Zavodsky district of Samara on September 16, 2000, hereinafter “Tenant” and the municipality “Saratov Municipal” district" represented by the head of the Housing Relations Department of the Saratov District Administration, Anton Igorevich Ignatiev, hereinafter referred to as the "Lessor" drew up this act as follows:

1. An apartment of 2 rooms in a ten-story residential building with a total area of ​​48 square meters, located in the Zonalny village, Saratov district, Saratov region, is transferred for temporary use to the tenant according to the conditions specified in the agreement for the rental of residential premises dated January 03, 2020, number 457/5;
2. The premises being leased comply with all the necessary standards that apply to the housing stock. The tenant has no complaints regarding the technical condition of the premises or the existing communications;
3. This act has two copies, each of which has equal legal force, each party receives its own copy.

Tenant Landlord

Pliev V.K __________________ Ignatiev A.I_______

Certificate of acceptance and transfer of non-residential premises

Located at:

Moscow, Stroiteley Avenue, building 25

March 28, 2020

LLC "Valjazh-service", hereinafter "Lessor" represented by Aleksey Vladimirovich Parfenov, acting on the basis of the organization's charter, undertakes to transfer for temporary use, represented by Kirill Sergeevich Peridov, acting on the basis of the company's charter, the premises located at the address Moscow, Stroiteley Avenue, building 25.

The total area of ​​the premises is 241 square meters for the design of a retail outlet, which is stated in the lease agreement for premises number 65/18 of non-residential premises, signed on March 25, 2017.

Based on the results of the inspection of this premises, a decision was made that its condition was satisfactory, which allows the building to be used for the purposes specified in the first paragraph of the lease agreement.

Landlord Tenant

Parfenov A.V.___________ Peridov K.S._________

Sample 2020

There are rules for document execution. It is conventionally divided into two parts: the head and the main part. The header must include the following information:

• name of the document, date of registration, its serial number;
• description of the parties to the agreement. If these are individuals, you must indicate their passport details. If these are legal entities, their name, passport details of managers, and their position are indicated;
• the name of the contract object, its address, and area;
• cadastral number, number of the certificate of registration of ownership.

The main component of the act contains the following information:

1. state of the object. This column describes the condition of the floor, window openings, walls, ceiling;
2. the presence or absence of communications, the condition of the wiring, existing problems are reflected;
3. if the property is leased with access to the Internet, telephone connection, equipment, furniture, this must be stated in the document.

Features of the sublease agreement

We invite you to read: Lease agreement for agricultural land

Responsibility for compilation

The tenant is legally responsible for completing the document. The document is always drawn up in two identical copies for each party.

One copy is given to the owner of the property, the second remains with the compiler, that is, with the tenant. If the tenant leases an object for more than a year, he must register the document drawn up with Rosreestr. Both parties should review the document before signing it.

If anyone has claims or disagrees with the terms of the act, an additional protocol is drawn up.

IMPORTANT! All acts of acceptance and transfer of non-residential real estate are stored throughout the entire period of their validity, as well as for 36 months from the date of expiration of its validity.

General information

According to the civil code in force on the territory of the Russian Federation, rent is usually understood as the transfer of property for temporary use under certain conditions. This transaction is legally formalized by concluding an agreement between the landlord and the tenant.

The first of them assumes the obligation to transfer the property for temporary use, while the second will have to pay a set fee under conditions that must be strictly specified in the contract, for example, a fixed payment made monthly or after a certain period of time.

As a rule, 2 copies of this document are drawn up, one of which remains with the lessor, and the second is given to the tenant.

In order for this paper to have a certain legal force, an act of acceptance and transfer of real estate must be attached to it.

This act must provide the following information:

1. Title of the document.
2. Date of signing and place where this signing took place.
3. Due to the fact that the act is a non-independent document, its text indicates which agreement it is attached to.
4. Details of each party are provided, regardless of whether they are legal entities or individuals.
5. When signing the act not by the person who is included there, but by his official representative, acting on the basis of an appropriate power of attorney, you will have to indicate all the details of the trustee.
6. Characteristics of the real estate that is being leased must be given: the exact address, the general condition of the premises, an inventory of the items that come with this property.
7. The tenant must thoroughly inspect the property. If during this process certain shortcomings were identified, then they are also included in the drafted act. If there are no defects, this fact must be recorded in this paper.
8. Both deeds are signed by both the landlord and the tenant. Before doing this, you should carefully check all the details of the parties. Without signatures, this document will be invalid.

Certificate of acceptance and transfer of premises for rent

The transfer and acceptance certificate is drawn up in order to confirm the very fact of transfer of the object, but also to record the state of the object at the time of transfer. Thus, the landlord will subsequently be able to hold the unscrupulous tenant liable for failure to comply with the terms of the agreement and damage to property.

The absence of a document can have unpleasant consequences for the owner of a movable or immovable property. Moreover, absence is not only an act that was not originally drawn up, but also lost, damaged, etc.

Validity

This act comes into force only after the main document is signed, which is always a real estate lease agreement. At the same time, the document is considered to have legal force only if it was signed by each of the parties, that is, both the landlord and the tenant agree with all the provisions specified in this act.

It is worth noting that the validity period of the act is strictly tied to the agreement to which it relates. If the lease is for an indefinite period, then the deed will not have a specific end.

In the event that the rental period is fixed-term, this document will expire on the day the agreement to lease the premises is terminated.

Consequences of missing a document

• Impossibility to charge the tenant for dishonest handling of the property.
• Inability to demand timely rent payments , including utility payments. In this case, the need to reimburse utility bills rests entirely with the owner of the property.
• The absence of a mandatory document may be the reason for an audit from the tax office, as this suggests the idea of ​​concealment from payment of tax fees.

In order to protect himself and have guarantees that the tenant will comply with the terms of the agreement, the landlord must thoroughly check all the points and procedure for drawing up the document.

The act of acceptance and transfer of premises protects not only the landlord, but also the tenant from premature termination of the lease agreement by the landlord. The document is required when conducting tax or other audits.

It must be drawn up in written or printed form and signed by both parties to the agreement. If necessary, upon expiration of the validity period it is extended.

ATTENTION! The act of acceptance and transfer of non-residential real estate is necessary to protect both parties to the agreement from undesirable consequences and financial losses. This is necessary, which is checked by various commissions and inspections.

Compilation requirements

The requirements for documents of this type are universal, so even individuals need to comply with them. First of all, indicate the name of this paper - at the top it is written that it is called “Acceptance and Transfer of Premises for Lease”.

Another important requirement is the date of signing the agreement itself and this act. It provides information about the lease agreement itself so that, if necessary, it can be established which agreement this document relates to.

Regarding individuals, the following information must be provided:

• passport data, including registration information;
• TIN;
• pension insurance certificate number;

When concluding an agreement between legal entities, the OGRN number and information about the manager are also added here. It is necessary to provide information about the person who signs the act on behalf of the enterprise, on the basis of which document this person acts (in most cases, this is the company’s charter.

This paper is signed by both parties, and after the signature there must be a transcript.