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Renting commercial real estate - all the secrets. Leasing commercial real estate - subtleties of the process

Renting non-residential premises, for example, for a store, involves searching for a suitable property and concluding a written agreement. It is necessary not only to fill out all its sections correctly, but also to follow the exact sequence of actions. How to rent out non-residential premises correctly from a legal point of view?

Legislation

Issues of leasing non-residential properties are regulated by the Federal Law “On State Registration of Rights to Real Estate and Transactions with It” and the Civil Code of the Russian Federation. According to the law, non-residential objects include those that are part of buildings, but are not suitable for living.

The owner can independently rent out non-residential premises on a contractual basis. It can only be in writing. If the lease is for a period of up to 12 months, the agreement does not have to be registered. If the lease is issued for a period of more than 1 year, the agreement should be registered in the prescribed manner with Rosreestr. Landlords undertake to pay taxes on rental income within the time limits established by law.

Sequencing

The owner has the right to rent out non-residential premises in an apartment building, office or shopping center. It is necessary to know the sequence of actions that must be followed by both parties to the transaction.

Selection of real estate

Finding a suitable property is the most difficult stage. The tenant selects premises based on parameters such as transport accessibility, infrastructure and traffic. The search can be carried out through real estate agencies and specialized websites. Experienced businessmen devote a lot of time to this process.

The non-residential real estate market is divided into premises for the following purposes:

  • Office;
  • Trading;
  • Production;
  • Warehouse.

It is necessary to initially decide on the type of property, location, number of floors and area. It is easier to formulate a query when this data becomes clear. After selecting several options, the future tenant inspects the premises. This is a necessary step. The landlord must present the premises from its advantageous perspective. But you should not hide existing shortcomings, as they may appear later. This could lead to the termination of the lease agreement.

If there is no time to search for premises, the tenant can delegate this work to a trusted person or intermediary. All details and required parameters are provided. These are paid services that are paid in the amount of 50 to 100% of the monthly rent. An agreement must be concluded with the intermediary. Payment must be made after selecting a suitable premises.

Conclusion of an agreement

It is better to involve a lawyer in this process. He will help you draw up the contract correctly and explain controversial issues, as well as check the legal purity of the transaction. You can do this work yourself. Before signing the contract, you must request the following documents:

  1. property documents;
  2. floor plan;
  3. owner's charter documents.

After checking the documents, you should discuss the terms of the lease. They may relate to the following points:

  • payment of utility bills;
  • the amount of rent;
  • deadline for delivery of the premises;
  • availability of telephone communication and Internet access;
  • carrying out repair work;
  • conditions for termination of the contract.

It is important to discuss which party is assigned each item and within what time frame the obligations are fulfilled. The agreements reached are stated in the contract or in the form of additional agreements to it.

It is important to include a clause in the contract regarding actions in the event of force majeure.

It is better if the tenant and the landlord sign the agreement in person without intermediaries. In this case, it is easier to resolve controversial issues; the parties can make some concessions. When drawing up a contract, it is important to fully include information about the property. They must include the full address, floor, area of ​​the premises. The agreement should be accompanied by a floor plan. Only in this case can the agreement be considered valid.

The agreement is signed in 2 copies if the lease is provided for a period of up to 12 months. If a long-term lease of 1 year or more is planned, 3 copies of the agreement are signed. One copy each remains with the landlord and the tenant. Another copy remains with the registrar.

Transfer of premises

After signing the contract, a transfer deed is drawn up from the landlord to the tenant. The day it is signed will be considered the beginning of the lease. The act is signed only after the premises have been completely inspected. If a malfunction is discovered during inspection, it is recorded in the report. This allows you to avoid unnecessary expenses in the future.

The analysis allows you to require the tenant to eliminate defects and malfunctions and reduce the rent. Therefore, it is better for the owner to tidy up the premises and communications in advance. After signing the transfer deed, the tenant can fully use the premises and conduct business activities.

