The lease of the premises may imply a completely varied use of the object in the future, which must correspond to its purpose specified in the documentation.
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A cafe or other place intended for public catering can only be located in non-residential premises that meet certain standards. This fact should be taken into account when choosing premises for rent.
General points
A lease agreement for non-residential premises is always drawn up in writing. In addition, it must be registered with Rosreestr if its term is from a year or more.
In general, such legal relations are governed by general rules on rent, but it is important to take into account the many rules and requirements that apply to catering premises.
In these places, there must be all the necessary communications, compliance with the temperature regime, sanitary standards, and so on.
The text of the agreement must also comply with the existing legal regulations. First of all, this concerns the inclusion of all essential conditions in it, as well as compliance with the conditions for using the facility for its intended purpose.
It is advisable to draw up contracts for the lease of premises that are planned to be used in commercial activities by a specialist.
It is best to use the services of a lawyer who will take into account the wishes of each party and implement them legally correctly.
The premises can be rented not only for commercial purposes, but also for events. For example, for weddings, anniversaries, other celebrations and events.
In this case, a short term of the contract is most often assumed (maximum - several days), as well as service of the event by the employees of the organization.
Basic concepts
| Lease contract | A transaction in accordance with which one person, the owner of an object, transfers a certain object for temporary use to another person for an agreed payment |
| Essential terms of the contract | Such conditions, the absence of which means that the contract cannot be considered concluded |
| Catering place | A cafe, restaurant or other place that provides services for the sale of food and various dishes with the provision of a place for eating |
| Acceptance certificate | A document confirming the fact of the transfer of an object from one person to another |
Essential conditions
The existing judicial practice indicates the essential terms of the lease agreement for non-residential premises.
So, they include:
- The condition of the object of the contract, that is, the data of the real estate object, with the help of which it can be clearly identified.
- Conditions on the amount of rent.
In the absence of these conditions, the contract cannot be considered concluded. Additionally, it is recommended to prescribe in the agreement all the conditions that are important for the parties.
This may be some kind of restrictions on the use of the object, contractual jurisdiction, and so on.
Legal Aspects
The lease agreement is regulated on the basis of:
It is also worth paying attention to the materials of judicial practice, which allows you to conduct a thorough legal analysis of the situation and identify the directions of action and the prospects of the case.
How to correctly conclude a restaurant lease agreement
Before concluding a restaurant lease agreement for a banquet or any event, you must perform the following steps:
- Find out about the conditions under which the premises are provided.
- Check the purpose of the premises, which can be transferred for temporary use.
- Check the landlord on the Internet and reviews about the object.
- To negotiate.
The landlord can also check the tenant. For example, in the database of bailiffs for the presence of debts, this will approximately indicate his reliability.
Required documents
To draw up a lease agreement, the following papers will be required:
Additionally, other documents may be required, it all depends on the specific situation. For example, it can be a power of attorney if a representative is acting from one of the parties.
Sample filling
The lease agreement for the cafe must contain the following conditions:
- The name of the contract, as well as the date it was drawn up.
- Full details of the parties that allow them to be identified.
- Essential terms of the contract, that is, the terms of the object to be transferred and the condition on the amount of the rent.
- Other conditions specifying the transaction.
- Additional factors that the parties considered necessary to include in the text.
At the end of the contract there must be the signatures of the parties and their seals, if any.
A typical lease agreement for premises may also include a condition on the use of the facility for specific purposes, for example, for an off-site cafe, holding celebrations, and so on.
With equipment
The lease agreement for a cafe or other facility intended for public catering may involve the parallel transfer of equipment that can be used for direct use.
When renting with equipment, the parties will need to draw up an inventory that will indicate not only the transferred items, but also their quality and actual condition at the time of the conclusion of the contract.
The terms of the transaction may indicate the ability to use such equipment, as well as liability for damage or damage.
Between individual entrepreneurs and individuals
An agreement can be concluded between an entrepreneur and an individual. Most often, an entrepreneur owns a cafe or other premises and transfers an object to a citizen for temporary use (for example, for holding an event).
At the same time, most of such contracts also involve the actual service of this event by the staff of the cafe.
That is, the essence of the agreement is that by renting premises, the tenant receives a guarantee that third parties will not be able to use the services of the cafe and will not be present at the celebration.
Non-residential premises
Entrepreneurs often rent non-residential premises for the purpose of their subsequent use for catering.
As a rule, these are long-term contracts, so they are subject to registration with Rosreestr.
Such a room must comply with current regulations in terms of sanitary requirements and state standards.
Video: how to terminate a lease early
Otherwise, the person will not be able to obtain all the necessary permits to carry out activities.
Validity
The term of the contract is determined by agreement of the parties. It can be a short-term lease for the purpose of holding a one-time event or a long-term one for doing business.
In any case, after the expiration of the term, the premises must be vacated. Otherwise, the owner has the right to demand payment of a forfeit, penalties, as well as the release of the premises in court.
Responsibility of the parties
The parties are responsible for non-fulfillment of the terms of the contract in accordance with the terms of the concluded transaction or the law.
As a rule, we are talking about civil liability in the form of fines, penalties, and so on.
The tenant can also incur for activities that he / she conducts in the premises in violation of legal requirements.
Arbitrage practice
Judicial practice on this issue is quite diverse. So, in the city of Moscow, the parties entered into a lease agreement for a cafe for a period of two days.
The deal has been agreed, the contract has been signed. The tenant was an individual, and the lessor was an individual entrepreneur. The landlord filed a claim with the court to recover the amount of money from the defendant and indicated the invoice.
The court concluded that the lease agreement cannot be recognized as concluded, since it does not contain a condition on the amount of rent.
However, within the framework of the meeting, the defendant admitted that he had practically received the services. After negotiations, the parties entered into an amicable agreement.
In the city of Rostov-on-Don, a slightly different case was considered. Two individual entrepreneurs entered into a lease agreement, which indicated the use of the transferred premises as a warehouse.
Do you want to rent out the premises you have equipped for a restaurant, or do you intend rent a room equipped as a restaurant, i.e .:
- the subject of legal relations is transfer into temporary possession and use (rent) of a restaurant - premises specially equipped for the provision of public catering services to the population with a wide range of complex dishes and service of waiters, i.e. property firmly connected to land, the movement of which is impossible without damage to it;
- the restaurant is a non-residential premises and is part of the condominium facility (for example, in a business center), i.e. the restaurant belongs to the owner on the basis of individual (separate) ownership. And the common property of the condominium object (entrances, stairs, elevators, roofs, attics, basements, non-apartment or general building engineering systems and equipment, post office boxes, land plot, including improvement elements and other common property) belongs to the owners of the premises on the basis of common shared ownership ... The transfer of the right of ownership and use of the restaurant to another person entails the transfer to the tenant of the restaurant of the corresponding share in the right of ownership and use of the land plot of the condominium object. And therefore, in the presented Restaurant Lease Agreement, the lease object is only a restaurant (If the owner of the restaurant owns both the restaurant and the land plot on which the non-residential premises are located, then it is necessary to use );
- repair issues(current and (or) capital, and (or) caused by urgent need) and improvements(separable and (or) inseparable) restaurant the parties are determined in the manner prescribed by law.
