Sublease agreement sample download. Sublease agreement for a part of non-residential premises (for the installation of a vending (coffee) machine). The term of the contract must not exceed the term of the lease
Real estate is acquired not only for its intended use: residence, organization of the production process or retail outlet. Often the owner is focused on making a profit. Then, for a fee, the property is transferred to the temporary possession of another person and is leased.
Moreover, civil law allows the re-letting of already rented premises. This is a sublease with the conclusion of an agreement between the parties. How to do it right and what points to consider, we will talk further.
Features of the transfer of premises
By legal nature, rent and sublease are real estate transactions, and therefore must take place subject to legal formalities.
- The legal relations of the parties are regulated by the second part of Chapter 34 of the Civil Code.
- For transactions with non-residential premises, paragraphs 1 and 4 apply.
The rental mechanism is in demand by individuals, legal entities, as well as individual entrepreneurs. Subleasing is not as common as renting and is typical mainly for entrepreneurial activity.
In practice, the process is as follows. Owner commercial real estate leases the building. The parties draw up an agreement, and the tenant uses the entrusted areas. Over time, the need for some of the premises disappears. Then the temporary owner decides to transfer the unused premises to third parties. Under office, shop or workshops. It all depends on the purpose of the space.
note
The legislation obliges to notify the landlord about the re-letting of real estate for sublease. And most importantly - you need to get the written consent of the owner. By introducing the relevant clause into the original agreement or as a separate document.
If the tenant's right to sublease is included in the lease agreement, no additional permission from the owner is required.
Use of leased property
- It is forbidden to use the premises for purposes not specified in the contract. Sometimes this point may not be further specified by the agreement, which is not a violation. Then take into account the original purpose real estate.
- The lessor has the right to check the nature of the operation of the object entrusted to him. True, this right cannot be abused. By law, inspections are allowed in the presence of the subtenant.
- If an excessively arbitrary disposal of the premises is discovered, not only the termination of the contract will follow, but also full compensation for the damage (paragraph 3 of article 615).
- The current maintenance and service of the premises is the responsibility of the subtenant. But amateur performances with reconstructions and redevelopments are prohibited for him. In case of an urgent need for a global restructuring, plans must be agreed with the owner of the premises. Note: not a tenant.
Major repairs for all types of leases are the direct responsibility of the landlord. Terms and volume determine the terms of the lease agreement. If this item is not included in the agreement, repairs are made, if necessary, within a reasonable time. The user of rented areas is notified about the upcoming work one month in advance.
Sublease: the nuances of drawing up a contract
A simple written form of an agreement is sufficient to complete the transaction. But what about state registration? This moment depends on the duration of the sublease. If the sublease of non-residential premises lasts less than a year, everything is done without additional formalities. However, when renting property for a period of more than 12 months, the agreement is registered through Rosreestr.
The document is drawn up in two copies. As a result, each of the parties must have the original of such an agreement. The requirements for a sublease agreement follow from the norms of Art. 615, 617,618:
- the term of the sublease cannot exceed the scope of the main lease;
- sublease rules are subject to the terms of the lease agreement and must not contradict it;
- termination of the lease agreement inevitably entails the termination of the sublease relationship. In this case, it is worth renegotiating the lease directly with the owner of the property;
- if the primary lease is deemed null and void, similar legal consequences come for sublessees regardless of the terms of the sublease.
Special cases
- the change of ownership of the property maintains the rental "chain" and the terms of the agreement;
- in the event of the death of the tenant, all rights pass to the legal heirs for the remaining period of the contract.
The second rule does not apply if the lease was based on the special qualities of the departed. For example, a musician rented a room for a recording studio or a professional photographer organized a photography studio. After their death, heirs who do not have specific skills and abilities are likely to refuse to bear the burden of rent payments themselves.
Essential conditions of sublease
The absence of a statutory contract form can hardly be called an advantage. Commercial property lease disputes happen all the time. It is good if the situation can be resolved "peacefully". But if the case goes to court, the outcome is determined by the terms of the deal. Documented. For the court, only the sublease agreement for non-residential premises matters, the sample of which includes:
- data of the parties to the agreement;
- terms of transfer of property, purpose;
- detailed description of the object:
- type of premises - building, room, warehouse or office space;
- technical characteristics - area, layout features, equipment;
- legal/actual location address;
- rental payment including:
- actual payment for the use of the area;
- utility bills (light, water, heating, etc.).
