The selection of non-residential premises is the main problem that a legal entity faces in developing its business. Therefore, a lease is the first contract that an entrepreneur should conclude. To avoid legal disputes, you should take a responsible attitude to the execution of the lease agreement for the premises.
First, determine if the landlord is the owner of the premises. Check all title documents for the object: certificate of ownership and the basis for its occurrence, for example, a sales contract. If the person is not the owner of the premises and invites you to sublease it, check whether he has the authority to do so: whether this right is spelled out in his lease agreement. This must be done, since if an unauthorized person leases the premises to you, the contract will be considered invalid.
The lease object is an essential condition of the lease agreement, therefore, pay special attention to its description in the agreement. You can identify the premises in the contract by specifying the following parameters:
- address of the location of the rental object, floor;
- name of the rental object (non-residential premises, part of non-residential premises);
- functional purpose (non-residential - production, warehouse, trade, administrative, etc.);
Check this data with official documents - fresh certificates from the BTI and a certificate of ownership of the object.
Another essential condition of the lease is the amount of the rent. Without its indication, the contract will be considered invalid. Therefore, clearly define in the document the amount and terms of payment, the method of transferring money: in cash or by transfer to a current account, whether VAT is included in the amount.
The contract should specify the procedure for changing and terminating the lease. As a rule, the document states that the change and termination of the contract is carried out by agreement of the parties, however, some cases should also be clarified in which the contract can be terminated unilaterally at the will of the lessor or lessee.
Pay close attention to the provision on the period for which the lease relationship is formalized. An agreement concluded for a period of more than one year is subject to mandatory registration. In the event that registration is not made, the contract is considered not concluded. In this regard, many register lease relations for 11 months, after this period they renew the contract for the same period.
After the conclusion of the contract, the premises must be transferred to the tenant according to the acceptance certificate. When transferring a room, pay attention to its condition. If you notice any shortcomings, then reflect them in the acceptance certificate so that the landlord does not blame your organization for their occurrence.