lease agreement warehouse must be designed in such a way that it fully meets Russian legislation and affected the interests of the landlord and the tenant.
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To be able to exclude the possibility of damage, which is possible due to the absence of relevant sections in the contract, you need to know about the intricacies of forming a warehouse lease agreement.
General aspects
Before considering the main issue of the procedure for drawing up a lease agreement, it is necessary to study the basic theoretical information and Russian legislation.
Thanks to this, the participants in the transaction are able to protect themselves from possible legal consequences, in particular, the recognition of the transaction as invalid.
What it is
According to the lease agreement, the landlord is obliged to provide the tenant with property or real estate for a certain fee for temporary use or possession.
Without exception, all income that was received as a result of the use of property received for temporary use is the exclusive property of the tenant.
What is its purpose
The main purpose of the contract is the legal confirmation of the right of temporary use of the property transferred by the lessor, in particular the warehouse.
It displays the rights and obligations of the parties, which must be adhered to.
In case of non-compliance with the conditions and obligations of one of the parties specified in the agreement, the opposite section of the transaction has the right to terminate the agreement and demand compensation for material and moral damage.
In case of any disagreement, the parties to the transaction have the right to contact statement of claim and lease agreement Judicial authority to resolve disputes that arise.
The legislative framework
The main regulatory documentation that should be referred to during the period of concluding a lease agreement is considered to be:
| Art. 606 of the Civil Code of the Russian Federation | Explains general provisions under a lease agreement |
| Art. 607 of the Civil Code of the Russian Federation | Gives clarifications on rental objects |
| Art. 609 of the Civil Code of the Russian Federation | Displays the criteria according to which there is a need for state registration lease agreement |
| Art. 614 of the Civil Code of the Russian Federation | Displays the available nuances in determining the amount of rent |
| Art. 624 of the Civil Code of the Russian Federation | Provides the possibility of buying out the leased property in certain situations |
This list of regulatory documents is not exhaustive. At the same time, they contain all the necessary information that makes it possible to accurately form a warehouse lease agreement.
Features of the agreement
During the period of drawing up a lease agreement, it is necessary to pay attention to many nuances, ignorance of which can lead to termination of the transaction with all the ensuing legal consequences.
Essential conditions
The essential terms of the agreement are considered to be the conditions, in case of failure to reach agreement on which between the participants in the transaction, the contract is recognized as not concluded.
Essential for this type of agreement are the conditions in relation to which indications are provided in Russian legislation and other regulatory documentation, including those conditions in relation to which agreements were reached.
The rule operates according to Art. 432 of the Civil Code of Russia. At the same time, it is necessary to pay attention to separable improvements.
This refers to improvements that are allowed to be withdrawn without causing damage to the leased type of property.
Required documents
In the process of signing a warehouse lease agreement, according to Russian law, you will need such documentation as:
- founding documentation;
- certificate of registration of a legal entity;
- a certificate that confirms the fact of assigning a TIN;
- certificate of entry of all necessary information in the USRR;
- documents that are able to confirm the existing authority of the company's management to conclude a lease agreement.
Additionally, you will need documents confirming the ownership of the warehouse.
If the deal is with individual, it will be enough to provide only his passport and TIN. In the case of an individual entrepreneur - a certificate of registration.
Sample Fill
In order to avoid declaring a transaction void, it is necessary to display:
- subject of the transaction - detailed information about the premises to be leased, in particular: address, cadastral number, size of the warehouse;
- the amount of the rent, as well as the rules and methods of payment;
- information about the participants in the transaction;
- possible force majeure situations;
- compensation for downtime due to the fault of the landlord.
Unlike other premises, for example, an office or a store, in a lease agreement for a warehouse premises free of charge, it is necessary to indicate what exactly will be stored in the warehouse.
Otherwise, the supervisory authority may draw up a conclusion on the use of the warehouse for other than its intended purpose.
Between legal entities
In drawing up a lease between legal entities there is nothing difficult. It is enough just to pay attention to the indication of the details of the parties.
In particular, legal information should indicate:
- full name of the company;
- information on state registration;
- legal address of the company. For example, in the format - Moscow, street / building / ...;
- Contact details;
- initials of authorized persons.
It is important to remember that the right to conclude transactions between legal entities is vested in those persons who are empowered by constituent documentation or a notarized power of attorney.
With an individual
If one of the participants in the transaction is an individual, then according to the laws of the Russian Federation, the indication of the term in the lease agreement can be neglected.
This means that the transaction will be valid until one of the parties to the transaction notifies the opposite party of the need to terminate the contract. Notice must be given at least one month prior to termination.
