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How to draw up a lease agreement for non-residential premises?

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How to draw up a lease agreement for non-residential premises?

After the launch of a new startup or as an existing business is established, entrepreneurs from Odessa are faced with the need to expand the area of ​​real estate, allocated for warehouse complexes, offices, shopping areas. The best way out of the situation is to rent non-residential premises.. This operation assumes the presence of documentary support in the form of a well-drafted contract..

drawing up a lease agreement for non-residential premises

How to conclude a lease agreement for non-residential premises without risk?

Conclusion of a contract – a step towards minimizing risks and financial losses, associated with the inability to challenge illegal actions by the owner of non-residential premises. But before you put your signature under the text of the document, defining the rights and obligations of the parties to the operation being performed, it is worth carefully studying all the details.

To identify unscrupulous landlords, an inspection of the property itself is required. Necessary to find out, are there any legal proceedings, in which the object appears, is he listed in the mortgage, subject to compulsory implementation by decision of enforcement proceedings. Clarify the availability of original documents, which, according to the law, confirm the actual ownership of the lessor for a specific object. Without them, the owner does not have the authority to sign the contract., so it makes sense to ask employees real estate agencies find another object on the regional market.

Another nuance is, to clarify the right of the landlord's representative to sign the contract. It is important to make sure that, that the sole executive body is the chief accountant, director, proxy signer, acts within the framework of the law and has the necessary powers.

Key document requirements

The Civil and Commercial Code regulates operations in the field of renting non-residential premises throughout the country., including in the Odessa region. These legislative acts have the main condition. They demand, so that the execution of a lease agreement for non-residential premises must be carried out in writing. For tenants of an object, this means attentiveness and bias towards the owners of "square meters", who propose to determine the legal relationship orally.

Consideration of essential conditions

In order to legally protect both parties to the transaction in the text of the document, they prescribe the essential terms of the contract for the lease of non-residential premises. Among them:

  • Rental object. Defining a rental object, the text provides a summary based on the following information - the composition and the exact book value of the property, specific specifications, the address.
  • Validity. By agreement of the parties, the validity period of the drawn up contract is determined. Experts advise the parties to the agreement to make a footnote about the possibility or impossibility of prolonging the document in automatic mode. This will avoid double imprecise interpretations and related misunderstandings between the parties to the transaction..
  • Rent. When looking for a suitable object on the market of the Odessa region, clients of a real estate office pay particular attention to the amount of rent. It's easy to explain, because the size of the amount, which needs to be withdrawn from the company's turnover every month, the overall level of profitability of the entrepreneur depends. To keep it high and eliminate the likelihood of a rent increase, during the term of the drawn up agreement, its value is prescribed in the text of the drawn up agreement. The size of the bet is fixed, deposit and return conditions, availability of a guarantee payment and other financial aspects.
  • Obligations of the parties, determination of the responsibility of signatories. The contract is made in order, to clearly specify the responsibilities of each party. Pay attention to such details:
    1. dispute settlement procedure;
    2. list of obligations and responsibility for violation or improper performance;
    3. sanctions and penalties;
    4. features of calculating penalties for ignoring obligations for payments and mutual settlements.

    Filling out a lease agreement for non-residential premises involves highlighting the specifics of terminating the agreement, the procedure for its extension, etc..

  • Transfer procedure. Another point of the essential conditions is the establishment of the procedure for the transfer and return of the object., classified by realtors as non-residential premises. Most often, the parties are required to draw up standard acts of acceptance and transfer, which will protect their interests in case of critical misunderstandings.

Attention to nuances, application of competent legal support if necessary, knowledge of their rights will allow Odessa businessmen to understand, how to correctly draw up a lease agreement for non-residential premises. They will be able to avoid negative moments and protect themselves from unscrupulous landlords.