Rent: composition, forms of payments, types of calculations. Ideal lease agreement template

30.03.2019

Any invoice is issued in order to receive money for the service rendered or goods sold.. A paper for paying rent is drawn up on the basis of an agreement, which, as a rule, indicates the amount and frequency of payment Money for the space occupied. Based on this document, the tenant pays for the service.

Who should compose?

In organizations, invoicing is usually handled by the accounting department. Individual entrepreneur in case of independent bookkeeping, he exposes them himself. There is no difficulty in this. All necessary forms and examples can be found in normative documents By accounting and on the Internet.

This paper can be exhibited both on the basis of an agreement, and in the absence of such. Allowed to exhibit in in electronic format, no printout. Below you can download a form and a sample of filling out an invoice for renting a room.

Items

Reference. The legislation does not regulate the strict form of the form, so everyone draws it up depending on their needs.

But regardless of who and how it is drawn up, the bill for the payment of rent for residential and non-residential premises must contain the following information:

Full name of the organization that issued the document (full name of the individual entrepreneur).
Payment details of the lessor.
The invoice number and the date it was issued.
The name of the service for which the paper is issued.
Service cost.

Additionally, you can specify:

On a note. Additional items are not mandatory and the absence of these data cannot be a reason for non-payment and recognition of the form as null and void.

What does the document look like?

payee's bank

TIN Checkpoint Account No.

Recipient

Invoice for payment No. 20

Provider

(Executor):

Buyer

(Customer):

Base:

№ Goods (works, services) Quantity Unit. Price Amount

including VAT:

Total payable:

Total titles:

Suma in cuirsive.

Supervisor. Accountant.

As can be seen from the sample, filling it out is not at all difficult and does not require special knowledge and skills. The sample already contains all the main points in which an entrepreneur or organization just needs to enter their data and, if necessary, sign and seal.

Important! The reliability of the details specified in the document will eliminate problems when paying. The person who issued it is responsible for the correctness of filling out the invoice. An error in the details can lead to a violation of the terms of payment and a conflict between the parties.

How to issue and submit for payment?

The invoice can be issued manually or electronically. The document, if necessary, can be printed for signature by authorized persons. Since the presence of a signature and a seal is optional, there is no need to print it when electronic document management with the tenant.

Provision of an invoice for payment:

personally;
by mail;
electronically.

As can be seen from the article, it is not difficult to issue an invoice for renting a room, for this it is not even necessary to draw up an agreement. Payment by invoice provides for the consent of the payer with the provision of the service and its cost. Despite the absence of a strict form, the type of account is unified, which greatly simplifies the task, especially for those who do it for the first time.

Most organizations operate in rented premises. In order to properly operate the premises, tenants use electricity, cold and hot water, heat, gas, i.e. utilities (clause 4, article 154 of the LC RF). The list of provided utilities is established in each case in the lease agreement.

Thus, upon receipt of property for rent, the tenant has an obligation not only to pay in due time and in full rent, but also pay for utilities, unless otherwise provided by law or contract (clause 2, article 616 of the Civil Code of the Russian Federation).

As a rule, tenants pay utilities not to the providers of these services, but to their landlords, thereby compensating their expenses for the "communal". This is due to the fact that in most cases contracts with utility providers (energy and gas supply organizations, water supply and sewerage organizations and others, hereinafter referred to as utilities) are concluded by landlords who are owners of the leased premises. Thus, the landlord "transfers" to the tenant the costs of paying for utility services (in terms of rented premises), without being a provider of these services.

It is important to note that imposing on the tenant the cost of paying for utilities cannot be considered as a form of rent (clause 12 of the Information Letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated 11.01.2002 N 66 "Review of the practice of resolving disputes related to rent"). Therefore, an agreement in which only payment for utilities is provided as a rent can be recognized as not concluded (clause 1, article 654 of the Civil Code of the Russian Federation).

