The demand for premises that can be rented for doing business is quite high, especially in large cities, so the terms are often dictated by the landlords. But it is important for the tenant to comply with their benefits by concluding a lease agreement for non-residential premises. To protect your rights, you should properly draw up an agreement and write down the conditions in it that allow you to comply with your interests.
How to properly draw up a lease agreement
The lease agreement can be concluded in a simple written form that does not require notarization. In the event that it is concluded for a period of more than 1 year, which is more profitable for you, as a tenant, it must be registered with the Rosreestr authorities. Before signing the contract, it is useful to check the landlord's rights to this non-residential premises. If it is subleased, be sure to read the primary lease agreement and pay attention to its validity period so that it does not turn out that you will be leased out a room whose lease has already expired or is about to expire. If the property is rented out by the owner, ask for a certificate of ownership and check that the encumbrances do not include any other lease agreements for this property that have not yet expired.
Check the credentials of the person making the lease with you. If this is the head of a joint stock company, he may not have the right to conclude transactions that constitute a significant share of the ownership of the enterprise. In this case, he must have the original minutes of the meeting of shareholders, in which the decision of the meeting gives him such powers. In the event that you enter into an agreement, the other party of which acts by power of attorney, this document must be attached to the agreement in the form of an original or a notarized copy. And do not forget to draw up an act of acceptance and transfer of non-residential premises, reflecting in it the actual condition and existing defects.
What to mention in the lease
When specifying the amount of the lease, separately indicate the amount of vat and whether it is included in the total cost. List all utilities that are included in the rent, and also indicate what engineering networks are available and whether it is possible to use them. Discuss all the issues related to additional costs for the maintenance of the rented premises - who and when makes utility bills, cleaning, garbage collection, security, maintenance of telecommunications systems, etc.
It is in your interests that the lease period is not too short, especially if you plan to renovate and renovate the premises, although tenants prefer to conclude such agreements for a period of 11 months. Specify in the contract and the issue of raising the rent. In the event that this is not in the contract, Article 614 of the Civil Code of the Russian Federation comes into force, which establishes its change only by agreement of the parties and no more than once a year.
