Lease agreement for premises between legal entities

Applicable provisions of the Civil Code of the Russian Federation: form and registration of the premises rental agreement

Civil Code of the Russian Federation in Ch.
34 does not contain special regulation of cases of lease of non-residential premises, while the determination of the applicable rules is fundamentally important, since the form of the agreement and the need for its registration depend on this. In the doctrine, there is a point of view on the application to these relations of only the general provisions on rent from § 1 of the Civil Code of the Russian Federation.

But in judicial practice, a different position has received support, which consists in extending the norms of § 4 of the Civil Code of the Russian Federation on the rental of buildings and structures to cases of rental of non-residential premises, as structurally and functionally related objects, which makes the establishment of various regulations unjustified.

For example, in the decision dated January 20, 2016 in case No. A04-1559/2015, the Arbitration Court of the Amur Region, when considering the issue of compliance with the form of the agreement, directly stated that the rules on the rental of buildings and structures apply to such relations. A similar position was stated by the 4th AAS in its decision dated April 22, 2013 in case No. A78-7460/2012.

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IMPORTANT! A premises rental agreement is concluded in writing by drawing up a single document, and deviation from this rule entails the invalidity of the transaction.

The issue of state registration of an agreement to lease premises was considered by the Supreme Arbitration Court of the Russian Federation in information letter dated 01.06.2000 No. 53, which indicated the need to apply to premises, as objects within buildings and structures, the provisions of paragraph 2 of Art. 651 on registration of contracts with a period of 1 year or more. Simultaneously with the registration of the contract, the cadastral registration of the part of the building being leased is carried out. In this case, there is no need to submit an application (Part 5 of Article 44 of the Federal Law “On State Registration” No. 218-FZ of July 13, 2015, hereinafter referred to as 218-FZ).

IMPORTANT! An agreement concluded for an indefinite period is not required to be registered.

Format and content

Participants in the process are defined as the landlord (letting housing) and the tenant (receiving real estate for use) and are private individuals. When legal entities participate in the agreement, a lease agreement is concluded. The document differs from the rental agreement and is subject to mandatory state registration.

Depending on the format of housing transfer, the following is concluded:

social rental agreement for residential premises. In this case, the apartment or room is transferred on preferential terms provided by law;
a commercial lease agreement for residential premises certifies a transaction for compensation. The right to use housing is transferred for a fee on conditions determined by the parties.

The object of both types of contracts is an apartment, a house, a room. They must be suitable for permanent residence, regardless of season and climate. It is also important that they comply with current construction, sanitary and hygienic standards.

General rules for drawing up a lease agreement for non-residential premises (download standard agreement)

A typical lease agreement for non-residential premises necessarily includes essential conditions, namely:

The leased object - the property in respect of which the transaction is concluded, is subject to designation by indicating data that allows it to be accurately identified (Article 607). The absence of such agreement leads to the non-conclusion of the contract. The characteristics that individualize the premises are contained in the cadastral passport, technical registration documents issued before 01.03.2008, or a certificate of registration of property (from 01.01.2017 - in an extract from the Unified State Register of Real Estate, in accordance with 218-FZ). These include, but are not limited to: cadastral number of the premises, building, floor, total area, postal address. In addition to the description of the specified parameters, a floor plan is attached to the contract, which makes it possible to establish the location of the object, in which the premises can be marked by shading, highlighting boundaries, or painted over (Resolution of the Federal Antimonopoly Service ZSO dated December 24, 2008 No. F04-8038/2008). IMPORTANT! Particular attention should be paid to the terms of the object if the contract is subject to state registration, since insufficient certainty entails a refusal by the registering authority.
The amount of rent - the Civil Code of the Russian Federation (Article 654) states that an agreement without information about rental payments will be considered unconcluded. Popular queries include “ premises lease agreement form ”, “ building lease agreement sample ”, “ premises lease agreement sample ”, so our specialists have prepared the appropriate form. download the premises rental agreement using the link: Premises/building rental agreement (sample) .

It is important to know

The agreement is drawn up in writing. Essential are the points stipulated by law and those on which agreement must be reached between the parties. This is, first of all, data about residential premises.

Additional criteria for a social and commercial rental agreement include clauses that automatically come into force after signing and do not require the consent of the participants. These are the following provisions:

housing transfer period. If it is not indicated, the contract is considered to be concluded for 5 years;
the procedure for payment by the employer, payment terms;
list of persons who will reside;
procedure for performing current and major repairs. Unless otherwise provided by the document, current repairs are carried out by the tenant, and major repairs are carried out by the owner;
format, period of notification of the need to vacate the residence;
rights and obligations of the parties.

Unless otherwise agreed, unilateral changes in the amount and payment procedure are not permitted.