For other documents of the lease section, see
Parties to the restaurant lease agreement:
- Landlord- an individual or legal entity, or an individual entrepreneur who owns a restaurant on the basis of the right of individual (separate) ownership, and which he undertakes to transfer for temporary possession and use (lease) to another party (tenant). At the same time, in relation to individuals, international treaties ratified by the Republic of Kazakhstan, as well as the legislation of the Republic of Kazakhstan, it is established that individual entrepreneurship has the right to carry out:
- citizens of the Republic of Kazakhstan;
- oralmans;
- both permanently residing (subject to a residence permit in the Republic of Kazakhstan) and permanently not residing in the Republic of Kazakhstan (not having a residence permit, but legally located in the Republic of Kazakhstan) citizens of the Republic of Belarus, the Russian Federation and the Republic of Armenia;
- citizens of the Kyrgyz Republic permanently residing in the Republic of Kazakhstan (subject to the availability of a residence permit in the Republic of Kazakhstan).
Also, in relation to these individuals who have the right to carry out individual entrepreneurship and do not use workers on a permanent basis, the law provides the right not to register as an individual entrepreneur when receiving the following types of income:
- taxable at the source of payment, i.e. if the Lessee of the restaurant is a legal entity or an individual entrepreneur, in this case, the Lessee as his tax agent will fulfill the obligation to calculate, withhold and transfer taxes in accordance with the tax legislation of the Republic of Kazakhstan in full and within the established timeframe for accrued income to the Lessor;
- property income, i.e. if the Lessee of the restaurant is an individual, then in this case the Lessor independently calculates and pays individual income tax, as well as submits tax reports on rental income, in accordance with the tax legislation of the Republic of Kazakhstan.
- Tenant- a person (an individual or legal entity, or an individual entrepreneur) who undertakes to accept a restaurant for temporary reimbursable possession and use (rent).
Essential terms of the restaurant lease agreement
(conditions, without which, by virtue of the requirements of the law, the restaurant lease agreement is considered not concluded):
- compliance with the established form of the contract, i.e. its conclusion in writing, its signing by the parties or their representatives and, as a rule, if the transaction is made by legal entities and (or) individual entrepreneurs, seals, if this person, in accordance with the legislation of the Republic of Kazakhstan, must have a seal... Contracts must be concluded in writing:
- concluded for a period of more than one year;
- if both parties to the agreement or only one of them is a legal entity, regardless of the term;
- condition on the subject of the contract, i.e. data allowing to establish which non-residential premises are to be leased, indicating its identification characteristics (information about the non-residential premises, including address, address registration code (if any), type of real estate, cadastral number, type of ownership, number of components, land category, divisibility, purpose, number of storeys, area (general, non-residential, useful);
- the amount of the rent;
- the procedure for the acceptance and transfer of the restaurant according to the Acceptance and Transfer Act.
The usual terms of the Restaurant Lease Agreement
(the conditions that the parties, in order to prevent possible risks and disagreements, by virtue of the law provided by law and (or) business customs, independently determine in the Restaurant Lease Agreement):
- conditions detailing the characteristics and description of both the restaurant and the movable property, if a restaurant equipped with movable property is transferred ( for example, with furniture, appliances, etc.), which allows you to agree on the contract requirements for the quality, quantity and range of property leased;
- information about the presence or absence of the rights of third parties to the restaurant (encumbrances and (or) restrictions) and, if there are rights of third parties, the preparation of the necessary consents according to the submitted forms
- for individuals - guarantees of the parties about the absence of marriage relations or registration of the necessary consent of the spouse (s) for the lease of the spouses' common property in a notarized form;
- the purpose and (or) purpose of the use by the Tenant of the restaurant;
- lease term, and if this period is defined as one year or more, then the procedure for state registration of the right to use is also determined;
- the procedure for subletting a restaurant, if it is not specified in the contract, then the Lessee has the right to sublet the restaurant only with the consent of the Lessor;
- conditions for changing the amount of rent (with a certain frequency or a fixed amount of rent is set);
- expenses for the maintenance of the restaurant ( for example, utilities, restaurant service payments, security, communications, etc.) - as part of the rent or paid additionally;
- procedure, terms and form of payments under the agreement;
- a condition on a guarantee deposit, as a measure to ensure the fulfillment of obligations by the Lessee under the contract;
- responsibility of the parties;
- settlement of disputes;
- the procedure for changing, terminating the contract;
- conditions allowing to conclude an agreement either in simple written form, or the decision of the parties to notarize the agreement, and, depending on this, a different procedure for state registration of the right to use:
- one of the parties, if the parties notarize the restaurant lease agreement;
- by both parties, if the parties enter into an agreement in simple written form.
- other conditions that the parties, by virtue of the law provided by the law and (or) business customs, and (or) agreement of the parties, can independently determine in the agreement.
In the event that a party to the contract is an individual, including an individual entrepreneur, then by virtue of the law "On personal data and their protection" it is necessary to demand from this party"Consent to the collection and processing of personal data."
The restaurant lease is governed by:
- articles of the Civil Code of the Republic of Kazakhstan;
- Law "On State Registration of Rights to Real Estate";
- other normative legal acts governing, as well as related to these legal relations.
For example, a frequently visited cafe may lose customers due to the relocation of a public transport stop or the closure of a nearby business.
The cafe lease agreement refers to transactions for the lease of non-residential premises and is drawn up in compliance with the norms of the Civil Code.
Before concluding a transaction, we recommend that you carefully study the cadastral documentation for the leased property and inspect the leased building or premises with the involvement of specialists. It is advisable to make full-scale measurements of areas and assess the technical condition of building structures and communications.
The lease agreement is considered to have entered into force after the parties have signed the transfer and acceptance certificate of the object.
Form of contract
The standard form of a cafe lease agreement provides for the presence of three paragraphs in it:
- The subject of the contract is a comprehensive description of the leased building or premises. It would be reasonable to indicate all the linear characteristics and areas of rooms, the presence and condition of communications, layout and floor arrangement, etc. To prevent future claims from the lessor, we recommend that you draw up a defective statement that records the quality of the finishing surfaces of the floor, walls and ceilings.
- Contractors' rights and obligations. In this section, special attention should be paid to ensuring the safety of the leased space, that is, after the end of the lease period, the premises must be returned to the lessor in a condition no worse than at the time of their acceptance by the tenant. The functions for the normal operation of the premises can be distributed between the tenant and the lessor, which should be reflected in the contract. The lessee undertakes to pay the lease on time in accordance with the schedule attached to the lease.
- The sequence of settlements. Here you will find the total amount of the rent and the rate for renting one square meter, as well as the form of calculation (cash, non-cash). One of the important additional documents attached to the contract will be the schedule of payments and repayment of arrears.