If with loading work
If the lease agreement includes the receipt of an additional loading operations, then this is extremely important to display.
In particular, it is necessary to provide for the need to draw up an act of acceptance and transfer upon completion of loading and unloading operations.
Thanks to this act, it is possible to exclude the possibility of various kinds of misunderstandings between the parties to the transaction.
Video: conclusion of a lease agreement
To be able to use additionally such types of work, the lessor must have an appropriate license. If necessary, the contract may imply the allocation of a warehouse with security.
Termination of the agreement
The rules for terminating the agreement are almost the key section of the document, which is designed to improve the mutual understanding of the parties to the transaction in case of possible circumstances that prompt the termination of contractual legal relations.
Such provisions of the agreement must not be inconsistent Civil Code Russia. At the same time, there can be many good reasons for terminating the contract.
For example, speaking about the interests of the landlord:
If the reason for the cancellation of the agreement is not displayed in the lease agreement, then it can be terminated:
- by agreement of both parties, which is confirmed in writing;
- by applying to a judicial authority in accordance with Russian law.
It should be noted that the landlord does not have the right to simply put the tenant out the door.
At the same time, the tenant does not have the right to leave the object without notifying the landlord in advance.
In the first situation, the judicial authority will oblige the landlord to reimburse the costs incurred, in the second, it recognizes the tenant as a potential debtor not only for the use of the premises, but also for utilities.
The rules for early out-of-court termination of the agreement are as follows:
- One side generates and sends the corresponding notification to the opposite side.
- The second party to the transaction gives its positive answer.
- The parties to the transaction sign the corresponding agreement.
The warehouse lease agreement is drawn up on the basis of standard contract lease of real estate for non-residential purposes, taking into account the features, nuances and construction characteristics inherent in warehouses.
Specific characteristics of the contract
The Civil Code provides legal regulation relationship between the parties to the warehouse lease transaction. In essence, the terms of the contract are particularly important for the tenant are the following:
- Operational characteristics of storage facilities. Area and construction volume of the building. Technical data building structures, floor material that allows the use lifting machines, mechanisms and intra-warehouse transport. The presence of a ramp for loading and unloading. For the storage of explosive objects, such as propane cylinders, it is necessary to have a certain distance from nearby buildings, the presence of fire extinguishing equipment, security and fire alarms.
- Warehouse location, availability of communications (power supply, water supply and sewerage, gas pipeline, low-voltage Internet lines, etc.), infrastructure, access railway lines,
- Maintenance staff of the landlord, including security guards and cleaners.
- Insurance of buildings and structures provided for rent and the contracting party responsible for its timely payment.
- The consent of the landlord to transfer the object to a third party, that is, to sublease.
- Compensation of the tenant's expenses for current and major repairs, landscaping, and other improvements to the object of the lease transaction.
- Payment of utility and other operating expenses for the maintenance of the warehouse.
Components of the contract
Regardless of the legal affiliation of the parties to the contract, the requirements of the law are the same both in relation to contracts between legal entities and between citizens and firms.
The contract must state:
- Title of the document;
- date of conclusion of the transaction and place of registration;
- names of firms and their full details, including the names of managers, numbers of notarized powers of attorney for persons representing the interests of the warehouse owner. For individuals, you must specify the last name, first name, patronymic of the citizen and his passport data, including the address of registration;
- complete building and specifications storage facilities that are the subject of a lease transaction;
- sequence of transfer of buildings and / or premises for rent and delivery to the lessor after the expiration of the contract;
- duration of the contract;
- rights and obligations of entrepreneurs participating in the transaction;
- the cost of the transaction, the schedule for paying rent and liquidating debts;
- liability for late payment, damage to the movable and immovable property of the lessor and other related violations of contractual terms;
- circumstances of early termination of the contract and the possibility of its correction;
- signatures and seals of the parties to the transaction, as well as a list of additional documentation.
A correct description of all the characteristics of the subject of the transaction guarantees the parties timely mutual settlements and the safety of the building and equipment of the warehouses.
CONTRACT
rental of non-residential premises
Krasnodar "___" __________ 201__
The current __, hereinafter referred to as the “Lessor”, and _____________________________, the current __, hereinafter referred to as the “Lessee”, on the other hand, have concluded this Agreement as follows:
- SUBJECT OF THE CONTRACT
1.1. The Lessor transfers, and the Lessee accepts for rent a warehouse located at: ____________________, with a total area of ______ m2, owned by the "Lessor" on the basis of a Certificate of Ownership, in a condition that allows it normal operation, in order to accommodate _________________________
1.2. The transfer of the premises is carried out on the basis of the act of acceptance and transfer.
2.1.3. The Lessor undertakes to organize the removal of solid waste generated as a result of the Lessee's activities on the territory of the Lessor, namely, to conclude an agreement for the removal of solid waste.