With regard to payments for utilities, the tenant, in agreement with the landlord, can pay for the "communal" either as part of the rent or separately from it.

The possibility of including utility bills in the rent is established by civil law (Article 614 of the Civil Code of the Russian Federation).

Let's look at several ways to do this:

1. Rent subject to " communal apartments " - fixed.

With this method, the amount of rent, taking into account utility costs defined in fixed form. The cost of utilities is not separately allocated in the contract.

For example, the organizations Alpha (lessor) and Omega (tenant) entered into a lease agreement for non-residential premises with a total area of 200 sq. m. The contract provides that the monthly rent is 42,952 rubles. (including VAT 6552 rubles) and includes the cost of utilities (hot and cold water supply, heating, energy supply).

Note that this method in some cases it may not be beneficial, and here's why. The actual cost of utilities tends to fluctuate. Such changes may occur several times during the year. However, the parties can take them into account in the contract and, accordingly, adjust the amount of the rent only once a year (clause 3, article 614 of the Civil Code of the Russian Federation). In addition, the amount of payment for some services directly depends on the amount of their consumption, and it is not always possible to predict in advance how much, for example, electricity a tenant will consume. Thus, a situation may arise when the utilities actually consumed by the tenant are not covered by the amount of utility payments included in the rent.

Therefore, in practice, organizations prefer to use the second method.

2. The rent is fixed, " communal apartment " - variable.

With this method, the amount of the rent in the contract consists of two parts:

Fixed (basic) payment;

Variable (additional) payment.

A fixed (basic) payment is actually a payment for the area of rented premises (buildings), i.e. rental fee. The variable (additional) part of the rent is the cost of utilities consumed by the tenant in the billing period.

For example, between organizations "Alpha" (lessor) and "Omega" (tenant) signed a lease agreement for non-residential premises with a total area of 200 sq. m. m. The terms of the agreement provide that the tenant pays monthly rent in the amount of 33,400 rubles. (fixed payment) and an amount equivalent to the cost of utilities (hot and cold water supply, heating, energy supply) consumed by the tenant (variable payment). The specified amount is determined on the basis of an invoice issued by the landlord with copies of utility bills attached.

When using the second method, the variable part, i.e. the cost of utilities may change every month depending on changes in tariffs or the amount of consumed services, which excludes economic losses for both the landlord and the tenant. At the same time, the provisions<п. 3 ст. 614 ГК РФ о недопустимости пересмотра арендной платы чаще одного раза в год не нарушаются (дополнительно об этом см. п. 11 Информационного письма Президиума ВАС РФ от 11.01.2002 N 66).

3. Utility bills are paid separately from the rent.

Separately from the rent, the "communal" is paid by compensation (reimbursement) of expenses incurred by the landlord, or by formalizing an intermediary relationship, when the landlord acts as an intermediary between utilities and the tenant in settlements for utilities.

4. Compensation for utility costs.

In this case, utility bills are paid separately from rent payments. Consequently, the landlord issues two invoices to the tenant: one for paying rent, the second for reimbursement of utility bills.

As a rule, the condition for compensation of utility bills is established directly in the lease agreement.

For example, between organizations "Alpha" (lessor) and "Omega" (tenant) signed a lease agreement for non-residential premises with a total area of 200 sq. m. m. The agreement provides that the tenant pays monthly rent in the amount of 167 rubles. for 1 sq. In addition, the tenant undertakes to pay monthly the cost of utilities (hot and cold water supply, heating, energy supply, gas supply) in proportion to the area of the leased premises on the basis of invoices issued by the landlord. The landlord is required to confirm the cost of utilities paid by the tenant by providing utility bills.

In addition, landlords and tenants can enter into independent agreements on reimbursement of utility costs. For example, an agreement on the reimbursement of expenses for paying utility bills, or an agreement on paying for utilities, or an agreement on participation in the costs of paying utility bills, etc. At the same time, it should be borne in mind that such contracts cannot be qualified as contracts for the supply of electricity (thermal energy, water, gas), since the lessor is not an energy supply organization. This conclusion was reached by the Presidium of the Supreme Arbitration Court of the Russian Federation in paragraph 22 of the Information Letter dated 11.01.2002 N 66<1>.