The standard contract form always contains a paragraph in which the details of the parties to the contract and the names (numbers) of documents confirming the ownership of the lessor are prescribed.
The tenant should carefully examine and verify the authenticity of the landlord's title deeds to the leased building (s). The owner of the real estate, at the request of the tenant, is obliged to provide him with evidence of the absence of any property restrictions. For example, the non-application of collateral in relation to leased premises. Also, there should be no claims of third parties to these premises.
Right choice
The location of the cafe is of great importance for the tenant, as it directly affects the success of his business. For example, finding leased premises for cafes in a large shopping center significantly increases the profitability and profitability of the business.
Terms of the contract
In case of short-term relations between the parties (less than a year), the indication of the lease term in the agreement is not necessary. If the tenant intends to conduct his restaurant business on the rented space for a longer time, then the term must be specified in the contract. Moreover, the fixed term of an agreement lasting more than one year presupposes the registration of the agreement with state authorities (Rosreestre).
This procedure is not required for open-ended contracts.
Sublease
If the tenant plans to provide part of the space or all the premises to third parties, he is obliged to inform the landlord about this. Upon receipt of the consent of the latter, all the conditions of sublease are prescribed in the contract.
Fulfillment of the terms of the contract
The tenant is obliged to use the premises only for their intended purpose, stipulated in the contract. That is, it will not work to locate a sewing production in a room rented as a cafe.
Rent
Due to inflationary expectations, the lessor has the right to stipulate in the contract the possibility of indexing the rent. This phenomenon is ubiquitous, so we advise entrepreneurs to limit the increase in rent to 10% per year.
Dispute resolution
As a rule, any agreement provides for the consideration of disputable situations in the relationship of counterparties through negotiations. If it is impossible to resolve the conflict associated with the terms of the contract or with their execution, disputes are referred to the courts, the jurisdiction and jurisdiction of which extends to the legal relationship of counterparties.
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Cafe lease agreement
As a rule, a potential cafe owner does not think about purchasing a suitable property. It is more profitable and safer for business to rent a cafe. It is safer, because for a cafe, as you know, the most important thing is not the interior and not even the kitchen, but the correct location.
General information about the cafe lease agreement
When renting a cafe, the procedure for concluding a lease agreement for non-residential premises applies. Regulated by Art. 606-625 and clause 4 of Chapter 34 of the Civil Code of the Russian Federation.
The lease agreement for a cafe, like any other, is in two forms and is kept by each participant.
The participants in the transaction visit the cafe, sign the acceptance certificate for the premises, after which the lease of the cafe officially "starts".
How to draw up a lease agreement for a cafe
The classic example of a cafe lease agreement has a three-part structure:
- Subject of the contract. This part contains detailed characteristics of the premises being rented out;
- Rights and obligations of the parties. As a rule, all points in this section boil down to the fact that the lessor undertakes to provide the premises and ensure its safety, and the tenant undertakes to pay the rent on time, monitor the safety of the premises and not carry out uncoordinated redevelopments;
- The procedure for settlements under the contract. The specific amount, the type of payment (bank transfer, personal transfer of money, or others) and the dates of payments are written here.
Cafe lease agreement form
The lease agreement specifies: the name of the lessor and the number of the document on the basis of which he owns the property.
The premises itself for rent is described in detail: address, area, number of storeys, the purpose of the premises.
Sample cafe lease agreement
What to look for when renting a cafe
First of all, the requisites that prove the ownership or lease of the provided cafe are important. The lessor's task is to show that the property is not mortgaged and that no third parties apply for it.
When concluding a lease agreement for a cafe, pay special attention to the address, a description of the premises and its specific boundaries, otherwise the tenant runs the risk of coming into conflict with the "neighbors". The description in the contract must correspond to the data from the BTI passport.
If the parties intend to work together for less than twelve months, then it is not necessary to indicate a specific lease term in the agreement. Otherwise, the term is prescribed, and the contract itself is registered with Rosreestr. State registration is also avoided by concluding an agreement for an unlimited period.
Of course, the tenant is obliged to use the premises only according to the intended purpose, that is, not to arrange a welding shop in the rented cafe.
Perhaps the landlord will insist on adding an indexation clause to the contract, i.e. increase in rent over time. This is a common practice. Because of this, you should not immediately give up the lease and look for another option. But it is recommended to agree on an indexation of no more than 10% per year.
Try to think over possible disputable situations in advance and write down the ways of their painless solution in the contract.
Cafe lease agreement: Video
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The landlord has the right to demand payment of the rent for the entire period of delay. In the event that the specified fee does not cover the losses caused to the Lessor, he may demand their compensation; j) at their own expense carry out routine and cosmetic repairs of the rented premises, current repairs of equipment; k) pay utility bills, telephone, electricity, water bills in accordance with separate agreements, which the Lessee is obliged to conclude with the relevant organizations after the entry into force of this Agreement; l) to organize work, obtain from state and municipal authorities all permits and documents necessary for the implementation of this activity; m) carry out all other actions necessary for the execution of this Agreement, provided for by legislation, this Agreement and amendments thereto. 3. PAYMENTS AND SETTLEMENTS UNDER AGREEMENT 3.1.
Cafe lease agreement
Features of the lease agreement for a cafe
A party that cannot fulfill its obligation must notify the other party of the obstacle and its effect on the fulfillment of obligations under the Agreement within a reasonable time from the moment these circumstances arise. 8.3. The further fate of this Agreement in such cases must be determined by agreement of the parties.
If no agreement is reached, the parties have the right to go to court to resolve this issue. 9. PROCEDURE FOR CHANGING AND SUPPLEMENTING THE AGREEMENT 9.1. Any changes and additions to this Agreement are valid only if they are made in writing and signed by both parties.
9.2. Early termination of the Agreement may take place by agreement of the parties or on the grounds provided for by the civil legislation in force in the territory of the Russian Federation, with compensation for losses incurred. 10. SPECIAL CONDITIONS 10.1.
Lease agreement for premises with equipment: download
With equipment The lease agreement for a cafe or other facility intended for public catering may involve the parallel transfer of equipment that can be used for direct use. When renting with equipment, the parties will need to draw up an inventory that will indicate not only the transferred items, but also their quality and actual condition at the time of the conclusion of the contract.
The terms of the transaction may indicate the ability to use such equipment, as well as liability for damage or damage. Between an individual entrepreneur and an individual An agreement can be concluded between an entrepreneur and an individual.
Most often, an entrepreneur owns a cafe or other premises and transfers an object to a citizen for temporary use (for example, for holding an event).
Lease agreement for premises for a restaurant
Agreement term The Lessor has the right to require the Lessee to pay the rent for each day of delay. 4.7. Upon the return of faulty rented property damaged through the fault of the Lessee, which is confirmed by a bilateral act, the Lessor has the right to demand reimbursement of documented repair costs.