- communication costs (telephone, internet line);
- other payments at the discretion of the parties;
- details and signatures.
Information about the rental rate is essential condition sublease agreements. Without this, the transaction is considered not to have actually taken place, and the contract is subject to cancellation.
The structure of the sublease agreement
The lease document is concluded in compliance with the general scheme:
- name of the document, number of the agreement with several subtenants, date of conclusion of the agreement;
- introductory part - data of the parties to the transaction, a record of the consent of the main tenant to transfer the premises to third parties;
- the main part (table 1);
- final provisions - force majeure situations are regulated, legal entities indicate the details of the organization;
- signatures of the parties.
Table 1.
Description of the subject of the transaction | Sublease non-residential premises are characterized as a separate object. The receiving party should draw attention to the presence of deficiencies and insist on the inclusion of such data in the description. |
Lease terms with a clear definition of the rights and obligations of the participants in the sublease | The lessor undertakes -
The host undertakes to -
|
Regulations for settlement operations | The size, structure and terms of rent payment are determined. It is necessary to provide for the possibility and conditions for changing payments. |
Liability under the agreement | Measures of influence are established in case of non-compliance with the conditions of the sublease. |
Cancellation and termination of the contract | Sublease cancellation situations are considered:
|
Possibility to change the terms of the contract | If the agreement does not provide for the adjustment of the sublease rules, then after the registration of the lease right it is possible to change anything only in court. |
By agreement of the parties, it is possible to provide additional rules or deviate from the standard form altogether. However, essential information is necessarily included in the conditions.
We register the contract
Recall that the state accounting of rental property is conducted for sublease for a period of 12 months. The procedure is carried out according to general algorithm. An application is sent to the Rosreestr division at the location of the premises with the following attachment:
- sublease agreements (2 copies);
- legal documents for the object: cadastral extracts, passports, if issued - a certificate of ownership;
- constituent documents for organizations, individual entrepreneurs or a passport - for individuals. persons;
- power of attorney for representatives of legal entities;
- the owner's consent to the sublease (or lease agreement with permission to re-tenancy).
This is the standard. Sometimes additional paperwork may be required. For example, permission from guardianship if the object belongs to minors/incompetent owners.
Transfer of premises
The agreement defines the boundaries of the rights and obligations of the parties, the duration of the sub-lease. However, the basis for the transfer of premises is the act of acceptance / transfer supplemented by the following papers:
- room technical plan;
- scheme of engineering and communication networks.
Without this package of documents, the sublease does not acquire legal force. The act must characterize the actual state of the non-residential premises before the start of its operation.
Legally, the sublease of real estate is a complex transaction involving a wide range of persons: the landlord-owner, the tenant and the subtenants. Despite the general dislike for “paperwork”, only a well-drafted contract with a complete package of documents attached will protect the parties from misunderstandings and litigation.
Renting and subleasing non-residential premises is a fairly common phenomenon today. Most often, these types of legal relationships are chosen by entrepreneurs for their business activities. Non-residential commercial premises include a store, an office, production facilities, a warehouse, medical and sports centers, and others.
Legal lease agreements are governed by the Civil Code of the Russian Federation. A sublease is a type of lease where the owner is an entity that has already rented the property and is now releasing it.
This phenomenon is widespread in real estate agencies of commercial real estate, when realtors rent office space and re-let it at a higher cost for rent on separate premises.
Features of the sublease agreement
The salient features of a sublease agreement are:
When concluding a sublease agreement for a period of more than 12 months, it must be registered with state bodies.
In this case, the contract is signed in three copies, one for the parties concluding the contract, one - government bodies. In other cases, two copies are sufficient.
Contents of the sublease agreement
The sublease agreement includes the following sections:
- The preamble, which indicates the parties concluding the contract, as well as the grounds on which their representatives act when making this transaction. One party is the tenant and the other is the sub-tenant.
- General provisions regarding the subject of the contract. Here are the main conditions for concluding a transaction, a description of the characteristics of the object itself (area, address, cadastral number, type of premises), the absence of an encumbrance or other restrictions.
- The rights and obligations of the parties, as well as the terms of the lease, documents accompanying the transfer of the subject of the contract for use, the possibility or impossibility physical changes object and its engineering and communication networks.
