2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16
Every person has the right to own property both individually and jointly with others. One of the forms of property disposal is leasing.
General tenancy provisions
Relations in the sphere of rent are regulated by Ch. 34 of the Civil Code of the Russian Federation. Renting is a specific type of activity. These relations presuppose the presence of an owner and a person interested in using the property owned by the owner, therefore the lessor is either the owner directly or the person who is authorized to dispose of this property. The tenant is a person who wants to use this property for their own purposes, to equip office space or use it as a fixed asset in the production sector. The object of lease can be any movable or immovable property, with the exception of those things that lose their properties in the process of consumption. Thus, the landlord and the tenant are parties to the lease agreement.
Rent of buildings and facilities
In case of leasebuildings 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 an extract from the technical passport indicating the area of the premises, and an explication to this technical passport. According to Art. 650 of the Civil Code of the Russian Federation, the landlord undertakes to provide an explication and a copy of the registration certificate, and the tenant to require this. This approach will reduce the number of problems that arise with regard to the calculation of rent and with the actual receipt of space for rent, and avoid disputes at the stage of drawing up the contract.
When drawing up a lease agreement, in order to protect both the interests of the transferring and receiving parties, it is important to indicate the shortcomings that exist in the leased property. Otherwise, it will be difficult to satisfy the claim for compensation, change, elimination of deficiencies or identification of the party that caused the damage to the property.
In the event of a change of ownership, for example, when selling a property, or the appearance of third parties claiming ownership, this does not entail the termination of the lease agreement and does not change anything when the property is leased. The tenant takes this into account in his activities, but retains all rights.
Rent
Rent is not only a ruble expression of the cost of using the leased property, tied to a calendar period (for example, once a month) of the cost per square meter, but also the possibility of paying rent to the accountimposing on the tenant the obligation to carry out repairs.
In accordance with the law, the rent can be changed no more than once a year. This provision is applicable to the will of the landlord, but if both parties do not object to its change, then it can be adjusted an unlimited number of times during the year. This point is important to take into account when signing the lease agreement so that the tenant accepts it in the future.
Features of land leases
The issue of leasing agricultural land is regulated by the law "On the turnover of agricultural land." Agricultural land is a category of land plots located outside the boundaries of the municipality of a settlement and used for agricultural purposes. Tenants of land plots are persons who dispose of land plots on the basis of a lease agreement.
In accordance with the law, a positive decision is required to lease a plot of agricultural land, made by 51% of the participants in the meeting on common shared ownership. Agricultural land, as a rule, has a lot of co-owners, so the issue of transferring the land is decided by the general meeting of owners. Owners who were not present or voted against the lease of the site are en titled to allocate their share in kind.
The land lease agreement must contain all the essential conditions, including the area of the site, category, as well as information aboutits boundaries. If it is not indicated that the site is interchanged, that is, it has clear established boundaries and coordinates, the lease agreement may be invalidated. The maximum lease term for this category of land is 49 years, after which the contract is terminated.
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