<1>Despite the fact that in the Information Letter of the Supreme Arbitration Court of the Russian Federation considered an agreement on the participation of the tenant in the costs of consumed electricity, its conclusion also applies to other utilities, since the rules on energy supply also apply to relations related to the supply of thermal energy, gas, water (Art. 548 of the Civil Code of the Russian Federation).

So, in these cases, utility payments are no longer part of the rent, but are in the nature of independent payments. At the same time, they are paid within the framework of lease relations, regardless of whether a separate agreement for their payment is concluded or such a condition is contained in the lease agreement.

The most important link in the organization of lease transactions is the economically justified composition and amount of lease payments. Since they contain unity and contradictions between the owner of real estate, the tenant and society (arbitrary increase or decrease in the amount of rent infringes on the interests of the entrepreneur or causes damage to the owner and the state). Miscalculations lead to negative consequences: to unreasonably high incomes of some or the bankruptcy of entrepreneurs. High rents reduce financial incentives or even exclude objects from productive use.

Rent - this is a form of economic relations of equal partners (owner and tenant) for the distribution of the newly created value of the property, accumulation, stimulation of labor activity, redistribution of income and is one of the economic forms of realizing the right of ownership.

There are three essential points in the rent mechanism:

Composition of payments;

The amount of payments;

Ways (methods) of calculations.

The most common method of establishing rent is to determine a fixed amount of payment, calculated on the basis of the value of the entire leased property or a separate one for each of its component parts. Payments are made, as a rule, within the terms established by the contract. However, a one-time payment is also possible. When renting buildings and structures, the rent is usually set per unit area based on the actual size of the leased object.

The lessee is the owner of the products and income received as a result of the use of the leased property. Rent may be paid by transferring part of the product or through the provision of certain services. As a payment for the use of property, the tenant may be charged the costs of improving the leased objects. Thus, the rent is determined both in cash and in kind. Various combinations of these forms of payment are also used.

In the case of the lease of certain fixed assets by operating enterprises, the rent is included in income from non-sales operations. Depreciation charges are accrued by the lessor and reimbursed at the expense of the rent received, including them as expenses from non-operating operations. The exception is depreciation deductions made by the tenant on property under an enterprise lease agreement. In this case, the lessee includes the fee in production costs.

When determining the amount of rent, the average level of rent prevailing in the given region for similar objects is taken into account, along with other factors. The amount of rent will not remain constant throughout the contract, but changes due to changes in the conditions for the operation of enterprises, and, first of all, with changes in market prices for equipment. At the same time, frequent revision of the rent does not contribute to the creation of stable conditions for the effective use of the leased property, so the amount of lease payments can be reviewed no more than once a year (Table 1.). When renting buildings and structures, the rent must include the cost of using the land on which it is located.

When concluding a lease agreement, the tenant is obligated to maintain the property in good condition and conduct current repairs to ensure the safety and return of the leased objects after the expiration of the lease period in their original condition, taking into account normal wear and tear. In turn, the landlord is responsible for the shortcomings of the leased object. If the tenant, with the consent of the landlord, has made individual improvements to the leased property, they become his property - otherwise, he is paid their cost. Capital repairs of the leased property are usually carried out by the lessor.

table 2

Rent

Frequency of application	Application form	Components of the rent	Review Frequency
at a time	Fixed payment amount	Depreciation deductions accrued on the value of the leased property	Within the terms stipulated by the contract, but not more than once a year
Periodically, within the terms specified in the contract	Share of output or income derived from the use of leased property	Income that would be received from the direct use of the leased property
Provision of certain services by the tenant	The cost of repairing the leased object after the end of its term
	Transfer to the lessor of the property stipulated by the contract in ownership or lease	Rental property insurance costs
Imposition on the tenant of the costs stipulated by the contract for the improvement of the leased property	Other expenses of the lessor
A combination of the above forms

Thus, four economic elements are included in the rent (Rap):

Depreciation deductions for the full restoration of the leased property (except for land) (Am);

Funds for the overhaul of the facility, depending on the participation of the owner in its implementation (SC);

Property tax (Ni);

Part of the profit that can be obtained from the socially necessary use of the leased object (rental percentage - Tsa).