- Terms of payment under the contract. This section prescribes the amount of the rent, the conditions under which it can be changed, as well as the timing and procedure for settlements.
- Liability of the parties, as well as penalties for violation of the terms of the sublease agreement for one or another clause of the agreement.
- Term of the contract: the beginning of the contract and its duration.
- Force majeure circumstances that partially or completely remove the responsibility for the fulfillment of the terms of the contract on one side or another.
- Terms of termination of the contract. This subsection of the contract should specify the conditions under which the contract can be terminated by mutual agreement, or by one of the parties.
- The final provisions include all other conditions that were not previously written. These include the procedure for resolving disputes, the number of signed copies of this agreement, the possibilities and conditions for amending the agreement, and others.
- Details of the parties: legal names of companies / full name individuals, legal addresses of the parties, contact numbers, bank details.
- Signatures and seals of the parties concluding the contract.
In the absence of signatures, the contract will not have legal force.
Additional documents when concluding a sublease agreement may be:
The conclusion of a sublease agreement involves a lot of subtleties and nuances, including the taxation of transactions.
Since 2012, the simplified tax payment system has been canceled for them, and all these transactions are taxed according to common system taxation.
This requires a particularly careful attitude to all the details of the transaction, including the execution of the contract itself and related documents.
Here you can view and download the non-residential premises sublease agreement template for 2018 in a format convenient for you. Remember that you can always get our legal assistance, including filling out this form, by contacting us at the numbers listed on the site.
New sample 2019
AGREEMENT No. _____
sublease of non-residential premises
_____________ "___" __________ 20__
We will call ___ hereafter
(name of company)
"Sublessee", represented by ______________________________________________,
acting on the basis of _______________________, on the one hand and
(Charter, regulations)
Hereinafter referred to as the "Tenant",
(name of company)
represented by _____________________________________________, acting on
(position, surname, name, patronymic)
on the basis of ______________________, on the other hand, have concluded this
(Charter, regulations)
agreement on the following:
1. THE SUBJECT OF THE AGREEMENT
1.1. The Lessee undertakes to provide the Sublessee with the premises,
furnished as an office, consisting of _____________________________
(total area ________ sq.m.), located in the building _________________
by the address: __________________________________________________________.
1.2. This agreement is concluded with the written consent
Lessor acting on the basis of ownership of this
room.
2. OBLIGATIONS OF THE PARTIES
2.1. The tenant is obliged:
Provide the Sublessee with the premises for use on time,
provided for in this agreement;
Warn the Sublessee of all obligations of the Lessee
before the Landlord, arising from the lease agreement for non-residential
room;
Warn the Sublessee of all rights of third parties to
sublease property;
Require the Landlord to overhaul at the expense
their funds;
Monitor the use of the premises.
2.2. The subtenant must:
Maintain property in good condition;
Carry out current repairs at your own expense;
Timely pay rent in the amount and terms,
defined by this agreement.
3. COST AND TERMS OF PAYMENT
3.1. For the provided premises Subtenant monthly
pays the Tenant an amount in the amount of ___________ (__________________)
rubles per square meter.
3.2. This amount is due no later than the ___ day of each
3.3. The amount of rent can be changed no more than once a year.
4. RESPONSIBILITIES OF THE PARTIES
4.1. For improper performance of their obligations, the parties have the right
demand early termination of the contract and compensation for damages.
4.2. In the event of a material violation by the Sublessee of the terms
payment of rent The tenant has the right to demand from him early
payment of rent, but not more than for two consecutive terms.
5. TERM AND CONDITIONS OF TERMINATION
5.1. This Agreement shall enter into force on the date of transfer
property for temporary use and is valid ______________________.
By agreement of the parties, this period may be extended. Broadcast
property comes the next day after the signing of the contract.
5.2. The contract may be terminated early only if:
failure of one of the parties to fulfill its obligations.
6. MISCELLANEOUS
6.1. The term of this agreement may not exceed the term
validity of the lease agreement between the Lessee and the Lessor.
6.2. In the event of early termination of the lease agreement
premises The subtenant has preemptive right to a conclusion with
him a lease agreement on property that was in his use in
in accordance with the sublease agreement within the remaining period.
6.3. All disputes and disagreements the parties undertake to resolve by
negotiations. If the parties fail to resolve the disagreements that have arisen, the dispute
submitted for decision arbitration court G. _________________.