According to current legislation, the contract must contain the following basic conditions:

  1. The parties to the agreement are the tenant and the landlord. In accordance with Art. 608 of the Civil Code of the Russian Federation, the right to rent out non-residential premises belongs to the owner.
  2. Subject of the agreement. Detailed characteristics of the premises are indicated. In accordance with paragraph 3 of Art. 607 of the Civil Code of the Russian Federation, in the absence of them, the agreement is considered invalid.
  3. Terms of use of real estate. They can be recorded in as much detail as possible. It is indicated who is obliged to carry out cosmetic and major repairs.
  4. Payment. The payment amount is fixed. Without this, the contract is considered gratuitous, and this is not permissible for rental agreements.
  5. Validity. It is determined by the parties by mutual agreement. If it is not specified, the contract will be considered concluded for an indefinite period.

An agreement whose validity period is less than 12 months is not subject to mandatory registration. If, after its expiration, another agreement is concluded for a similar period, registration is also not required. An agreement for a period of 12 months is subject to mandatory registration. But it is important to take into account that, based on Articles 619 and 620 of the Civil Code of the Russian Federation, early termination of the contract is possible.

The tenant can transfer the real estate under a sublease agreement. But this is only possible with the consent of the landlord, who is the owner of the property. The sublease agreement must also be registered in accordance with the procedure established by law.

But it is important to consider that early termination of the lease agreement is possible. Both the landlord and the tenant have this right. In fact, the parties to the transaction have complete freedom of action. But the contract must contain the grounds on which early termination is possible.

There are the following features of sublease:

  • The validity period is limited to the duration of the lease agreement with the owner;
  • If the lease agreement is terminated, the subtenant has the opportunity to renew the agreement with the owner before the end of the sublease period on the same terms;
  • If the contract is concluded for a period of 12 months or more, it must be registered.

The following rights and obligations of the tenant are highlighted:

  1. Monitoring the use of premises for their intended purpose.
  2. Timely payment of rent.
  3. Carrying out repairs by agreement of the parties.
  4. Maintaining the premises in proper order.
  5. Drawing up a transfer deed with the subtenant.

In case of any violation of accepted obligations, each party to the transaction has the opportunity to terminate the obligation before the end of the contract.

Required documents

For contracts concluded for a period of 12 months or more, state registration is carried out. To do this, the following package of documents is generated:

  • application of the established form;
  • lease agreement with all attachments;
  • cadastral passport;
  • Russian passports - for individuals, title documents - for legal entities;
  • power of attorney, if the documents are submitted by a representative;
  • notarized consent of the spouse, if the object is jointly owned or was acquired during marriage;
  • permission from the guardianship and trusteeship authority, if the property is registered in the name of an incapacitated or minor citizen;
  • written permission from the pledgee if the property is pledged;
  • receipt of payment of state duty.

Taxes

Taxes are provided for the rental of non-residential premises. The optimal tax regime is a simplified taxation system. Special tax regimes not only make accounting easier, but also have a lower tax burden. The following features apply:

  1. if the cadastral value is determined and a special regional law is in force, tax is paid on office, administrative and retail real estate;
  2. locally the rate is 2%.

If a special law has not been adopted at the local level, the following rates are established for entrepreneurs using the simplified taxation system:

  • simplified tax system 6% - from total income;
  • STS 15% - from income minus expenses.

If the organization is on the general taxation system, a high tax burden is established. In this case, the rental business is not profitable. Traditionally, three main taxes are established:

  1. on the profit of the organization and personal income tax for individual entrepreneurs - 20% for legal entities and 13% for entrepreneurs;
  2. for property - 2% based on the cadastral value and 2.2% when calculating the residual value;
  3. on added value - 18%, if quarterly revenue is more than 2 million rubles.

How to avoid paying taxes on income received from renting non-residential real estate? On the one hand, the legislation establishes the obligation to pay taxes on all lease agreements. If the contract is drawn up for a period of 1 year or more, it is registered in Rosreestr. This information is transferred to the tax service in accordance with the information exchange agreement. If the agreement is drawn up for a period of up to 1 year, the tax service will have to prove the fact of lease, which is not always possible.

