Finance, The property
The tenant is the tenant, or we correctly build the lease relations
Everyone has the right to own property alone as well as jointly with others. One of the forms of disposing of property is leasing.
General provisions of the lease relations
Relations in the lease sphere are regulated by Ch. 34 of the Civil Code of the Russian Federation. Rent - a specific type of activity. These relations presuppose the presence of the owner and the person interested in using the property owned by the owner, therefore the lessor is either directly the owner or that person who is authorized to dispose of this property. A tenant is a person who wants to use this property for their own purposes for arranging office premises or using them as a basic means in the production sphere. The object of the lease may be any movable or immovable property, with the exception of those things that in the process of consumption lose their properties. Thus, the lessor and the lessee are the parties to the lease agreement.
Rent of buildings and structures
In the case of the lease of buildings and structures, the text of the lease agreement should contain not only title documents confirming the owner's right to this type of property, but also a copy of the extract from the technical passport indicating the areas of the premises, and an explication to this technical passport. According to Art. 650 of the Civil Code of the Russian Federation, the lessor undertakes to provide an explication and a copy of the technical passport, and the tenant demands this. This approach will reduce the number of problems that arise in calculating rent and the actual lease of premises, and avoid disputes at the stage of drafting the contract.
When drafting a lease to protect both the interests of the sending and receiving parties, it is important to indicate the shortcomings that are present in the leased property. Otherwise, it will be difficult to satisfy the demand for compensation, change, elimination of deficiencies or establishment of a party that caused damage to property.
In the event of a change of ownership, for example, in the sale of a property, or the appearance of third parties claiming ownership, this does not entail the termination of the lease and does not change anything when the property is leased. The tenant takes this into account in his activities, but retains all rights.
Rent is not only a ruble expression of the cost of using leased property, tied to the calendar period (for example, once a month) of the cost per square meter, as well as the possibility of paying rent to the tenant for the obligation to perform repair work.
In accordance with the law, the rent may not change more than once a year. This provision is applicable to the will of the lessor, but if both sides do not object to its change, then it can be adjusted unlimited number of times during the year. This point is important to take into account when signing a lease agreement so that the tenant accepts this later.
Peculiarities of renting land plots
The issue of renting agricultural land is regulated by the law "On the circulation of agricultural land". Agricultural land is a category of land plots located outside the municipal formation of a settlement and used for agricultural purposes. Tenants of land are persons who dispose of land on the basis of a lease agreement.
In accordance with the law, for the provision of a lease of a plot of agricultural land requires a positive decision, adopted by 51% of the participants in the general shareholding meeting . Agricultural land, as a rule, has a lot of co-owners, so the issue of transferring a plot is decided by the general meeting of the owners. Owners who did not attend or voted against the transfer of the land plot are entitled to allocate their share in kind.
The land lease agreement must contain all the essential conditions, including the plot area, category, as well as information on its boundaries. If it is not indicated that the site is under construction, that is, it has clear boundaries and coordinates, the lease agreement may be considered invalid. The maximum lease term for land in this category is 49 years, after which the contract terminates.