6.4. The contract is made in two copies, one for each
7. LEGAL ADDRESSES AND DETAILS OF THE PARTIES
Subtenant: _________________________________________________
______________________________________________________________________
______________________________________________________________________
Tenant: ________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
Signatures of the parties:
Subtenant Tenant
______________________ _____________________
non-residential premises for office in a person acting on the basis of , hereinafter referred to as " Subtenant”, on the one hand, and in the person acting on the basis of , hereinafter referred to as “ Tenant”, on the other hand, hereinafter referred to as the “Parties”, have concluded this agreement, hereinafter “ Treaty" about the following:1. THE SUBJECT OF THE AGREEMENT
1.1. The Lessee undertakes to provide the Sublessee with a premise furnished as an office, consisting of (total area sq.m.) located in the building at: .
1.2. This agreement is concluded with the written consent of the Lessor, acting on the basis of ownership of the premises.
2. OBLIGATIONS OF THE PARTIES
2.1. The tenant is obliged:
- provide the premises for use by the Sublessee within the time period stipulated by this agreement;
- warn the Sublessee about all obligations of the Lessee to the Lessor arising from the lease agreement for non-residential premises;
- warn the Sublessee about all the rights of third parties to the property being subleased;
- require the Lessor to carry out major repairs at its own expense;
- monitor the use of the premises for their intended purpose.
2.2. The subtenant is obliged:
- maintain property in good condition;
- carry out current repairs at their own expense;
- timely pay the rent in the amount and terms specified in this agreement.
3. COST AND TERMS OF PAYMENT
3.1. For the premises provided, the Sublessee pays the Lessee monthly an amount in the amount of rubles per square meter.
3.2. This amount must be paid no later than the date of each month.
3.3. The amount of rent can be changed no more than once a year.
4. RESPONSIBILITIES OF THE PARTIES
4.1. For improper performance of their obligations, the parties have the right to demand early termination of the contract and compensation for losses.
4.2. In the event of a significant violation by the Sublessee of the terms for paying the rent, the Lessee has the right to demand from him early payment of the rent, but not more than for two consecutive terms.
5. TERM AND CONDITIONS OF TERMINATION
5.1. This agreement comes into force from the moment of transfer of property for temporary use and is valid. By agreement of the parties, this period may be extended. The transfer of property occurs the day after the signing of the contract.
5.2. The contract can be terminated ahead of schedule only if one of the parties fails to fulfill its obligations.
6. MISCELLANEOUS
6.1. The term of this agreement cannot exceed the term of the lease agreement between the Lessee and the Lessor.
6.2. In the event of early termination of the lease agreement for non-residential premises, the Sublessee has a pre-emptive right to conclude a lease agreement with him for the property that was in his use in accordance with the sublease agreement within the remaining period.
Evgeny Malyar
bsadsensedynamick
#
Business nuances
How to write a sublease agreement
Article navigation
- Sublease agreement for non-residential premises
- Tenant rights
- Requirements for the execution of a sublease agreement
- Possible additions
- Sample sublease agreement for non-residential premises
- Contract of gratuitous sublease of non-residential premises
- What else subtenants need to know
Most businesses and organizations different forms property, they do not own their own production or office premises, but rent, that is, they rent, and often not from the direct owners of buildings and structures, but from structures that also rent them. This way of using the space is called sublease. Despite the apparent simplicity of this process, it has a number of legal-documentary and fiscal subtleties that should be considered in detail.
Sublease agreement for non-residential premises
Any relations of business entities related to the disposal of material assets in the business world are regulated by agreements drawn up in writing. To begin with, it is necessary to specify some concepts and categories that the participants in the transaction operate with (and sublease is one).
- A sublease is a repeated partial or full lease of real estate (residential or non-residential) to a third party;
- Lessee - an individual or legal entity that has entered into a lease agreement with the direct owner of the property;
- Sublessee - an entity connected by similar contractual relations with the lessee.
Legal relations arising between individuals and legal entities as a result of these business transactions are regulated by the Civil Code of the Russian Federation.
Tenant rights
Leasing transactions are legal transactions, the possibility of which is enshrined at the legislative level (clause 2, article 615 of the Civil Code of the Russian Federation). According to this act, the tenant has the right:
- To sublease the building (or part thereof);
- For gratuitous provision of the premises rented by him to third legal entities or individuals;
- To transfer the rights stipulated by the contract to a third party.