The first three elements form the return value (Rv) as part of the rent:

Vz \u003d Am + Sk + Ni, and Ap \u003d Vz + Pa.

The most difficult and controversial is the definition of lease payments for land. As long as there is a monopoly on land, as an object of economy, associated with the limitedness of the best in quality and location, tenants who use the relatively best receive additional income, which is quite naturally subject to withdrawal. But rent can be withdrawn not only from the best and average, but also from the worst lands, if there is a social need to draw them into circulation. To do this, the tenant must ensure both average profit and excess profit, which is possible due to the lower organic composition of production in agriculture. At the same time, the ownership of land by the state or a private owner determines only the direction of appropriation of absolute rent as part of the rent.

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What is rent?

Thus, rent- this is a set of payments for the fact of owning property, expressed in cash or in kind and transferred monthly or for other periods of time. The rent does not necessarily have to have a market mechanism of formation: the agreements reached between the owner and the tenant are at the forefront. At the time the lease is established, the tenant actually owns (but is not the owner and cannot dispose of) the property, using it for its intended purpose and is responsible for its safety.

Rent may be established for any movable and immovable property, in particular for:

Apartments and other living space (all 35 chapters of the Civil Code of the Russian Federation).
Transport and other equipment, rental (installed).
Land ().
Financial assets (leasing).
Businesses and buildings.

Types of rent

The calculation of the rent can be established within the framework of the agreement, as well as within the framework of the methods predetermined by law:

Recurring or one-time payments paid before the expiration of the lease. Payments can be fixed or floating, depending on the amount of additional services spent during the course. This type is the most applicable.
Counter rent expressed in kind. A variant is possible in which the transfer of ownership of a thing is carried out, that is, payment in kind takes place. The parties shall determine a guaranteed period serving as the necessary compensation for the transferred thing. The term of a lease with a similar fee is determined by the duration of the counter lease.
Income from doing business carried out in the leased object. In this case, the interest rate is set, applied both before and after. In practice, this type of rent is significantly inferior to fixed payments, since it introduces uncertainty and the risk of fraud for the landlord. The person acting as the employer informs about the income, and the owner provides rental report.
Investments in the appearance and communications of the leased object. It is often mixed with fixed payments, allowing not only to receive money from rented property, but also to restore the quality features of housing and vehicles.
Other benefits and services provided by the tenant to the owner. In particular, the tenant may provide business services that are otherwise provided only on a commercial basis.

Resolution of the Supreme Arbitration Court No. 3484/07 allows mixing of the above types of lease in any proportions established in relation to a certain market value of the lease. If the rent is set in cash, the amount of the rent is directly indicated in the contract.

Determination of the amount of rent

The amount of payment is closely related to the type of rent, which is defined in the contract. If the rent is a certain proportion, the person renting the premises is obliged to provide documents on the basis of which rent calculation according to the given formula. In particular, certificates from the tax office or cash receipts are applicable.

Fixed payout, including paid at a time, is determined by the terms of the contract, which prohibits a unilateral increase in rent. Since it is voluntary, the legislator assumes that the parties are able to independently determine the value of property ownership, based on market indicators. In this case, the tenant undertakes to pay the fee regularly on the basis of Article 614 of the Civil Code of the Russian Federation. This paragraph defines the most important obligation, the violation of which may cause a revision of the agreement.