- DUTIES OF THE PARTIES
2.1. The lessor undertakes:
2.1.1. Produce overhaul at your own expense.
2.1.2. In the event of an accident that occurred through no fault of the Tenant, immediately accept all necessary measures to eliminate its consequences.
2.2. The tenant undertakes:
2.2.1. Use the premises solely for its intended purpose in accordance with this Agreement.
2.2.2. If signs of an emergency condition of electrical and other equipment are found, immediately inform the Lessor about this.
2.2.3. Do not carry out reconstruction of the premises, capital repair work without the consent of the Landlord. Inseparable improvements to the leased premises shall be made only with the written permission of the Lessor.
2.2.4. If the leased premises, as a result of the Lessee's actions or his failure to take the necessary and timely measures, falls into an emergency condition, the Lessee restores it on his own, at his own expense, or compensates for the damage caused to the Lessor in accordance with the procedure established by law.
2.3. The leased premises may be subleased by the Lessee only with the written consent of the Lessor.
- CALCULATIONS
3.1. The tenant makes timely rent payments at the rate of:
- for a warehouse at the rate of _____ rubles per 1 m2 per month, which amounts to ______________ rubles (_____________________________) per month, VAT is not charged on the basis of Art. 346.11 of the Tax Code of the Russian Federation (or other).
The specified amount includes the expenses of the "Lessor" for payment utilities behind non-residential premises(electricity supply, solid waste removal). Cleaning services for "Real Estate" LESSEE pays on his own.
3.2. The lease payment may be revised ahead of schedule at the request of one of the parties in the event of a change in actual prices, as well as due to other factors that affect the estimated value in the composition, characteristics and cost of the transferred premises. Revision of the rent can be carried out no more than once a year. The rent may vary by the amount of the official annual inflation index, but not more than 10%. The party initiating the revision of the rent must notify about it no later than two months in advance.
3.3. Payment for the current month is made by transferring the amount determined by the Agreement to the current account no later than 5 days after the invoice is issued.
3.4. For each day of delay in the transfer of rent, a fine of 0.1% of the amount owed is charged.
3.5. If the Tenant vacates the premises before the expiration of the lease term or in connection with the expiration of the Agreement, he is obliged to pay the Landlord the amount of the cost of damage caused during the operation of the premises.
3.6. Price inseparable improvements produced by the Lessee without the permission of the Lessor, is not subject to compensation.
- VALIDITY, PROCEDURE FOR AMENDMENT AND TERMINATION OF THE AGREEMENT
4.1. The lease term is set from ______________ 201__ to _______________ 201__.
4.1.1. In the event that upon expiration of the "Agreement" none of the "Parties" declares its termination, the "Agreement" is considered to be renewed for an indefinite period.
4.1.2. A month before the expiration of the lease term, the Lessee must notify the Lessor of its intention to extend the term of the Agreement.
4.1.3. The Parties notify each other in writing of their intention to terminate (not renew) the Agreement no later than 45 (forty-five) days in advance, both in connection with the end of the lease term and in case of early release. The property is rented out in good condition, subject to normal wear and tear.
4.2. Changing the terms of the Agreement, its termination and termination are allowed by agreement of the parties.
The introduced additions and changes are considered by the parties within a month and are formalized by an additional agreement.
4.3. The lease agreement is subject to early termination at the request of the Landlord, and the Tenant is subject to eviction:
4.3.1. When using the premises as a whole or part of it is not in accordance with the Lease Agreement.
4.3.2. If the Tenant intentionally or negligently worsens the condition of the premises.
4.3.3. If the Tenant has not paid the rent within three months.
4.4. The lease agreement may be terminated at the request of the Tenant:
4.4.1. If the Landlord does not carry out major repairs of the premises imputed to him.
4.4.2. If the premises, due to circumstances for which the Tenant is not responsible, will be in a state unsuitable for use.
4.5. The Agreement may be terminated due to force majeure (insurmountable) circumstances.
4.7. Disputes arising from this Agreement shall be resolved by the parties through negotiations.
4.8. If agreement is not reached, non-fulfillment or improper fulfillment of the terms of this Agreement by one of the parties, the Agreement may be terminated in an arbitration court in the manner prescribed by law.