Current legislation provides for administrative and criminal liability for carrying out illegal business. Criminal liability is established if illegal business activities are carried out or large profits are made in the amount of 1.5 million rubles.

When a violation is found, judges take into account the person’s specific circumstances and many other factors. As a rule, there are no problems when renting out an apartment or a country house. If a non-residential property is for rent, several signs of entrepreneurial activity can be identified. If the premises are purchased directly for rent, the activity requires registration, as it is recognized as entrepreneurial.

The same applies to long-term leases or contracts that are renewed multiple times. This sign is interpreted as a fact of systematic and intentional profit-making from the ownership of a non-residential property. If these signs are detected, the citizen is recommended to register an individual entrepreneur. In this case, the tax is 6% of the total income. Personal income tax is 13%.

The owner of the premises must file tax returns annually.

Thus, renting non-residential premises has its own number of features. It is necessary to draw up a legally competent agreement, provide for all the specifics of the agreement and pay taxes on time. This will allow you to avoid problems in the future and legally make a profit.

Or a commercial offer. It is necessary to describe your property in detail: indicate the size, number of floors, area, describe the technical condition and equipment, infrastructure, while the emphasis, of course, should be placed on its advantages, but the disadvantages should also be noted.

The most effective ways to find tenants are as follows:

  • Placing advertisements on Internet resources(specialized) is a very popular and effective advertising channel. You should definitely add photos of the property.
  • Search by your friends- a very simple method, but often works faster than others, since the social circle of entrepreneurs implies the intersection of interests in the business sphere.
  • Sending a commercial offer by email– quite often establishments such as restaurants, cafes, bars, shops, salons and others select premises to open another outlet or to move. Since usually the email address of business owners is indicated on the official website of their company, it is not at all difficult to make a specific targeted mailing.
  • Cooperation with a real estate agency- a very good way, because realtors have greater advertising opportunities. In addition, they will be involved in concluding the deal in the future.

What to pay attention to?

Pricing

First you need to familiarize yourself with the commercial real estate database, evaluate the market, and compare prices. However, you need to understand that when concluding real transactions, the amounts are usually slightly reduced.

Competitive advantages

It is quite possible to speed up the terms of leasing commercial real estate by changing the quality characteristics of the premises. Various options are possible:

Also, the advantage will be the reliability of the owner and transparency, that is, a long-term direct contract including VAT, a non-cash form of payment, the ability to take into account not only all amounts under the contract, but also operating payments for tax purposes.

Bonuses and preferences

Typically, commercial real estate owners prefer not to advertise the possibility of providing various bonuses and discounts. Everything is decided on an individual basis, for example, if the company cannot decide to rent premises, you can offer some bonuses. They can also become just the decisive factor for making a positive decision. You can learn more about the legal aspects and benefits of renting from the owner.

Ways to find the target audience and which one is more profitable

Search methods can be done independently or with the help of real estate agencies.

On one's own

When searching for tenants on your own, of course, a lot of time will be spent, even if the contract is drawn up perfectly. In this regard, it is more profitable to turn to professionals (realtors).

As for the price, it is more profitable to search on your own; the costs are naturally lower. The risks in this case may be:

  1. It can be difficult for a non-professional to properly assess a premises and identify its strengths and weaknesses. And the cost of rent depends on this.
  2. It is possible to draw up a commercial proposal taking into account not all important nuances.

When contacting realtors, you can do other things and entrust the search to professionals.

With the help of a realtor

Precious time is saved significantly, since realtors have their own established bases and advertising methods. Their services, of course, will need to be paid; usually the amount is set within the commission from the delivery of real estate.

To avoid risks, You need to conclude a cooperation agreement with the realtor and pay attention to the nuances:

  • Realtors always include a clause in the contract that the owner cannot hand over his property on his own, which means that the realtor will receive a remuneration in any case.
  • You cannot sign an agreement until it is verified that the realtor acts as a legal entity and is registered in the Unified State Register of Legal Entities.

Who to give preference to?

When choosing tenants, preference should be given to legal entities or individual entrepreneurs, these are the most reliable categories; they usually rent not the first premises when expanding their business.

