How to properly lease non-residential premises?

According to the current legislation, any natural or legal person, real estate owner, can dispose of it at will, including lease.

Premises for rent – type of property contract or agreement, when the property, landlord, for a fee is transferred to the lessee for use for a certain period.

At the same time income, received by the tenant in the process of using this property, stay with him. Most often, such agreements are concluded between organizations and private entrepreneurs..

How to lease non-residential premises

You can find a client for a property on your own, but it is safer to use the services of a professional realtor and get full legal advice, which will save you from a lot of problems in the future.

Should be clarified, that only that property can be leased or subleased, which has passed registration in accordance with the procedure established by the state, this cannot be done with an unfinished or not commissioned premises. The owner must have a complete package of documents for the property.

When a potential tenant is selected for non-residential premises, the following issues need to be clarified and discussed:

• For what purposes this object is rented, what kind of activity do you intend to do in this area?.
• Is it necessary to change the redevelopment of the premises with a non-residential purpose, major or cosmetic repairs. If you need to perform a number of works, then their volume and costs are discussed in advance and all this is drawn up with an additional document, which is an important part of the main contract.

Rules for leasing non-residential premises

If the non-residential premises and rent meet the requirements of the tenant, then you can proceed to the conclusion of the contract itself. This document is best done in real estate office with the participation of a lawyer. It is compiled in a simple manner., but the following nuance should be taken into account:

• if the agreement is less than three years old, then registering the document is optional;
• in that case, if it is concluded for a period exceeding 36 months – должен быть зарегистрирован и собственник недвижимости обязан оплачивать налоги с получаемого дохода.

The following points must be recorded in the lease agreement:

• Description of the property and its value.
• The lease term is indicated, terms of termination of the contract and its renewal.
• There must be a point about the following – whether the lessee has the right to sublet the property and on what conditions.
• It is determined for what types of activities the property will be used.
• Rent amount. Here you should take into account, what is based on 1 sq. m. . object area, it should not be less, the established minimum cost for 1 sq. m. . operating in the Odessa region and Odessa. You should also register the possibility of changing the rent., the order of its indexing.
• Payment order, method of depositing funds, penalties for late payments. The amount of possible prepayment can also be indicated. Insurance payment amount.
• Determine who and how will pay utility bills. Rewrite meter readings and record it in the contract.
• Determine the order of connection or disconnection, internet payment, television and other means of communication.
• To fix such a moment - who will repair the premises, if you need it. As well as the degree of the employer's liability for damage, brought by one's actions while using the lessor's property.
• AND very important point – sanctions for violation of clauses. Dispute settlement methods.
• Termination procedure.

The premises are transferred under the deed of transfer.

Termination of the agreement

For that, so that neither of the parties incurs financial losses in the future and is not involved in legal proceedings, the terms of termination of the contract before the expiration of its validity period should be agreed in advance and the specified points should be written. According to the legislation, the agreement can be terminated ahead of time as at the request of one of the parties, and by mutual agreement of the parties to the agreement:

• If both parties agree to terminate the contract early, then you can terminate it without additional conditions and costs. In this situation, the parties should not inform each other in advance about such a desire., an agreement is formed between them, on the basis of which the contract will be liquidated.
• The agreement can be terminated through a court on the initiative of one of the parties, in that case, if the other party to the contract has materially and repeatedly violated its terms.