- FINAL PART
5.1. This Agreement is made in two copies, having equal legal force, one copy for each of the parties.
- ADDRESSES AND PAYMENT DETAILS OF THE PARTIES
landlord: _____________________________
Tenant: ________________________________
- SIGNATURES OF THE PARTIES
Landlord: Tenant:
_______________________ ________________________
The warehouse should be designed in such a way that it meets the law and the interests of both the landlord and the tenant. To do without damage incurred due to the absence of the necessary points in the document or the fallacy and vagueness of the wording. Finally, so that no one's interests are affected by the termination of the contract.
What should you pay attention to when making a deal?
Perhaps the most important thing is to comply with the conditions, the failure of which leads to the recognition of the contract as not concluded. In addition, the tenant should pay attention to the following:
- It is worth mentioning the type of warehouse according to its purpose - for individual use or a warehouse-hotel for short-term storage of goods of third parties on a leasing basis.
- Before drawing up an agreement, you should check whether the “candidate for lessor” is really entitled to lease the warehouse. By law, only the owner of the warehouse can act as a lessor. The tenant is not entitled to arbitrarily re-sublease it - without the notarized consent of the owner. Such inconsistent subletting should be avoided!
- In addition, it is worth asking about the presence or absence of encumbrances - for example, is the warehouse the subject of a dispute or, perhaps, it is mortgaged. Important: the encumbrance does not yet say that it is impossible to rent. But it must be mentioned in the contract.
Sample warehouse lease agreement between individuals and legal entities
Sample warehouse lease agreement - 1
Sample Warehouse Lease Agreement - 2
Sample Warehouse Lease Agreement - 3
Sample Warehouse Lease Agreement - 4
Sample Warehouse Lease Agreement - 5
Sample Warehouse Lease Agreement - 6
Sample Warehouse Lease Agreement - 7
Sample Warehouse Lease Agreement - 8
Sample Warehouse Lease Agreement - 10
Sample Warehouse Lease Agreement - 9
Sample Warehouse Lease Agreement - 11
Sample Warehouse Lease Agreement - 12
Sample Warehouse Lease Agreement - 13
With an individual and with an individual entrepreneur
If one of the parties to the contract is an individual, you can safely ignore the stipulation of the term in the contract. It will be valid until one of the parties declares termination (one month in advance).
Note that when drawing up a contract, you can use its standard version available in online sources. A sample warehouse lease agreement with an individual, an individual entrepreneur is very similar to what you could see above for legal entities.
Termination of the agreement
The procedure is the necessary section of the document, designed to greatly facilitate the mutual understanding of the parties in the event of circumstances that prompt the termination of the contractual relationship, and provide an opportunity to “part as friends”. Here, the provisions of the agreement also cannot contradict the Civil Code of the Russian Federation. However, there are many good reasons (reasons) for termination.
For example, for a landlord:
- use by the tenant of lease rights as a pledge or as a contribution to another legal entity;
- redevelopment performed by the tenant without the consent of the landlord;
- failure to pay rent as agreed.
If the reasons (grounds) for termination are not specified in the lease agreement, it can be terminated either by mutual agreement of the parties, expressed in a written agreement, or in judicial order on the basis of the norms of the Civil Code of the Russian Federation. It is worth emphasizing once again: the landlord cannot take and put the tenant out the door. And he, in turn, cannot secretly move out without notifying the landlord in writing of his desire to terminate the lease of the warehouse. In the first case, the court will oblige the landlord to reimburse the costs, in the second case, it will recognize the tenant as a debtor for rent and "communal".
The procedure for early extrajudicial termination of the contract is as follows:
- one of the parties draws up and sends to the other an appropriate notice;
- the second gives a positive answer;
- the parties sign the agreement.
If the notification remains unanswered within the prescribed period, the party that prepared and sent it has the right to file an application with the court.
This document entitles the tenant to operate a warehouse owned by the other party to the transaction. She is called the landlord. Use is carried out over a certain period of time. At the same time, the tenant undertakes to maintain the warehouse in the appropriate technical condition. In addition, the rent must be paid on time. Also, the party must pay the operating costs.
The lessor, in turn, is obliged to provide the premises for temporary use, to carry out major repairs here. Also, if necessary, the party is obliged to notify the tenant in advance in case of circumstances that do not allow the warehouse to continue to operate.
What should be written in the document
When filling out the document, it should include:
- data of the parties involved in the transaction;
- information about the rental period;
- location of the warehouse;
- the amount of the rent payment, the order of payment;
- additional costs paid by the tenant.
After filling out the contract and getting acquainted with its terms, the parties put their signatures, backing them up with seals. After that, the contract enters into force.