The payment of a penalty does not relieve the parties from fulfilling their obligations or eliminating violations. 4.9. The cost of inseparable improvements made by the Lessee without the permission of the Lessor is not refundable.
5. TERMINATION OF THE CONTRACT 5.1.
Sample. lease agreement for premises and equipment (with the possibility of sublease)
Reorganization of the organization-lessor, as well as a change in the owner of the leased property are not grounds for changing or terminating the Agreement. 1.4. The premises and equipment belong to the Lessor on the right (ownership, economic management, operational management
Our company has been preparing lease agreements for tenants in the restaurant business for several years.
We are familiar with all the major risks that Tenants and Landlords face when entering into such lease agreements.
Extensive experience of participation in negotiations allows us to successfully defend the interests of our clients, securing the agreements reached in the contract.
You can get free advice on concluding and drawing up a lease agreement for premises for a restaurant by calling:
Below we offer you a sample of the Lease Agreement for a restaurant.
Lease agreement for premises for a restaurant
Moscow "___" ________ 20_
LLC "_________________", hereinafter referred to as the "Lessor", represented by the General Director _____________, acting on the basis of the Charter, on the one hand, and
LLC "______", hereinafter referred to as "Lessee", represented by the General Director "_____________", acting on the basis of the Charter, on the other hand, entered into an agreement among themselves as follows:
1. The Subject of the Agreement.
1.1. The Lessor provides the Lessee for a fee for temporary possession and use of non-residential premises located in the Building located at the address: ____________________________. The rooms are located in the basement of the Building and on the first floor of the Quest. In the basement floor of the Building, premises No. ________ are being leased. The layout plan of the premises of the building located in the basement is set out in Appendix No. 1 to this Agreement (Appendix No. 1 is an integral part of this Agreement). Premises No. _______ are being leased on the first floor of the Building. The layout of the premises of the Building located on the ground floor is set out in Appendix No. 2 to this Agreement (Appendix No. 2 is an integral part of this Agreement). The total area of the premises transferred to the Lessee is ___________ sq.m. (hereinafter - "Premises").
1.2. The specified premises belong to the Landlord by right of ownership. Grounds for the acquisition of ownership _________________________________. Specified ownership
registered by the Institution of Justice for the state registration of rights to real estate and transactions with it in the territory of the city of Moscow, about which registration No. ___________________ was made in the Unified State Register of Rights to Real Estate and Transactions with it ______ 200_. (Appendix No. 3 to this agreement).
1.3. Purpose of using the Premises: organization of a catering point. The Landlord, by signing this agreement, gives his consent in principle to the performance by the Tenant of the following works in the premises:
Arrangement of equipment necessary for the operation of the restaurant and connection of this equipment to the appropriate communications.
Carrying out renovation work in the premises in order to bring the internal and external appearance of the premises in accordance with the corporate style of the Tenant.
Carrying out work to bring the premises in accordance with the mandatory standards and requirements established in the Russian Federation, as well as the requirements of the authorized bodies (in particular, fire alarm and fire extinguishing systems, ventilation systems).
1.4. This Agreement does not entail the transfer of ownership of the Premises to the Lessee.
1.5. This Agreement is subject to registration by the Lessor at the Office of the Federal Registration Service in Moscow in accordance with the current
the legislation of the Russian Federation.
1.6. The Lessee provides the Lessor with all the documents necessary for registering this Agreement, in accordance with the current legislation of the Russian Federation, including documents regarding the Lessee's legal entity, no later than 15 (fifteen) business days from the date of signing by the Parties of this Agreement.
1.7. The costs of state registration of this Agreement are borne by the Lessee and the Lessor in equal shares.
2. The term of the contract.
2.1. The premises are leased under the terms of this Agreement for a period from "__" _______ 200_year. until "__" December 20__
2.2. The agreement is considered concluded and enters into force from the moment of its state registration and extends its effect to the relations of the parties arising from __ ____________.
2.3. If you wish to extend the lease of the Premises for the next period, the Lessee shall notify the Lessor about this in writing at least two months before the expiration of the contract.
2.4. In case of failure to provide such a notice, the Lessee undertakes not to interfere with the inspection of the Premises in the last two months of the lease term, to third parties wishing to rent it in agreement with the Lessor.
2.5. At the end of the term of this Agreement, as well as in case of its early termination, the Premises must be vacated by the Tenant. Otherwise, the Lessee is obliged to pay double the rent for the entire time of actual use of the premises after the end of the lease term, as well as pay any possible losses to the Lessor that may arise in connection with not
vacating the Premises by the Tenant.
2.6. If the Landlord agrees to extend the lease of the Premises for the next period, but on different conditions, he notifies the Tenant about this in writing no later than one month before the end of the Agreement. A new Agreement may be concluded by the Parties before the expiration of this Agreement.
2.7. The Lessee, who duly fulfills his obligations, has the preemptive right to extend this Agreement for a new period in accordance with applicable law.
2.8. The termination of this Agreement does not terminate the obligations of the Parties provided for by its provisions and that arose before its termination, and does not remove the liability provided for by law and / or the Agreement for their non-performance or improper performance.
3. Transfer of premises.
3.1. The transfer of the Premises to the Lessee is carried out according to the Acceptance and Transfer Act (Appendix No. 3) within 15 days from the date of registration of this agreement with the Federal Registration Service for the city of Moscow, subject to the Lessee paying for the first two months of the lease and the Lessee making a Security Deposit.
3.2. When extending this Agreement, the Acceptance and Transfer Act may not be drawn up.
3.3. In the event of termination / termination of this Agreement, the Lessee is obliged to transfer the premises to the Lessor under the Act within three working days in the state in which the Lessor transferred the Premises to the Lessee, taking into account normal wear and tear with all inseparable improvements.
3.4. The Lessor is obliged to notify the Lessee in writing, within no more than two working days, of the completion of the process of state registration of this agreement with the Federal Registration Service for the city of Moscow.
4. Use of the Premises.
4.1. The Premises are used by the Lessee only for the purposes specified in clause 1.3. actual agreement.
5. Cost and settlement procedure.
5.1. The Lessee undertakes to pay to the Lessor the rent for the rented Premises specified in clause 1.1. of this Agreement, consisting of the Base part and the Variable part of the rent.
5.2. The basic rent is _____ units of account plus VAT, per 1 sq. M. leased area Premises per year. One unit of account is equal to __ Russian rubles. All calculations are made in Russian rubles. The rent is paid by the Lessee in equal installments on a monthly basis by the 25th day of the month preceding the paid month. The first month of the lease is considered the fourth month after the signing of the Act
reception and transmission of the premises. The tenant pays the rent starting from the first month of the lease. For the first three months after the signing of the acceptance certificate, the rent is not paid.