Wherein necessary condition carrying out any of the listed legal actions is the consent of the owner of the property.
Requirements for the execution of a sublease agreement
The document regulating the relationship between the tenant and the subtenant must contain the following information in its text:
- The exact address of the premises;
- The area, the delivery of which is the subject of the contract, expressed in square meters;
- Purpose of using the subleased space;
- Contract time;
- Payment procedure (form and terms).
For complete insurance, sometimes a lease agreement is concluded with the right to sublease. In the legislation of the Russian Federation (Article 615 of the Civil Code) there is no strict recommended form for expressing the consent of the owner of the premises (and, as already indicated, it is necessary). However, the subtenant is not prohibited in turn to rent the same premises to other organizations, which can lead to the formation of a rather long chain of contracts. Based on the likelihood of such a situation, professional lawyers advise prescribing a clause in the contract giving this right or, in each specific case, concluding an additional agreement, which is an integral part of it.
It should also be remembered that the term of the sublease agreement for non-residential and residential premises, in any case (regardless of the end date indicated in it) terminates after the expiration of the primary lease agreement. It does not automatically renew.
It is allowed to draw up a sublease agreement in any form (subject to the obligatory clauses), but entrepreneurs who do not have their own in-house lawyer or do not know how to draw up a document that is flawless in the legal aspect most often use a publicly available standard template:
Download contract form doc
Possible additions
To exclude possible discrepancies and disputes that may arise after the fact, it is recommended to attach the following documents to the sublease agreement:
- Cadastral passport of the property;
- Certificate of state registration;
- The act of acceptance and delivery of non-residential premises, in which the technical condition is recorded (certified by the parties);
- Protocols of disagreements and their approvals.
A sublease or lease agreement, the term of which is equal to or exceeds 12 calendar months, is subject to mandatory state registration and enters into force only after it.
Sample sublease agreement for non-residential premises
Technically, the process of issuing a document is available to heads of commercial structures who do not have special legal knowledge. It is enough just to download (free of charge) the form of the non-residential premises sublease agreement and fill it out, and then sign it to the two parties to this agreement, indicating the tax and bank details:
Download contract form doc
If this process also causes any difficulties, you can always look at examples that illustrate the situation that is most similar to the one that has arisen. In any case, the form will be similar, and the nature of the activity (whether it be a warehouse, office, trade point or something else) only affects the additional conditions and relations of the subtenant with state inspection structures (he bears full responsibility to them on his own).
An example of a contract for a store shows that the clauses in it are the same, and the conditions are no different from those that would be when renting an office:
See example pdf
Contract of gratuitous sublease of non-residential premises
Free sublease is not a very frequent phenomenon, but it is provided for by law. The essence of this action, described briefly, is that a certain structure, having concluded a lease agreement, assumes the obligation to pay for the use of space, but based on some considerations, allows a third party to conduct any activity.
At the same time, it is completely indifferent for the owner of the object whose funds are transferred to his account, since in any case he receives them from the primary tenant. Questions, however, may arise from the tax authorities, and mainly about the possible concealment of income. The scheme of such a fraud is simple: in fact, the subtenant pays the money regularly, but “under the hood” and in cash.
Of course, it is impossible to assume an offense in each specific case. legal contract free use is practically identical to an agreement on the provision of a loan (interest-free loan) in kind, and therefore is considered by analogy. In both situations, we are talking about the temporary provision of freely exploitable resources (financial or other material). A sample contract that meets the requirements of Chapter 9 of the Civil Code is publicly available:
Download contract form doc
Note: if the value of the subject of the contract (that is, the premises itself) does not exceed ten established minimum wages, its written execution is not mandatory.
Without a clear identification of the premises, the document is considered legally void (invalid). In some cases, provided by law, gratuitous rent can be provided only to special entities.
In addition, there are restrictions that do not allow managers, employees, founders, as well as persons who are members of the management board of the organization or control its activities to participate in such transactions.
The term of the contract for the gratuitous use of non-residential premises is limited by the duration of the main lease agreement.
Required Applications:
- Copy of the cadastral passport;
- A copy of the certificate of state registration of ownership of the property;
As well as the already listed documents that supplement the usual paid sublease agreement (protocols of disagreements, additional agreements, acceptance certificates, etc.), if necessary.
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