In order to solve a temporary housing problem, citizens can rent a house or apartment by signing a rental agreement. In this case, we are not talking about a lease agreement.
In the process of concluding this agreement, it matters who exactly is the owner of the property, an individual or a legal entity. The terms of the contract depend on the status of the owner, whether it will be commercial or social.
In the event that the premises offered for rent are a commercial property and the private property of an individual or municipal property, a commercial lease agreement is concluded.
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Commercial rental housing is
Residential premises that are the property of citizens, the state or a municipality, which are offered for the residence of citizens, belong to the housing stock for commercial use (Article 19, paragraph 4 of the Housing Code of the Russian Federation).
Housing that is the private property of citizens can be used by them at their discretion. They can live there themselves or rent it out by concluding a commercial lease agreement.
In accordance with this agreement, the owners receive a specified amount for the use of their housing by other citizens. Those residential premises that are the property of the state or municipalities can also be rented out. In this case, both a social and a commercial rental agreement may be concluded.
Low-income citizens or those recognized as needy citizens of the Russian Federation have the opportunity to enter into a social rental agreement with the right to subsequent privatization of this object.
If you are sufficiently wealthy and rent housing owned by the municipality under a commercial rental agreement, you do not have the right to privatize this apartment or house.
What should a residential lease agreement contain?
How to terminate a lease agreement early, read here.
How to officially rent out an apartment, read the link:
Property owners have the undeniable right to move anyone into their apartment. They also have the right to rent out their own housing on the basis of a commercial lease agreement or on the terms of a mutual agreement between the parties.
This procedure for renting housing can occur with any owner, be it the state, municipality or private person. The party that offers housing for rent can be either an individual or any organization.
It should be remembered that the owner of a home who rents it out under the terms of a commercial lease is automatically deprived of benefits for the repair and maintenance of this premises.
Not only persons permanently residing in it can use the rented premises. The same right can be exercised by other persons close to the employer, but not members of his family.
Only those citizens whose identity has been agreed upon between the owner of the property and the tenant can move into residential premises leased under a contract.
If there is a need to move into the premises a family member of the tenant who is under 18 years of age, permission from the property owner is not required.
Only residential space that is isolated from other premises can be rented out. This could be a private house, apartment or other premises suitable for habitation.
The premises being rented must be suitable for habitation. There is no talk of improvement of this housing. In the event of a change of owner of the property, the person who rented the apartment has the right to live there for the period of time specified in the rental agreement.
There is no need to contact a notary to certify a commercial rental agreement. The agreement must be drawn up in writing.
When concluding a contract, the period for which the housing is rented must be specified. This clause is included in the contract. The housing delivery period cannot exceed 5 years. Upon expiration of this period, the contract must either be terminated or reissued.
When subsequently renting this housing, the previous tenant has an advantage over other applicants. If the owner of the property has no claims against the tenant, the contract can be renewed.
A short-term contract is a type of contract that is concluded for a period of no more than a year. The owner of the property, after the end of the rental period, is obliged to notify the tenant of his decision to further interact with him.
The solution may be different: refusal to renew the contract or further cooperation in renting housing. If the owner of the property does not discuss this issue with the tenant after the end of the rental period, the contract is automatically extended. The terms of the contract and the rental period remain the same.
Commercial and social hiring: main differences
The specifics of commercial hiring are specified in the agreement, which is voluntarily drawn up by the parties to the transaction. Social rent involves the free distribution of housing among persons belonging to the category of those in need of improved living conditions.
In order to draw up a commercial lease agreement for real estate, no resolutions of the governing bodies are required. With social rent, citizens are allocated housing from municipal property. The significant difference is that commercial hiring involves the receipt of financial resources for accommodation from an individual in addition to mandatory utility payments.
A residential property may belong to a private individual or organization. Employers can only be individuals. Housing owned by the state or municipality is transferred to temporary use in accordance with the provisions of Art. 672 of the Civil Code of the Russian Federation and the provisions of housing legislation. In most cases, this form of employment is available to individual specialists - doctors or teachers. The goal is to attract them to work in certain regions of the country.
Commercial rental agreement
A commercial rental agreement involves charging a contractual fee from the tenant for the use of the owner’s living space.
A residential rental agreement can be concluded either directly by the owner of the property or by his authorized representative. The power of attorney to carry out this procedure must be certified by a notary.
Citizens who need to improve their living conditions can exercise the right to conclude a social tenancy agreement. If there is no such need, they can enter into a commercial rental agreement.
A social tenancy agreement is preferential for citizens in need or those recognized as low-income. Also, citizens must be included in the queue to improve their living conditions.
Citizens wishing to enter into a commercial rental agreement for residential premises are also included in the queue. Premises rented under such an agreement cannot be privatized, but tenants have the opportunity to buy this housing from the owners.
Who has the right to enter into a commercial lease agreement?
Commercial rental agreements are often concluded by municipal or state bodies and private owners. Residential premises are rented out by various organizations.
Traditionally, the citizen renting housing under a commercial lease agreement is the owner of the residential premises (lessor), while the other party is another citizen (tenant).
How to draw up a commercial lease agreement?
This agreement is bilateral, the parties are referred to as the tenant and the lessor. The following may be considered lessors:
- legal entities - companies, individual entrepreneurs,
- municipality,
- private individuals,
- the state represented by an authorized representative (organization).