5.3. The variable part of the rent for the Premises is paid in the following order:
5.3.1. Payment for the provided utilities, operational and other administrative and economic services for the occupied premises is made according to the invoices issued by the Lessor to the Lessee within 5 (five) banking days from the date of receipt of invoices for payment. The Lessee has the right to request from the Lessor, and the Lessor is obliged to provide documents confirming the validity
amounts presented for payment. The lessee has the right to refuse to pay the invoices specified in this clause if the cost of services in these invoices is overstated by more than 50 percent of the usual price charged for such services. Utilities, maintenance and other administrative services are paid by the Lessee from the date of signing the Acceptance Certificate of the Premises.
5.3.2. The subscription fee for the use of telephones installed in the rented Premises, payment for the use of the Internet, facsimile communication, long-distance and international telephone calls, as well as fees for time-based accounting and over-time urban, long-distance and international calls are made on time and in the manner established by the service provider ... The lessee pays the amounts specified in this clause directly to the service provider.
5.4. Within 15 (fifteen) business days after registration of this agreement with the Federal Registration Service for the city of Moscow, the Lessee transfers to the Lessor's account an amount equal to the base part of the rent for 1 (one) month as security for the Lessee's fulfillment of its obligations under this Agreement ( hereinafter - "Guarantee fee") and payment for the first two months
In the event of a change in the base rent, the amount of the Security Deposit is subject to a corresponding change in one direction or another.
5.5. The security deposit is supported by the Lessee during the entire rental period in the amount specified in clause 5.4. The security deposit may be offset by the Lessor against the Lessor's claims against the Lessee for obligations arising from the failure or improper performance of the Lessee's monetary obligations under this Agreement, or in the event that the Lessee causes losses and damage to property owned by the Lessor, as well as in case of violation of other provisions of this Agreement ... In this case, the Lessor withholds from the amount of the Security Deposit the corresponding amounts of debt, compensations, penalties, fines due to the Lessor in accordance with the terms of this Agreement. In the event that the Lessee fulfills all the stipulated conditions of this Agreement, the Lessor undertakes to return to the Lessee the amount of the Security Deposit remaining after the settlement of all financial obligations of the Parties, within 30 (thirty) working days after the termination of the Agreement.
5.6. The Lessee undertakes to provide proof of payment of the Security Deposit.
5.7. Payments by the Lessee are made to the current account of the Lessor.
5.8. Payment is considered made upon receipt of funds to the account of the Lessor.
5.9. The parties have the right to revise the amount of rent in the event of a significant change in the market value of the lease, i.e. decrease or increase by 5% in the rental rate for similar commercial real estate in Moscow. The change in the amount of the rent in any case cannot exceed 10 percent of the amount of the rent, established by clause 5.2. the present
Of the contract. Consideration of the issue of changing the rent can be carried out no more than once a year. The change in the rent rate is drawn up in the form of an additional agreement.
6. Rights and obligations of the Lessee.
6.1. The tenant is obliged:
6.1.1. The Lessee has the right to design and perform works on repair, decoration, partial re-planning and re-equipment of the Premises without agreement with the Lessor, provided that the re-planning is agreed with all the necessary bodies and institutions in the prescribed manner and the Lessor will be provided with documents confirming this agreement.
6.1.2. Regularly and on time to pay the rent, as well as invoices issued by the Lessor in accordance with clause 5.3.1. actual agreement.
6.1.4. Immediately compensate for material damage caused to the Premises caused by the fault of the Tenant.
6.1.5. Upon the expiration of this Agreement, as well as in case of its early termination, transfer to the Lessor all premises with reconstructions and redevelopments made in accordance with the established procedure, constituting the belonging of the premises and inseparable without harm from the structures of the premises in normal condition, taking into account natural wear and tear.
6.1.6. Carry out their activities in good faith and in a legal manner.
6.1.7. Obtain all permits, approvals related to the subsequent targeted use of the Premises, provided for by the current legislation of the Russian Federation. In particular, to coordinate with the State Sanitary and Epidemiological Supervision authorities the conformity of the areas occupied by the Lessee to the type of activity carried out by the Lessee, and in the future to receive all the necessary licenses and permits.
6.1.9. Observe fire safety rules, as well as the rules for the use of thermal and electrical energy, avoid overloading power grids, and observe safety rules. Ensure smoking of its personnel and visitors only in specially designated and equipped places.
6.1.10. Use the communications inside the Premises and Buildings properly and for their intended purpose.
6.1.11. To freely admit the representatives of the Landlord to the rented Premises in order to check the use of the Premises.
6.1.12. Ensure compliance with the access control for the admission of representatives of the Lessee and his visitors to the facility in accordance with the instructions agreed by both Parties.
6.1.13. Ensure compliance with the access control regime for entry and exit of vehicles into the courtyard of the Building.
6.1.14. Conclude a contract for the removal of food waste and garbage on your own, as well as prevent littering of the courtyards of the building, your premises and common areas with household and construction waste. The collection of waste and garbage, as well as their storage and storage is carried out by the Lessee only in the manner and in those places of the Building that the Lessor designates for this.
6.1.15. In the event of accidents that occurred through no fault of the Lessor, the Lessee is obliged to immediately take all measures to eliminate the consequences of such accidents.
6.1.16. Provide the security of the Premises at your own expense.
6.1.17. To independently and at their own expense regulate relations regarding the parking lot.
6.1.18. Provide a subscription fee for the use of telephones installed in the rented Premises, as well as payment for the use of the Internet, facsimile communication, long-distance and international telephone calls, as well as fees for time-based accounting and over-time urban, long-distance and international calls within the time frame and in the manner established service provider.
6.1.19. The current repair of the Premises is carried out by the Tenant at his own expense, if this is required by the actual condition of the Premises, if necessary, replacing parts and equipment, including the inner surfaces of the outer walls, door frames and mechanisms of external entrance doors. The Lessor undertakes not to interfere with the repair by the Lessee in the way chosen
The tenant. The Landlord undertakes not to insist on the use of specific contractors by the Tenant.
6.1.20. The Lessee has the right to install any electrical or mechanical equipment and / or devices in the Premises without the prior written consent of the Lessor.
6.1.21. In the event that the Landlord carries out a major overhaul of the Building in which the Premises is located, the Tenant occupies the procedure, form and timing of this repair must be agreed with the Tenant in writing.
6.1.22. At the end of the use of the Premises, the Lessee returns the Premises to the Lessor under a bilateral act in a condition corresponding to a reasonable degree of wear and tear, as well as taking into account the work performed in accordance with this Agreement and free of the Lessee's personnel and movable property.
6.1.23. The Lessee is obliged to appear at the first call of the Lessor in the event of a danger or emergency.
6.1.24. Without limiting the general meaning of the foregoing, the Tenant undertakes: not to use the Premises for any purpose that may create inconvenience for the Landlord.
6.2. The lessee has the right:
6.2.1. Install and place signs, advertisements on the walls of the building after written agreement with the Landlord, subject to the consent of the relevant city authorities (if such consent is necessary). The tenant independently and at his own expense makes settlements with city organizations. The parties agree on the size and other characteristics of the Lessee's advertising in the form of attachments to this agreement.