The procedure for paying rent

The rent cannot be paid if the property is not transferred to use. Otherwise, the payment procedure is as follows:

The persons planning to conclude a lease agreement jointly (or the owner alone) determine the cost of the agreement.
A contract is concluded according to a model, within the framework of which the term of the agreement is indicated. As a general rule, it is indicated one year. The document also includes the procedure for making payments and responsibility, supplementing the norms of the Civil Code of the Russian Federation.
The property is transferred into the possession of the tenant under the act of acceptance and transfer. The document must contain the state of the subject of the transaction, as well as notes that the receiving party can make.
Payment is made to the settlement account of the organization-lessor specified in the contract, or transferred personally as part of a receipt, act or other receipt document. Lease payments that are not documented cannot be considered repaid.
If property or a lump-sum payment is transferred as payment, and the terms of transfer are not specified within the contract, the tenant is obliged to provide them within 30 days from the date of obtaining access to the object.
At the end of the rental period, the current tenant has the priority right to renew the lease. At the same time, the rental price for it cannot exceed the offer of this object on the open market. The tenant may send a letter requesting a rent reduction if the market situation permits.
All payments become property from the moment they are made, unless a counter lease is specified in the contract. Thus, the tenant does not have the right to dispose of the funds, property assigned to the tenant under the contract.

Early payment of rent

Civil law also determines that in situations where circumstances do not depend on the will of the tenant or landlord, early payment of rent is possible. Early payment does not always mean. In particular, if the tenant regularly violates the terms of the agreement, damages the property, the landlord may demand payment for two periods (usually equal to a month) established in the contract.

The right to early payment of rent in favor of the owner can be used if the violation of the terms amounts to less than one month. Moreover, the landlord may require payment no more than one month in advance, which actually means prepaid. In the case of a judicial review, if the property of the owner is damaged as a result of the actions of the tenant and this requirement is stated in the application, the court can also force early payment of the rent.

Also, early payment cannot overlap the end of the lease, even if the parties, guided by, decide to extend the lease.

Most frequently asked questions and answers about rent

Conclusion

The rent is an effective tool to encourage owners who do not use the object of their rights on their own. Rent can be fixed unilaterally or by agreement between persons. The transfer of property to other persons for a fee is considered in detail in the Civil Code of the Russian Federation, the Labor Code of the Russian Federation, as well as individual federal laws establishing:

Mutual obligations to transfer property, funds and meet deadlines between the tenant and the landlord.

The need to pay rent on time.

Various forms of payments, limited only by the terms of the agreement.

The possibility of receiving payments ahead of schedule, if circumstances so permit.

A lease (property lease) agreement regulates the legal relationship between the lessee and the lessor in the transfer of property and protects them in the event of default by one of the parties. Therefore, it is very important to correctly establish all the necessary conditions in the contract. Three articles will be devoted to the lease agreement. In them, 1C: ITS specialists will talk about what pitfalls exist when concluding and executing a contract and how to get around them without loss for themselves. Both legal and tax aspects of the agreement will be considered. The first article will analyze in detail the conditions for concluding a lease agreement, which have the same meaning for both parties to the agreement. In the next two articles, we will talk about the tax consequences of concluding this agreement for the landlord and tenant.

What is a lease agreement and in what form should it be concluded?

Under a lease agreement, one party (the lessor) transfers property to the other party (the lessee) for a fee for temporary possession and use or for temporary use (Article 606 of the Civil Code of the Russian Federation). At the same time, the transfer of ownership of this property to the tenant does not occur, except in cases where the contract provides for the right of redemption.

If the agreement does not provide for payment for the use of property, then such an agreement is recognized as a loan agreement (gratuitous use of property). This type of legal relationship is regulated by the norms of chapter 36 of the Civil Code of the Russian Federation.

The rules relating to the lease agreement apply in this case only partially.

The lessor under a lease agreement may be the owner of the property or another legal owner authorized by the owner himself or the law to lease this property (Article 608 of the Civil Code of the Russian Federation). Thus, a person who has a power of attorney on behalf of the owner for the right to lease property can be a landlord.