Renting out premises to individuals is unsafe, as they can refuse to pay rent, declaring that there is no money, or simply disappear.

Possible risks


Of course, every owner of commercial real estate is worried about its safety and condition, because the goal of renting out is to make a profit. The main risks for landlords can be identified:

  1. Inappropriate use of premises. For example, the tenant indicated in the contract that the premises would be used as a warehouse, but in fact a store was opened.
  2. Damage to property, that is, equipment may break down, repairs to the premises may be damaged, etc.
  3. Tenant's refusal to pay rent.

We talked in more detail about how to rent commercial real estate so as not to get into trouble in.

How to submit?

When leasing commercial real estate, it is very It is important to correctly prepare all the necessary documentation:

  • make a commercial proposal;
  • prepare a lease agreement, in which it is necessary to specify in detail all the terms of the transaction for both parties;
  • draw up an act of acceptance and transfer of premises for rent.

A commercial proposal, at its core, is a dialogue with a potential tenant, so when drawing it up, you need to try to imagine yourself in his place. The result should be a presentation of information that would definitely attract people and no longer want to look for another option.

There are offers:

  1. personalized, that is, targeted;
  2. not personalized, that is, addressed to everyone.

When compiling it, it is most convenient to adhere to the following structure:

  • Title.
  • The essence of the proposal, here you need to indicate the purpose of the premises being rented: office, industrial, warehouse or retail.
  • The exact address of the object.
  • Main properties and characteristics: area, Internet and telephone availability, alarm system, parking, etc.
  • The terms of cooperation are indicated: the cost of rent and what is included in it, additional services and additional conditions.
  • The advantages of this proposal are possible: high traffic, the presence of well-known companies among the tenants or the proximity of transport hubs.
  • Contact details.

Attention! Attach also photographs of the exterior of the building, a view from the inside and a photo of the entrance lobby.

Drawing up and concluding a contract

Article 609 of the Civil Code of the Russian Federation. Form and state registration of the lease agreement

  1. A lease agreement for a period of more than a year, and if at least one of the parties to the agreement is a legal entity, regardless of the term, must be concluded in writing.
  2. A real estate lease agreement is subject to state registration, unless otherwise provided by law.
  3. A property lease agreement providing for the subsequent transfer of ownership of this property to the lessee (

Where can I rent commercial non-residential premises or a warehouse? How to rent retail space for a store? How to rent out commercial real estate correctly?

Hello to everyone who has visited the website of the popular online magazine “HeatherBeaver”! We have an expert with you - Denis Kuderin.

The topic of today's conversation is commercial real estate rental. The article will be useful to businessmen, owners of non-residential premises and all those who are interested in current financial issues.

At the end of the article you will find an overview of the most reliable Russian real estate companies that provide intermediary services in leasing commercial properties.

So let's begin!

1. Why rent commercial real estate?

Successful business activity largely depends on the well-chosen premises for doing business. This is especially true for trade and the service sector. A cozy, well-equipped store in a busy part of the city attracts customers in itself.

The same can be said about offices. Every self-respecting company should have good premises for work and receiving visitors. Even if you sell goods through an online store, you need a place to complete and issue orders, as well as resolve disputes with customers.

Not every businessman, especially a beginner, can afford to purchase non-residential premises. In such cases, renting commercial real estate comes to the rescue.

We list all the advantages of renting:

  • relatively low financial costs;
  • a simpler documentation procedure compared to purchasing;
  • the ability to change the landlord and move to another building at any time;
  • a large selection of real estate, especially in big cities.

The reverse process - renting out premises - also has many advantages. First of all, it is a reliable source of passive income. Acquiring ownership of commercial space (retail, office, industrial and others) is a good investment option.

As long as private business exists, its representatives will constantly need premises to conduct business, which means that property owners will have a stable profit without much labor.

Finding suitable premises for a business is a troublesome undertaking. The fastest and most reliable way to find an object is to use the services of professional intermediaries.

There is a detailed article on our website about how modern ones work.

2. How to rent commercial real estate - 5 useful tips

When renting commercial properties, you need to be as careful as possible in their selection. The parameters and functional characteristics of the premises determine how soon you can start a business activity, and whether the object will fully meet the goals of your business.