Such an agreement must be drawn up in writing; it does not need to be certified by a notary. The contract specifies the following information:
- the subject of the agreement is a specific residential property transferred to use on a temporary basis,
- the amount and frequency of payments that the employer must make. Utility bills are not included in this amount, but are paid separately in accordance with the amount of resources consumed,
- period of validity of the agreement. According to Art. 682 of the Civil Code of the Russian Federation, it cannot be more than 5 years. If the exact period is not specified in the contract, then the document is considered valid for 5 years,
- a list of property available on the territory of the residential premises,
- a list of citizens living in the specified apartment together with the tenant. The residence and registration of children under 18 years of age is provided for by law,
- possible options for terminating the relationship of the parties (by agreement or in court),
- procedure for action in case of force majeure situations,
- the possibility of subsequent purchase of housing and the conditions that must be met for this,
- other conditions for servicing a residential property.
The agreement must include detailed information from both parties and be signed by them. Legal entities put a stamp.
Subtleties of taxation
Tax payments for commercial real estate can also pose problems. Since such housing is not actually included in the housing stock, it is impossible to receive a 13% tax deduction.
But at the same time, taxes on apartments themselves are written off at high rates, because according to the law, this housing is considered commercial. Therefore, the owner of an apartment, compared to the owner of a simple home, overpays in terms of taxes.
When determining the tax base, the minimum rate for commercial housing is 0.5%, the maximum is 2%. As for simple housing, a rate of 0.1% applies.
The most unprofitable in terms of taxes are apartments that are located in an office, shopping complex, or in a building created for catering establishments. The most affordable accommodations are in hotels.
Is it possible to privatize such housing? There are problems here too. Sometimes people are offered contracts where they are considered the owners not of housing, but of some share in the common property.
How the contract is concluded
To formalize an agreement, the parties must comply with the requirements established by law. Initially, it is necessary to determine which real estate objects can be given out for temporary use under the terms of such a lease.
According to the law, an object transferred on a rental basis must meet the following requirements:
- isolated condition - the living room must be fenced with special structures and have a special entrance (exit) to the main property of the building, or direct access to the street area;
- the room must be suitable for permanent residence, in other words, meet the requirements and standards established by the housing law;
- You can rent out not only a whole type of object, but also its isolated part (for example, an isolated room in a house).
To conclude an agreement, counterparties need to discuss the essential and auxiliary terms of the transaction. They should include:
- the subject of the agreement is the temporary use of a specific living room;
- period of time – the maximum term of the agreement cannot exceed 5 years, such a rule was established by law;
- the amount of regular payments for housing is established by agreement of the parties (payment for utilities will be recorded separately, depending on the actual absorption of resources or the number of people living);
- the composition of persons who will be able to obtain housing for the entire rental period;
- the composition of the property that is in the apartment or house and is transferred for a time;
- other conditions that are discussed by the parties (including the procedure for carrying out repair work, etc.).
To draw up an agreement of this type in 2020, you must comply with the written form of documentation; you do not need to take a notary’s certificate. It is also necessary to take into account that as a result of the conclusion of the agreement, a restriction of property rights will appear, which is subject to urgent official registration in the Russian register.
ATTENTION! The registration law must be observed only when concluding a transaction for more than one year; this condition does not apply to short-term agreements.
To draw up an agreement, the parties will need the following documentation:
- identification documentation of all citizens (general type passport, child’s birth certificate, etc.);
- title documentation for housing (certificate of title, extract from the Unified State Register, etc.);
- Commercial lease agreement and transfer acceptance document.
When applying to register an encumbrance, you must have a payment certificate with you, which confirms payment of the state duty.
Can commercial property be residential? Despite the fact that everything was streamlined before, such a concept as “commercial housing” has appeared, and now it is increasingly gaining momentum. The concept of commercial housing means all residential real estate, the operation of which provides the opportunity to make a profit.
Commercial hiring: what is it?
Commercial rental of residential premises in residential complexes of the Russian Federation is considered one of the legal methods of providing housing for temporary residence in 2020. An indication of the commercial nature of this type of agreement does not imply the existence of an entrepreneurial relationship between persons, but indicates the possibility of offering a paid type of accommodation for temporary residents.
ATTENTION! The legislation does not reflect certain rules that establish the procedure for concluding a commercial lease agreement.
For this reason, people need to look at the requirements written down in Chapter 35 of the Civil Code of the Russian Federation, with the exception of the rules directly related to the rental of housing stock. Features of a commercial lease agreement:
- the lessor may be the legal owner or a person appointed by him;
- under agreements of this type, only an individual can be considered a tenant of housing;
- The intended purpose of this type of legal relationship is to use the property only for human habitation; conducting any other activity in such premises is prohibited.
These are the main points to remember. There is the most common real estate that can be called commercial housing:
- Agricultural enterprises.
- Industrial type objects.
- Hotels, inns, motels.
- Warehouses, garages.
- Office.
- Various centers and shops.
Commercial real estate is also considered:
- Land and other natural areas.
- Certain areas are underground.
- Demarcated water-type objects.
- Plots in the forest.
- Old plantings.
- Other types of property attached to the land plot or firmly connected with it. Most often, these are houses or buildings.
It must be remembered that real estate also includes rights to it. It can also be used to refer to space-type objects, watercraft and aircraft that must be officially registered.
