Sublease is what? How to conclude a sublease contract for a non-residential premises

Rent - a phenomenon very common in our country. But what is a sublease? This mechanism of interaction is quite new for our country. How is it different? What features exist in practice? In this article you will find answers to these questions, as well as a practical example, where this contract will be considered.

Sublease of non-residential premises: in what case they talk about it

Suppose there is a person who is the owner of an office space. He gives it to someone for rent. The tenant used it and for some reason decided that he did not need a room. Well, then he (with the permission of the owner) can sublet him. This process is regulated by the second paragraph of Article 615 of the Civil Code of the Russian Federation.

When concluding a sublease, it is necessary to make out a contract. And let me remind you once again: the owner's consent to all this must be mandatory. Even if the contract contains an item stating that this is not necessary.

Possible situations are when the contract between the owner and the lessee provides for the possibility of the latter to transfer the property to third parties. But you need to make sure of this yourself, having read the document.

Proceeding from the above, it is not difficult to understand what a sublease is. But such a scheme is rather time-consuming and time-consuming, so it is not necessary to count on the special popularity of this type of relationship.

What is the subject of the sublease agreement

The subject of the sublease contract is a non-residential premises (in our example, an office). At registration it is necessary to take care of that as precisely as possible specified its characteristics:

• address;
• Type of premises;
• area;
• short description.

The latter is often not placed in the contract itself, but in the annex to it. Usually they make up the floor plans of everything that is subletting. This avoids inaccuracies in the documentation.

Parties and form of contract

Any legal entities, individual entrepreneurs and capable individuals can act as subjects of the described contract. The Russian legislation on this has no special requirements.

Not so simple with the form of the contract. So, regardless of the sublease term, the document must be drafted in writing and signed by both parties. If the contract is concluded for a year or more, then it must be registered. Without this, it has no legal force.

Timing

In paragraph 2 of article 615 of the Civil Code of the Russian Federation it is said that the duration of sublease can not be greater than the lease. It should also be noted that there is a difference in the extension. So, if a new lease is concluded, then sublease should be made separately. Therefore, always pay attention to the timing. If the lease is issued for an indefinite period, then if you want to break the agreement about this, you must notify for three months.

What should be in the documents concerning sublease

Now let's look at how subleasing documents should be designed. Basic Documentation:

1. Preamble.
2. The subject of the concluded contract.
3. Obligations and rights of the parties.
4. Prices for non-residential premises for a certain time interval (usually a month) and the procedure for calculating between entities.
5. Responsibility of the parties.
6. How long (till what time) does the contract operate.
7. Requisites, as well as signatures (if necessary, and seal) of the parties.

In addition, the following documents are attached to the contract:

1. Description of the room that is rented.
2. Schedule of payments.
3. The cadastral passport.
4. A certificate that a person has the owner's permission to surrender the premises to third parties.

Also, such documents can be added:

1. Certificate of transfer / reception of non-residential premises.
2. Additional agreements, which specify certain nuances.
3. Protocols of disagreements and documents of their coordination.

Obligations of the lessee and sublessee

Both the tenant and the sublessee have certain responsibilities. The first of them should:

1. Provide the agreed room on time, which is specified in the contract.
2. Require that the capital repairs of the premises, which are the subject of relations, be carried out.
3. To acquaint the sublessee with his rights and duties.
4. Ensure that the intended use of the premises is not impaired.

In turn, the subtenant is obliged:

1. Ensure that the property is in good order, and if there are problems with this, it is through its fault that the premises are repaired.
2. In a timely manner, pay out the money that is set as rent. If late or incomplete payment, damage to property or lack of capital repairs are recorded, then the contract may be terminated before the appointed time.

Compensation agreement

Lessor in the provision of non-residential premises to the lessee, according to Article 423 of the Civil Code, must receive a fee or other counter-provision. If its size is not defined, this does not mean that you do not need to pay anything. This circumstance makes it possible on the part of the lessor to demand that it be received (and in the amount that he wants, within the reasonable limits).

Nonprofit structures often receive for their activities premises for rent free of the rich virtues. In this case, the relationship is further regulated by subparagraph 2 of article 170 of the Civil Code of the Russian Federation. The owner of the property can be transferred or everything is formalized as a sublease of the premises.

About rent

The amount of rent must be agreed upon by both parties and be confirmed in writing. If this is not the case, the contract will be deemed not to be concluded. In some cases, it is necessary to use the rates that were provided for by law.

Sublease is a mechanism in which the above parameter plays a very large role. So, the amount of the fee can be changed only by agreement of the parties in time, which is stipulated by the contract. But this can not be more often than once a year (unless otherwise provided by law).

The contract (sublease of non-residential premises) usually focuses on the area that is rented. So, if the apartments are rented for a certain amount for the whole area or room, then everything here is different. Usually set the rate for one square meter. Then the area is multiplied by it and the amount you need to pay is obtained.

What to look for when signing a contract

We have already sorted out what sublease is and what features of this phenomenon exist. Now let's imagine that we want to remove non-residential premises under the warehouse. Running ahead, it should be said that the sublease of the land does not differ from the example in question. So, initially we need to pay attention to such parameters:

1. date
2. Subject.
3. Place of conclusion of the contract.
4. Validity.
5. Requisites of the parties that conclude the contract.

It is highly desirable that all these parameters be clearly identified, and they can not be interpreted in two ways.

To provide for, whether there will be any problems with the contracting person, it is necessary to check the subject of the contract for availability on the sites of the local court (pay attention to claims). It is also necessary to check whether someone has claims to the counterparty. If there is at least something, then know - this is a problematic object or subject (depending on what was found). He can unfairly conduct economic activities, have large debts to other organizations or people, or even declare bankruptcy proceedings. Therefore, one day you can lose the opportunity to access non-residential premises and there will be problems with the return of money already paid. Also, be sure to check whether the landlord can transfer you to a sublease facility (that is, whether the owner of the property has allowed it).

Conclusion

An important point is the definition of the order, conditions, as well as the timing when the fee is paid. Sublease is a contract in which everything is of great importance. So, it is necessary to provide for the possibility of improving the premises, and compensation when the contract is broken.

Sublease of land is carried out by the same rules, so you can either calculate the compensation in the case of erection of some building or the possibility of its analysis and removal. But all these issues should be clearly worked out in the contracts. Therefore, if you are interested in subletting, a sample concluded between other people with the help of qualified lawyers will help to imagine what should be stipulated. It is better not to miss this opportunity.

And it will be optimal to resort to specialist services in general. Sublease is a relationship that is regulated not by one article of the Russian Civil Code.