First, decide how you will look for suitable premises - on your own or with the help of an agency. The first method assumes the presence of an unlimited supply of free time and is associated with various risks. The second option is safer and more reliable.

You will find additional information on the topic of working with intermediaries in the article “”.

Expert advice will help you avoid common tenant mistakes.

Tip 1. Carefully study the hood and ventilation systems

You or your employees will be working in the room, so the presence of working ventilation systems is the most important point. The lack of powerful and autonomous ventilation in a building is a real obstacle to the normal operation of a cafe, restaurant, or grocery store.

Food products must be stored in appropriate conditions, and visitors and sellers should not be disturbed by foreign odors. Moreover, sanitary services simply will not allow you to use the facility as a catering establishment or grocery store if it only has general ventilation.

Tip 2: Focus on loading and unloading areas

A convenient area for loading and unloading goods is another key point for owners of cafes, restaurants, canteens and shops.

It is important that the area where loading and unloading operations will be carried out does not overlook the courtyard of a residential building or the roadway. If you disturb residents or motorists, you will be tormented with complaints.

The issue of adequate power supply is especially relevant for tenants whose business involves the use of energy-consuming equipment - refrigerators, electric ovens, machine tools, etc.

Make sure that the electrical cables in the room are capacious enough to fully meet the needs of the enterprise.

Tip 4. Read the terms of the contract carefully

Before signing your signature on the lease agreement, carefully read the terms and conditions under which you are entering into a deal.

The contract must contain the following points:

  • rental terms, cost and method of payment;
  • if the premises are rented with equipment, then an inventory of the property must be drawn up;
  • liability of the parties for violation of the contract;
  • terms of termination of the agreement.

Expenses for utility bills, garbage removal, maintenance of the fire protection system and security alarm are usually borne by the tenant. However, the landlord pays for major repairs, if necessary, including replacement of plumbing communications and electrical wiring if they fail.

Discuss in advance with the landlord the issue of property insurance - whether such an agreement will be drawn up, and if not, decide who will pay for losses in the event of unforeseen situations.

Tip 5. Check property documents

It is imperative to check the owner’s title documents – the purchase and sale agreement, an extract from the State Register on the right of ownership.

Make sure that the premises actually belong to the person who is renting it to you. Otherwise, one day the real owner of the object will appear with the appropriate powers. It is also important that the premises are not mortgaged, have not been seized for debts, or have other encumbrances.

A person who is far from the intricacies of housing law should take advantage of professional help when renting or purchasing non-residential premises. For example, you can clarify for yourself all the unclear points on the Pravoved website, a resource where specialists from all areas of jurisprudence work.

You can ask your question even without registering, right on the main page. You will receive a legally correct and competent answer in just a few minutes, and completely free of charge. If your problem requires in-depth study, you will need to pay for the services of professionals, but you have the right to set the amount of the fee yourself.

Step 2. Determine the amount of rent

To find out the optimal rental price, use one of two options. The first is to personally review your city’s databases and determine the approximate price range for renting similar premises. Second, delegate this task to a realtor.

By the way, in addition to real estate agencies, private brokers provide intermediary services. They typically charge 25-50% less for their work than companies. However, there are only a few private specialists working with non-residential real estate, even in large cities.

5. If you rent out commercial real estate - 3 main risks for the landlord

Every landlord is concerned about the condition of his property and wants to make a profit from rent, not losses.

We will list the main risks for commercial property owners and show you how to avoid them.

Risk 1. Use of the premises for other purposes

Each well-drafted lease agreement specifies for what purpose and how the leased premises will be used. This also applies to equipment that you rent out along with your rental.

If the tenant promised to use the premises as a warehouse, but installed a retail store in it, you have the right to fine him or terminate the agreement without returning the rental price.

Risk 2. Damage or loss of property

You handed over the facility and equipment to what you thought was a respectable citizen, but he, to use diplomatic language, did not live up to your expectations. Namely, he brought the premises to a state of ruin, broke the equipment, unscrewed the light bulbs and generally behaved like a pig.