What does the law say?

Do I need to register the transaction? The obligation to register a residential rental agreement between individuals is specified in Art. 674 Civil Code of the Russian Federation.

The law says the following:

the apartment rental agreement must be drawn up in writing (the form in which the document is drawn up and what documents are needed for its execution are discussed here);
concluding a transaction for a period of more than 1 year entails the emergence of an encumbrance on the right to own real estate;
an agreement drawn up for a period of more than a year, which entails a restriction of property rights, is subject to mandatory registration.

IMPORTANT : Thus, the rental agreement entered in the register of real estate transactions limits the owner’s rights to use housing, and, on the contrary, gives the tenant a number of rights.

Registration of a land lease agreement in Rosreestr

A passport for citizens or a set of constituent and registration documents for organizations (registration certificate, TIN, charter, document appointing a director, tax extract, power of attorney if the organization is not represented by a director). These documents are submitted in notarized copies with the originals presented for review.
If one of the parties to the contractual relationship is represented by another person, then a notarized power of attorney (original, submitted along with documents for state registration) is presented.
The lease agreement itself in 2 copies.
A permit from a local government body or government agency on the provision of land for lease.
If the plot is rented from a private owner - documents on ownership of the land plot.
Cadastral passport for the plot.
If there are any buildings on the site - title documents for them.
Receipt of payment of the state fee for registration.

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Actually, state registration is the entry of data on contractual relations into the Unified State Register of Rights to Real Estate and Transactions with It. This is done by employees of the above-mentioned organization. The parties to the transaction are only required to contact them independently or through a trusted intermediary with the necessary package of documents.

How to register a land lease agreement in Rosreestr

If the landlord's plot is divided into shares, then you will need to obtain written permission from each owner and have it notarized. A married tenant also needs the written consent of the spouse to rent out their common property.
If the area of land specified in the contract does not correspond to that indicated in the documents for it, the lessor may be held administratively liable. Such actions are perceived as squatting of non-owned land and obtaining profit through illegal means.
The documents should clearly state for what purpose the site will be used, for example, for the construction of low-rise buildings, etc. It is also possible to provide several types of intended use for the land. Changes cannot be made to the concluded agreement.
The cost of rent for public lands is calculated taking into account the cadastral price for them. When the tenant believes that the cost of payments is too high and the price of the plot is too high, he has every right to file a lawsuit to review and change the cadastral value. In such a situation, the rent is recalculated in accordance with the new established tariffs.
The contract can be terminated in the event of a gross violation of its terms by either party. For example, if leased land is not used efficiently, the owner may terminate the relationship. To terminate the contract, the other party must be notified of such intention. As a rule, the notice period is arbitrary, but according to the general period it is about 30 calendar days.

Preparation of all required certificates, documents and data.
Payment of state duty.
Submitting a folder with documents, possible options:
contact Rosreestr or the Cadastral Chamber by first making an appointment, calling the office or using this service on the official website;
send by mail notarized documents with an accurate list of all enclosed certificates to the Rosreestr office, which is located at the location of the subject of the transaction;
submit all certificates with an electronic signature to the Rosreestr website.
Receipt of the original contract with the corresponding registration note.

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List of documents required for registration of a lease agreement in Rosreestr

A document that identifies the person who owns the apartment.
A document confirming ownership of real estate.
A copy of the completed lease agreement. It must be signed by both parties.
A technical passport that characterizes the condition of the property.
Site plan, if available.
A document that indicates the fact of payment of the state fee before applying to Rosreestr.
Application for registration in Rosreestr. It is important to draw up this document according to a specific model, as well as under the strict guidance of an employee of the institution. You can complete the application yourself at home, but it is likely that you will make a mistake. The parties can draw up a statement together.

Passport as a document proving the identity of a person.
A copy of the lease agreement, in case the property owner does not include it in the package.
Power of attorney, in case the tenant himself is not able to be present when submitting documents. The power of attorney must be executed by a notary and only in this case will it have legal force.
The application is drawn up jointly with the landlord.

Cost of registering an agreement with the Federal Reserve System

For each type of contract, region of registration and urgency, the cost of services is different. You can find it on the pages of our website or call the duty lawyer.

Little tips

The completeness of the documents may not be the same as indicated on the Federal Reserve website, but less or more. This depends on the information component of the FRS archive. If there is enough information there, some documents may not be provided. And if, for example, for the security of a transaction (against challenge in the future) it is necessary to “report” certain evidence to the archive, which will begin to “age”, this may be very useful in the future. You can get such and similar advice and recommendations of a legal nature from our specialists. Legal advice on this issue is provided by lawyer Nadezhda Borisovna Generalova.