6.2.2. After signing the acceptance certificate, go to the Premises to use and dispose of the premises.
6.2.3. Redevelopment, re-equipment, the device of any devices, as well as the placement of additional equipment, communication means or technical systems and other changes (improvements) in the Premises, which the Lessee wishes to carry out at his own expense, can be made without the consent of the Lessor, subject to all norms and rules, as well as obtaining the appropriate
permits in authorized bodies.
6.2.4. Sublet the rented Premises. Subleasing the rented Premises does not release the Lessee from the obligations provided for in this Agreement.
6.2.5. Register subsidiaries and / or dependent companies at the address of the Premises leased by them.
6.2.6. The Lessee has the right, without prior written approval of the Technical Condition and obtaining written permission from the Lessor, to additionally install a ventilation and air conditioning system in the Premises to create more comfortable conditions for visitors and to carry out their activities (goals).
6.2.7. The Lessee has the right to carry out internal electrical wiring and connection to the sewerage system, electricity and water supply systems, heating, ventilation and air conditioning systems, weak currents, fire hydrants, telephone cables without obtaining permission from the Lessor.
7. Rights and obligations of the Lessor.
7.1. The lessor is obliged:
7.1.1. Register this Agreement with the Federal Registration Service for the city of Moscow.
7.1.2. Transfer the Premises specified in clause 1 of this Agreement to the Lessee in the manner and terms specified in clause 3.1. actual agreement.
7.1.3. Transfer the Premises connected to external utilities (electricity, heat, hot and cold water supply, sewerage, sanitary facilities).
7.1.4. Upon the written application of the Lessee, the Lessor provides telephone lines with city numbers for use.
7.1.5. In the event of violations of water, heat, power supply to the Premises, take the necessary measures as soon as possible to resolve the issues of their restoration with the relevant organizations. For the period of absence of water, heat and power supply of the Premises, the rent is not paid.
7.1.6. By written agreement with the Lessee, to carry out major overhauls of the Premises as part of the overhaul of the Building on their own and at their own expense. When the need for major repairs has arisen through the fault of the Lessee, the cost of the major repairs shall be paid by the Lessee.
7.1.7. Not to interfere with the Tenant's use of the Premises and the adjacent territory to the Premises in accordance with clause 1.3. actual agreement.
7.1.8. Provide insurance for the Building.
7.1.9. During the rental period, maintain a security service (security) and a guard post 24 hours a day. The Landlord is not responsible to the Tenant for the safety of the Premises.
7.1.10. In the event of accidents, regardless of the cause of their occurrence, except for cases when such accidents have arisen as a result of malfunction of equipment, communication facilities or technical systems installed by the Lessee in accordance with clause 6.2.3. immediately take measures to eliminate them. For the period during which the negative consequences of the accidents took place, the rent is not paid.
7.1.11. At its own expense, install in the Premises the appropriate elements of the fire alarm and smoke removal system in accordance with the general project for the Building.
7.1.12. Provide the Tenant with the operation and maintenance of the Premises, which includes:
a) repair, inspection, testing and maintenance of all common areas, conduits and power units (including heating, cooling and power distribution, water supply, sewerage, fire alarm systems in the Building)
b) maintaining the cleanliness of the facade of the Building, as well as common areas and the surrounding area
c) maintenance of the ventilation system, fire alarm and smoke removal, maintenance of power supply systems, heating, hot and cold water and sewerage systems located in the Building outside the Premises
d) air conditioning in all rooms of the Building. The Lessee undertakes to pay for these services as they are provided by the Lessor.
7.1.13. To ensure the functioning of ventilation, air conditioning, and a thermal curtain (heating with a coolant) at the expense of its own electric power.
7.2. The lessor has the right:
7.2.1. Verify the Tenant's use of the Premises in accordance with the terms of this Agreement. The check can be carried out during the working day established by the Tenant with prior written notification to the Tenant 24 hours before the proposed check. The Lessor must not interfere with the normal operation of the Lessee.
7.2.2. To determine the need for repairs, the Landlord has the right to periodically inspect the Premises.
7.2.3. The Landlord has the right to independently access the Premises in the event of a danger or emergency, with an immediate call to the Tenant.
8. Responsibility of the parties.
8.1. For the amount of payments overdue by the Lessee, a penalty of 1% is charged with the overdue payment of the amount for each day of delay in payment.
8.2. In case of delay in payment of the rent by the Lessee for more than 10 days, the Lessor has the right to: cut off electricity, phones, restrict the access of the Lessee's employees to the Premises.
8.3. The application of penalties does not relieve the Parties from fulfilling their obligations under the contract.
8.4. Disputes and disagreements arising in connection with the execution of this agreement are resolved through negotiations. If no agreement is reached between the Parties, the Parties apply to the Moscow Arbitration Court.
8.5. The Parties are fully liable to each other for damage or losses caused by one of the Parties, the other Party, employees or visitors of the other Party as a result of the deliberate actions or inaction of the other Party.
9. Early termination of the Agreement.
9.1. Either party has the right to terminate this Agreement early if the other Party violates its essential terms. At the same time, the Parties have established that: The Lessor will violate the essential conditions of this agreement if it does not fulfill or improperly fulfills the conditions set forth in clause 3.1. 3.4. of this agreement The Lessee violates the essential terms of this agreement, in the event
if the Premises are used for other purposes, or if the technical or sanitary condition of the Building deteriorates through the fault of the Lessee. Unilateral termination of the Agreement on other grounds is also allowed in cases stipulated by law.
9.2 A party intending to terminate the Agreement on the grounds provided for in clause 9.1 of this Agreement is obliged to notify the other party in writing at least 30 days before the date of termination of the Agreement, attaching a documented reasoning of its intention.
10. Force Major.
10.1. In the event of force majeure circumstances, namely: natural disasters, social cataclysms, etc. independent of the Parties and the impossibility, in this connection, of full or partial fulfillment by the Parties of their obligations under this Agreement, the period for their fulfillment is postponed in proportion to the time during which these circumstances will objectively operate. If the duration of the course of force majeure exceeds two calendar months, then each of the Parties has the right to refuse further cooperation under this Agreement without compensation for losses.
10.2. The Party for which the above circumstances have arisen must immediately (within ten days from the moment of the occurrence of the specified circumstances) notify the other Party about them. The fact of the occurrence of the circumstances specified in clause 10.1 of this agreement must be confirmed by a certificate or other document of an authorized state body.
11. Final provisions.
11.1. The property left by the Lessee, his employees or third parties in the Premises after the actual end of its use is considered as ownerless and the Lessor is not responsible for it.
11.2. The issues of life, property and civil liability insurance of the Lessee's employees and service personnel are resolved at the expense of the Lessee, regardless of this Agreement.
11.3. All office equipment, technological and office equipment, and other separable property located in the rented Premises is and remains the property of the Lessee and can be freely removed outside the Premises of the Lessor, which must be notified in advance of the Lessee's actions.
11.4. The reorganization of the Tenant, as well as the change in the owner of the leased Premises, is not a basis for changing the conditions or terminating this Agreement.