Any capable citizen, individual entrepreneur or legal entity can be a tenant.

The law allows you to conclude a lease agreement orally, but in most cases a written form is used, since it allows you to agree on all the terms of the agreement in more detail and eliminates many disagreements between the parties in the process of its execution.

The lease agreement is concluded in writing if:

the term of the contract is more than one year (clause 1 of article 609 of the Civil Code of the Russian Federation);
one of the parties to the agreement is a legal entity (clause 1, article 609 of the Civil Code of the Russian Federation);
the object of the contract is a building or structure (clause 1, article 651 of the Civil Code of the Russian Federation);
the object of the contract is a vehicle with a crew (Article 633 of the Civil Code of the Russian Federation).

Do I need to register a lease agreement?

The lease agreement is subject to mandatory state registration if the object of the lease is real estate or an enterprise (clause 2, article 609, article 658 of the Civil Code of the Russian Federation).

There are exceptions to this rule. So, for example, prisoners for a period of less than one year are not subject to state registration (clause 2 of article 651 of the Civil Code of the Russian Federation, clause 2 of article 26 of the Land Code of the Russian Federation):

land lease and sublease agreements;
lease agreements for buildings or structures.

Regarding vehicle lease agreements with and without a crew, the law also stipulates that they are not subject to state registration (Articles 633, 643 of the Civil Code of the Russian Federation).

The civil law does not resolve the issue of whether it is necessary to register a lease agreement for non-residential premises.

On the one hand, all non-residential premises are part of buildings and structures, and on the other hand, they are not directly listed along with these objects.

This issue was clarified only in the Information Letter of the Presidium of the Supreme Arbitration Court of the Russian Federation of 06/01/2000 No. 53. In the opinion of the arbitrators, the same rules apply to lease contracts for non-residential premises as to contracts for the lease of buildings and structures. Therefore, a lease agreement for non-residential premises must be registered only if it is concluded for a year or more.

Also, in the Information Letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated February 16, 2001 No. 59, the following is explained: if a real estate lease agreement is concluded for a period of 11 months, but the conditions provide for its automatic extension for the same period, then such an agreement does not need to be registered.

What is the subject and object of the contract?

In a lease agreement, a distinction should be made between the subject and the object of the agreement.

The subject of the contract is the obligations of the parties to transfer property and use it in accordance with the terms of the contract, as well as to pay a fee for such use.

To determine the object of the lease, it is necessary to clearly define the characteristics of the property that is leased.

The objects of lease can be (clause 1 of article 607 of the Civil Code of the Russian Federation):

land plots and other isolated natural objects;
enterprises and other property complexes;
buildings and constructions;
equipment;
vehicles;
other things.

In order for the lease agreement to be recognized as concluded, it must contain data that makes it possible to determine which property is to be transferred to the tenant.

If there are no such data in the contract, the condition on the object is recognized as inconsistent, and the contract is recognized as not concluded (clause 3 of article 607 of the Civil Code of the Russian Federation).

Thus, in the contract it is necessary to indicate as precisely as possible the individually-defined features of the property that characterize it.

Such data on property include (decree of the Federal Antimonopoly Service of the Volga District of December 16, 2009 in case No. A65-13380 / 2009):

its location relative to other objects;
area, technical characteristics;
other features that individualize the object.

It would also be useful to indicate the address, the technical characteristics of the property, the type of permitted use (for land).

As the analysis of judicial practice shows, the constituent parts of a thing cannot be the object of a lease. For example:

a separate structural element of a building (roof, wall, etc.) (clause 1 dated 11.01.2002 No. 66 "Review of the practice of resolving disputes related to rent");

part of the cable line (decree of the Federal Antimonopoly Service of 07.17.2007 in case No. A55-12242 / 06-33).

How to specify the term of the contract?