In such cases, the owner has the right to demand compensation for damage in full. Moreover, not only repair costs must be reimbursed, but also the market value of the damaged equipment.

Liability is not provided if the object and property were damaged as a result of unforeseen circumstances - for example, a fire or flood.

Risk 3. Tenant’s refusal to pay monthly rent

Sloppy payers should be punished with rubles. However, this is possible, again, if the lease agreement is drawn up according to all the rules. That is, the document must clearly stipulate the terms and amount of monthly payments.

6. If you rent commercial real estate - 3 main risks for the tenant

The tenant may also suffer as a result of illegal or unauthorized actions of the landlord.

Risk 1. Renting premises to which the “lessor” has no legal rights

If the premises are rented to you by a person who does not have the legal rights of the owner to the property, the contract will be considered invalid. To avoid this, require the presentation of title documents.

You can independently obtain an extract from Rosreestr by contacting the Multifunctional Center. The service is paid, but you will reliably know “who’s boss.”

Risk 2. Changing the locks on the premises immediately after making an advance payment

Yes, such situations still occur in nature. You sign an agreement, make an advance payment, receive the keys from hand to hand, and when you want to move into the premises with your property, it turns out that the locks have been changed, and there is no trace of the “owners”.

There is only one way out in such a situation - to contact the police and initiate a criminal case on the fact of fraud.

Risk 3. Sublease

The best way to explain this is with a simple example.

Example

The tenant Andrey, an aspiring entrepreneur, rented space for a store for a year, paying six months in advance. At the same time, the businessman did not check the title documents, relying on the honesty of the lessor.

After a month of successful trading, the real owner showed up in the store with a full set of original documents. He politely asked the tenant to move out of the occupied space. Andrey tried to find a subtenant in order to at least get his money paid in advance back, but the enterprising intermediary never responded to either calls or SMS.

Bottom line: Deal directly with the owner. At the very least, he should be aware of all the manipulations that occur with his property.

7. Professional assistance for tenants and landlords - review of TOP-3 real estate agencies

Finding a qualified intermediary is a difficult task. To help readers, we have compiled a review of the most reliable companies in Russia working with commercial real estate.

1) Agency.net

Real estate management agency. Will help landlords and tenants rent and rent: office, retail space, workshop, warehouse, mansion and any other commercial real estate. The company employs only experienced and qualified lawyers and realtors.

A significant advantage of the company is its professional approach, the presence of a detailed website, and the development of an individual strategy for each client of the office. There are no real estate services that the company’s specialists cannot provide to users.

It would seem a simple process of searching for premises for commercial rent and the process of concluding an agreement. But, unlike rental housing, this area of ​​​​services is subject to different laws and regulations. To resolve this issue, some businessmen hire a person who searches for suitable real estate.

This is done for many reasons, since the important parameters in the choice are: city district, presence of competitors, floor, type of premises, availability of communications, area and other important parameters. But to conclude a lease agreement for commercial real estate, discuss the terms of the lease and sign the agreement document itself, it is better to hire a lawyer.

The legislative framework

The entire rental process is regulated by the Civil Code of the Russian Federation, or more precisely, Article 34 “Rent”. According to the law, all conditions that arise during the rental process are written down in the rental document - an agreement that is concluded between the client (tenant) and the landlord.

The most basic responsibilities of the landlord are considered to be maintaining the leased premises in good order, independently carrying out major repairs, in accordance with the Civil Code of the Russian Federation, Article 616. The same article also outlines the responsibilities of the tenant - carrying out cosmetic repairs, maintaining cleanliness and order in the premises, paying all current expenses.

The landlord can lease commercial real estate under other conditions, but then they must be specified in the lease agreement. For example, the landlord may shift its responsibilities for major repairs to the tenant or vice versa.

It is best to involve a lawyer in this process who will understand all the provided real estate papers and help conclude an agreement on mutually beneficial terms. Hiring a qualified lawyer can help identify unauthorized violations that could be included in the businessman's expenses in the future.