11.5. This Agreement has been drawn up and signed in triplicate, one for each of the Parties to the agreement and one for the body that carries out state registration of real estate lease agreements.
11.6. Any changes and additions to this Agreement must be made in writing in triplicate, signed by the Parties and registered with the Office of the Federal Registration Service for Moscow in the prescribed manner.
All additions to this Agreement are its integral part.
11.7. An integral part of the contract are:
LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES:
Restaurant lease agreement
Situation in which the Restaurant Lease Agreement is applicable:
You want to rent out the premises you have equipped for a restaurant, or you intend to rent any premises equipped for a restaurant. those.:
For other documents of the lease section, see here
Parties to the restaurant lease agreement:
Also, in relation to these individuals who have the right to carry out individual entrepreneurship and do not use workers on a permanent basis, the law provides the right not to register as an individual entrepreneur when receiving the following types of income:
Taxable at the source of payment. those. if the Tenant of the restaurant is a legal entity or an individual entrepreneur, in this case, the obligation to calculate, withhold and transfer taxes in accordance with the tax legislation of the Republic of Kazakhstan in full and within the established time limits for accrued income to the Landlord will be fulfilled by the Tenant as his tax agent of property income, i.e. e. if the Lessee of the restaurant is an individual, then in this case the Lessor independently calculates and pays individual income tax, as well as submits tax reports on rental income, in accordance with the tax legislation of the Republic of Kazakhstan.
Essential terms of the restaurant lease agreement
(conditions, without which, by virtue of the requirements of the law, the restaurant lease agreement is considered not concluded):
If both parties to the agreement or only one of them is a legal entity, regardless of the term
The usual terms of the Restaurant Lease Agreement
(the conditions that the parties, in order to prevent possible risks and disagreements, by virtue of the law provided by law and (or) business customs, independently determine in the Restaurant Lease Agreement):
In the event that a party to the contract is an individual, including an individual entrepreneur, then by virtue of the law "On personal data and their protection" it is necessary to demand from this party "Consent to the collection and processing of personal data."
The restaurant lease is governed by:
Premises and equipment lease agreement (sublease)
1. GENERAL PROVISIONS
1.1. The Lessor undertakes to provide the Lessee for temporary possession and use of non-residential premises located in ______________ (apartment building, office center, etc.) at the address: _____________, with a total area of ______ sq. m, cadastral number _____________, for the organization _____________ and equipment (along with all accessories and technical documentation), which is transferred together with the rented premises in accordance with the acceptance certificate, which is an integral part of this contract.
1.2. The premises and equipment are leased for a period of ___ year - from "__" _________ ____ to "__" _________ ____. The Agreement comes into force from the moment of its state registration in accordance with the procedure established by the legislation of the Russian Federation. The costs associated with the state registration of this lease agreement are paid in equal shares by the parties to this agreement.
1.3. Reorganization of the organization-lessor, as well as a change in the owner of the leased property are not grounds for changing or terminating the contract.
1.4. The Lessee has the right to transfer the rented premises and equipment for use or sublease to third parties, notifying the Lessor about this.
1.5. The tenant is given the keys and access codes required to use the premises and equipment.
2. OBLIGATIONS OF THE PARTIES
2.1. The lessor is obliged:
a) transfer the leased property into the possession and use of the Lessee in a condition that meets the terms of the contract within ___ days from the date of registration of the contract.
The premises and equipment specified in clause 1.1 are transferred to the Lessee according to the acceptance certificate, in which the technical condition of the premises and equipment at the time of lease must be indicated in detail.
b) provide unimpeded access to the rented premises for employees, transport, customers of the Lessee, as well as any other persons as directed by the Lessee
c) in the event of accidents, fires, floods, explosions and other similar emergency events, at their own expense, immediately take all necessary measures to eliminate the consequences of these events.
If extraordinary events occurred through the fault of the Lessee, then the obligation to eliminate the consequences of these events lies with the Lessee.
d) make major repairs to the premises and equipment on time _________
e) provide advice and other assistance in order to make the most efficient use of the leased property
f) carry out all other actions necessary for the execution of this agreement, provided for by legislation, this agreement and amendments to it.
2.2. The tenant is obliged:
a) use the leased property and equipment in accordance with the objectives of the contract specified in clause 1.1, and the purpose of the property. If the Lessee uses the property not in accordance with the terms of the contract or the purpose of the property, the Lessor has the right to demand termination of the contract and compensation for losses
c) pay the rent on time
d) not to reconstruct the premises, re-equip plumbing fixtures and other major repairs without the written consent of the Lessor. Make inseparable improvements to the rented premises only with the written permission of the Landlord.
e) if signs of an emergency state of plumbing, electrical and other equipment are detected, immediately take measures to eliminate the malfunctions
f) if the rented premises or equipment, as a result of the Tenant's actions or failure to take the necessary and timely measures, comes into an emergency state, the Tenant is obliged to restore it on his own, at his own expense, or to compensate in full the damage caused to the Landlord
g) notify the Landlord in writing no later than ____________ of the forthcoming release of the premises (including part of it) both in connection with the expiration of the contract and in case of early release, to hand over the premises and equipment according to the act in good condition
h) upon the expiration of the term of the contract, as well as in case of its early termination, transfer to the Lessor all the changes and alterations made in the rented premises, as well as improvements that constitute the belonging of the premises and are inseparable without harm from the structure of the premises, as well as make the payments provided for by this agreement
i) return property and equipment to the Lessor after the termination of the contract under the act in the condition in which it was transferred, taking into account normal wear and tear. If the Lessee has not returned the leased property or returned it untimely, the Lessor has the right to demand that the rent be paid for the entire period of delay. In the event that the specified fee does not cover the losses caused to the Lessor, he may demand their compensation
j) at their own expense carry out routine and cosmetic repairs of the rented premises, current repairs of equipment
k) pay utility bills, telephone bills, electricity, water in accordance with separate agreements, which the Lessee is obliged to conclude with the relevant organizations after the entry into force of this agreement
l) to organize work ________ receive from state and municipal authorities all the permits and documents necessary for the implementation of this activity
m) carry out all other actions necessary for the execution of this agreement, provided for by legislation, this agreement and amendments to it.
3. PAYMENTS AND SETTLEMENTS UNDER AGREEMENT
3.1. The rent is set at the rate of __________ rubles. per sq. m, which ultimately amounts to ________ rubles. for one _______ (month, quarter), including VAT in the amount of __________ rubles. The rent for the use of the equipment is included in the rent for the use of the premises.
3.2. Payments provided for in clause 3.1 of the Agreement are made by the Lessee before the ___ day of the month (quarter) to the Lessor's settlement account.
3.3. The rent can be revised by agreement of the parties, but not more often than once a year.
The party initiating the rent review must give the other party ___ (_______) month notice by giving that party written notice.
Upon receipt of a notice of a repeated increase in rent within one year, the Lessee has the right to terminate the contract unilaterally.