The condition on the lease term indicates the period of time during which the lessee has the right to use the leased thing and is obliged to pay rent for this. In accordance with paragraph 1 of Article 610 of the Civil Code of the Russian Federation, the lease term is established by the parties in the contract.

The term of the contract can be determined:

calendar date;
the expiration of a period of time calculated in years, months, weeks, days or hours;
an indication of an event that must inevitably occur.

It is necessary to distinguish between the term of the lease itself and the term of the contract. Often times these times don't match. So, for example, leased property can be transferred to the tenant (clause 2 of article 425, clause 3 of article 433 of the Civil Code of the Russian Federation):

before the lease agreement is signed;
before the state registration of the contract, when such registration is necessary.

In these cases, if the parties agree, their rights and obligations (including the obligation to pay rent) may also extend to the period preceding the signing or state registration of the contract.

In practice, there are two types of disputes about the payment of rent: if the property is used before the conclusion of the contract or after the expiration of its validity, or if the property is not used, but the contract is still valid.

If the property is used in the period preceding the state registration of the contract, then it is necessary to determine whether there was an agreement on the use of property during this period. Such an agreement may directly follow from the terms of the contract or follow from other terms. If there is an agreement, then the rent is paid for the entire period of use of the property (Decree of the Federal Antimonopoly Service of the East Siberian District of June 15, 2011 No. F02-2137/11 in case No. A33-13835/2010).

If the contract has terminated, but the tenant has not returned the property, then he is also obliged to pay rent for the entire time of delay (clause 38 of the Information Letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated January 11, 2002 No. 66). This is due to the fact that the termination of the lease agreement does not entail the termination of the tenant's obligation to pay rent if the property is not returned to the landlord.

In a situation in which the lease agreement is still valid, but the property has been returned, the tenant is also obliged to pay lease payments before the termination of the lease agreement (clause 13 of the Information Letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated January 11, 2002 No. 66).

Please note that according to paragraph 2 of Article 621 of the Civil Code of the Russian Federation, if after the expiration of the lease agreement the tenant continues to use the leased property, and the landlord does not object to this, the agreement is considered automatically renewed on the same terms for an indefinite period.

The contract is recognized as concluded for a certain period only if the condition on the period is included in its text. If there is no such condition in the contract, it is considered concluded for an indefinite period. Such an agreement has some features of the procedure for its termination.

So, for example, if the term of the contract is not defined, on the basis of paragraph 2 of Article 610 of the Civil Code of the Russian Federation, any of the parties may at any time withdraw from the contract, but is obliged to notify the other party of this at least one month in advance. If the property is leased out, the notice period is three months. Compliance with these deadlines by the parties is mandatory if they have not provided for other notice periods in the contract.

For some types of lease (for example, a rental agreement (Article 627 of the Civil Code of the Russian Federation)) and types of leased property (for example, forest plots (clause 3 of Article 72 of the Forest Code of the Russian Federation), water bodies (Article 14 of the Water Code of the Russian Federation)), The law may set maximum terms for the duration of a lease agreement. In these cases, the contract is terminated at the expiration of the maximum period. If the parties have agreed in the contract for a period exceeding the maximum, the contract is also valid only until the expiration of the maximum period (clause 3, article 610 of the Civil Code of the Russian Federation).

How to set rent?

It should be borne in mind that, on the basis of paragraph 12 of the Information Letter of the Presidium of the Supreme Arbitration Court of the Russian Federation of January 11, 2002 No. 66 “Review of the practice of resolving disputes related to rent”, the rent cannot consist entirely of utility bills, since in this case the tenant does not derive any benefit from the lease of property, which contradicts the compensated nature of the lease agreement.

So, we have considered issues common to the parties that are important to highlight in the lease agreement.

In the next issue, we will consider the practical aspects of the execution of the contract from the point of view of the landlord.

All the information provided is available in the ITS PROF system in the Handbook on contractual relations in the "Legal Support" section.