Non-legalized redevelopment may become such an unnecessary expense item. A more serious case would be renting a commercial complex with plots of land and several premises. Here it is important to check the presence of all necessary papers for all objects and the absence of additional rent for part of the premises or the presence of deposits.

It may take too much time to put documents in order, register and sort out relationships with other tenants, and the best option may be to choose another premises.

Property Search

One of the most difficult tasks is to find a suitable property, preferably without intermediaries.

The first thing citizens do is turn to print media, which are full of advertisements for renting non-residential premises. Typically, 90% of them are agencies, and only 10% are property owners. For greater convenience for businessmen, such advertisements have begun to be placed on Internet resources, in particular on Avito, commercial real estate rentals are provided with a photo and address of the premises.

Such resources are convenient because using filters you can immediately discard all options that do not fit the search criteria. For example, select all offers for renting office space in a certain city or area, and the system will automatically return all suitable offers, which will significantly speed up the search process.

The commercial real estate rental market is divided into premises for different purposes:

  • Office.
  • Trading.
  • Warehouse.
  • Production.

Therefore, before you start your search, decide what type of real estate you need to choose, in what area of ​​the city, what area, number of floors and other important parameters. Having defined the entire set of conditions, it will be easier for the searcher to formulate his request.

If the search process is not included in the plans, you can entrust this matter to an intermediary. Typically, the services of such companies are paid at a rate of full or half the cost of the monthly rent. But it is advisable to initially sign an agreement with them and determine payment for services only after selecting the premises, so that they are also interested in the timing and quality of their work.

Process of concluding a contract

This is an important process that is best done with a lawyer. Before signing the documents, you must carefully read and discuss all the terms of the lease. Check the owner's documents: a document on the right to dispose of real estate, a floor plan and the statutory documents of the legal entity that owns the property. After checking the documents, discuss all possible rental conditions:

  1. Communal payments.
  2. Telephones and Internet access.
  3. Cost of monthly rent.
  4. Rental periods.
  5. Force majeure circumstances.
  6. Minor repair work.
  7. Major renovation.
  8. Conditions for termination of the contract.

Discuss who will be assigned a specific obligation and the time frame within which it must be completed. All conditions must be recorded in the lease agreement for commercial real estate.

Signing the contract

It is best to draw up an agreement and discuss the terms personally with the owner of the property when renting without intermediaries. In this case, pressing issues are resolved more easily and quickly, and there is the possibility of concessions on the part of the lessor.

When drawing up the text of the contract, a mandatory clause must indicate the full physical address of the property, details and information of the owner. If possible, you should request a floor plan and attach it to the document, especially if redevelopment has been carried out.

The document must be signed in several versions by both parties. Only a document of a certain sample will be able to confirm the terms of the lease and the process of renting the premises.

The duration of the lease may be specified, but if it is not specified, the agreement is considered to be concluded for an indefinite period of time. Don't forget to indicate the exact amount of the rent. Without the specified rental price for commercial real estate, the transaction is considered not concluded. To take into account currency changes, it is necessary to indicate a possible percentage increase in the rental price, but no more than once a year.

Object transfer process

Another important document after the lease agreement will be the act of transfer of real estate by the landlord to the tenant. The day of signing such an act is considered the beginning of the lease. The act must be signed only after a thorough inspection of the building or premises. If a malfunction is noticed during inspection, it should be recorded in the report. By doing this, you can protect yourself from unnecessary expenses that will later fall on the tenant.

In addition, such an analysis of the premises before renting commercial real estate will make it possible to demand that the landlord eliminate the noticed defects free of charge, or reduce the rental cost by a certain amount. If the condition of the property seen does not satisfy the client in any way, he can quite rightly demand termination of the contract.

Remember that upon expiration of the contract, the lessor will take over the property according to the deed that was concluded on the day the premises were accepted for rent. And if there are no faults recorded there, then the landlord can legally demand that they be eliminated at the expense of the tenant. Conversely, if during the rental period positive changes were made in the conditions of the premises, the tenant has the right to demand reimbursement of expenses incurred. Therefore, carefully record all the terms of the lease in the contract.