3.4. A rental payment received in a smaller amount may not be accepted by the Lessor.
4. RESPONSIBILITY OF THE PARTIES
4.1. In case of non-fulfillment or improper fulfillment of their obligations under this agreement, the parties are liable in accordance with applicable law.
4.2.1. The landlord is responsible for the defects of the rented premises and equipment, which fully or partially impede the use of it, even if at the time of the conclusion of the lease he was not aware of these defects.
If such deficiencies are found, the Lessee has the right, at his choice:
Demand from the Landlord either gratuitous elimination of defects in the property, or a commensurate reduction in the rent, or reimbursement of their expenses for the elimination of defects in the property
Request early termination of the contract.
The Lessor, notified of the Lessee's requirements or his intention to eliminate the property deficiencies at the expense of the Lessor, may immediately replace the property provided to the Lessee with other similar property in proper condition, or eliminate the property deficiencies free of charge. If the satisfaction of the Lessee's claims or the withholding of expenses for the elimination of defects from the rent does not cover the losses caused to the Lessee, he has the right to demand compensation for the uncovered part of the losses.
4.2.2. The Lessor is not responsible for the defects of the leased premises and equipment that were agreed upon when concluding the lease agreement, were known to the Lessee in advance or should have been discovered by the Lessee during the inspection of the property or checking its serviceability when concluding the agreement or transferring the property for lease.
4.3. For each day of delay in payment of rent, a penalty is charged in the amount of ______ of the amount owed, but not more than ______ of the amount of rent for __________ (month, quarter).
4.4. In the event of a delay in the payment of the rent for more than one (month, quarter), the Lessor has the right to terminate the contract and demand compensation for losses caused by this delay.
4.5. For the delay in the provision of the rented premises and equipment within the period established by the contract, the Lessor shall pay the Lessee a penalty in the amount of ____% for each day of delay on the amount of rent for __________ (month, quarter), but not more than ____% of the amount of rent for ____________ (month, quarter ).
4.6. For the delay in returning the rented premises and equipment within the period specified in the contract, the Lessee pays to the Lessor a penalty in the amount of ____% for each day of delay on the amount of rent for __________ (month, quarter), but not more than ____% of the amount of rent for ____________ (month, quarter ).
4.7. Upon the return of faulty rented property damaged through the fault of the Lessee, which is confirmed by a bilateral act, the Lessee shall pay to the Lessor the repair costs and a fine in the amount of _____% of the value of the damaged rented property.
4.8. The payment of a penalty does not relieve the parties from fulfilling their obligations or eliminating violations.
4.9. The cost of inseparable improvements made by the Lessee without the permission of the Lessor is not refundable.
5. TERMINATION OF THE CONTRACT
5.1. This agreement may be terminated early:
By written agreement of the parties
Unilaterally, upon refusal of one of the parties from this agreement in cases where the possibility of such refusal is provided for by law or this agreement
In other cases provided by law or by agreement of the parties.
If one of the parties objects to early termination of the contract, the termination of the contract is carried out in court.
5.2. At the request of the Lessor, the contract may be terminated early by the court in the event that the Lessee:
5.2.1. Uses the provided premises and equipment (in whole or in separate parts) for purposes other than the intended purpose stipulated in clause 1.1 of this agreement.
5.2.2. Deliberately or through negligence significantly worsens the condition of the premises.
5.2.3. During ___________ does not pay the rent specified in clause 3.1.
5.3. At the request of the Lessee, the contract may be terminated early by the court in the following cases:
5.3.1. If the Landlord does not make major repairs to the premises and equipment.
5.3.2. If the premises or equipment, due to circumstances for which the Tenant is not responsible, turns out to be in a condition unsuitable for use.
6. PROCEDURE FOR RESOLUTION OF DISPUTES
6.1. All disputes or disagreements arising between the parties under this agreement or in connection with it shall be resolved through negotiations.
6.2. If it is impossible to resolve disagreements through negotiations, they are subject to consideration in court in the manner prescribed by the current legislation of the Russian Federation.
6.3. Issues not provided for by the contract are subject to settlement in accordance with applicable law.
7. CONFIDENTIALITY
7.1. The terms of this agreement and agreements (protocols, etc.) to it are confidential and not subject to disclosure.
7.2. The parties take all necessary measures to ensure that their employees, agents, successors, without the prior consent of the other party, do not inform third parties about the details of this agreement and its annexes.
8. FORCE MAJEURE
8.1. Neither party shall be liable to the other party for failure to fulfill obligations arising from circumstances arising against the will and wishes of the parties that cannot be foreseen or avoided, including declared or actual war, civil unrest, epidemics, blockade, embargo, earthquakes, floods, fires and other natural disasters.
8.2. A party that cannot fulfill its obligation must notify the other party of the obstacle and its effect on the performance of obligations under the contract within a reasonable time from the moment these circumstances arise.
8.3. The further fate of this agreement in such cases must be determined by agreement of the parties. If no agreement is reached, the parties have the right to go to court to resolve this issue.
9. PROCEDURE FOR CHANGING AND SUPPLEMENTING THE AGREEMENT
9.1. Any changes and additions to this agreement are valid only if they are made in writing, signed by both parties and registered in the manner prescribed by law.
The agreement can be terminated as a result of force majeure (insurmountable) events. Likewise, utilities are certainly negotiated, who will pay for them and who will be obliged to make the current repairs, in case such a need to download a sample cafe lease agreement.
An agreement for the lease of a building or a building, concluded for a period of at least a year, is subject to state registration and the prisoners are told from the episode of such registration. Submit income tax return for the 1st quarter... In the case of applying for state registration of the lease of a land plot that surrounds the state property, on the basis of an agreement concluded for a period of 49 years, documents are submitted confirming the tenant's rights to the real estate object that turned out to be on the leased land plot, in the absence of a record on state registration of data rights in the Unified Municipal Register of Rights to Real Estate and Transactions with It.
For those who are trying to get advice, compensation for registration costs, a subsidy of 58,800 rubles.
The rented buildings have every chance of being subleased by the Tenant only with the written consent of the Landlord: 3-step control log, sample... The date of the reply to the claim is the date of registration of the postal item with the reply. Organizations and individual entrepreneurs applying STS and UTII have the right not to charge VAT. The permission of the guardianship and trusteeship authorities, other persons, bodies at times, specific working legislation. When the lessor did not give the rented property to the tenant within the period specified in the lease agreement, but if the term is not specified in the agreement soon, within a reasonable time, then the tenant has the right to claim this property from him in accordance with Art. The Civil Code of the Russian Federation has every chance to be transferred to land plots and other isolated natural objects, companies and other property ensembles, premises, buildings, equipment, vehicles and other things that do not lose their natural qualities during their use (non-consumable things). The property is rented out together with all its fixtures and related documents (technical passport, property certificate, etc.)
The law has every chance to establish the types of property, the lease of which is not allowed or limited, and also the distinctive features of the lease of land plots and other isolated natural objects.
