Renting non-residential premises using a passport. The nuances of leasing non-residential premises

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Renting non-residential premises

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Renting non-residential premises

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Rental relations have penetrated into all spheres of life: renting an apartment or non-residential real estate for a while is commonplace today. The latter is mainly used for commercial purposes, when placing an office or workshop. Rent out non-residential premises - there are plenty of such advertisements. In order to do this, it is important to know how to do it correctly.

At the moment, there is no specific definition in the law of what non-residential premises are, but there are signs by which it can be identified, they are described in the Civil Code.

Important! Non-residential premises are real estate, which is not always a separate building, but always has separate and clearly defined parts. It cannot be used for residential purposes under any circumstances.

Thus, a house in which living conditions are not created may be converted to organize a dining room or cafe. At the same time, there must be areas (rooms) that can be adapted to the needs of the establishment. There are requirements for the premises of medical institutions, offices, pharmacies, gyms, etc., and they relate to both sanitary and sanitary facilities.

Before renting out any premises, its intended use should be clearly defined, since the tenant is looking for space for a specific purpose.

It is worth remembering, without evidence, that, for example, a residential building has a non-residential purpose, it is prohibited to use the area for business, including renting it.

Non-residential object with a specific purpose

Sometimes the intended purpose for the use of such an object is specified in the papers that the owner draws up when registering it with the cadastral register. It is worth understanding that transferring to another target category is sometimes quite difficult.

Non-residential areas of an apartment building, in particular its first floors, may have a similar purpose. Moreover, how the areas can be used is laid down in the project, for example:

Pharmacy.
Shop.
Office.
Dental office.
Library.
Entertainment centers.

The object receives a specific purpose, and the restrictions arise from the norms established by law.

Free use

The non-residential stock also includes free-use areas. The essence of these is universality, that is, persons engaged in a wide variety of activities can rent them, according to the Civil Code. Their area can be different, moreover, it can be easily divided to suit the needs of different tenants due to quickly erected partitions.

It is very easy to rent out or lease such areas, however, their cost is much higher due to the lack of additional approvals.

Why renting is better than buying

Often, owners of non-residential real estate think about selling the property, but renting it can bring much more income. In addition, it will be stable, but this largely depends on the location.

Among the advantages noted by tenants:

Availability. Financial costs for renting are lower than for purchasing.
Simplified registration procedure - .
Possibility to change landlord. Of course, for someone who rents it out, this is not very good, but everything depends largely on the appetites of the owner and the location of the property.

Important! As long as business flourishes in our country, its participants will need space for offices, warehouses, shops, beauty salons, etc. This means that owners of commercial space can count on stable passive income.

Specifics of leasing non-residential premises

According to the law, individuals and legal entities can rent out premises not intended for housing, being the full owner, without registering as an individual entrepreneur and in the amount of 13%.

There is an exception when registration of an individual entrepreneur is still necessary - this is an activity that is carried out through renting out premises, with the receipt of a permanent and stable income. The owner is required to keep records and have stable relationships with tenants, subject to the conclusion of a lease agreement for a period of 1 year or more.

If the conditions of such activities are violated and an individual does not register an individual entrepreneur, he may have the following consequences:

for a period of up to 6 months or a fine of 300 thousand rubles, or community service for up to 480 hours.
Administrative responsibility. Collection in the amount of 500 to 2 thousand rubles.

Renting stages: step by step

It would seem that it would be easier to advertise the property for rent and wait for a crowd of people interested. But, if you do everything according to the algorithm presented below, you will be able to avoid hitches and troubles. It doesn’t matter what will be rented out: a warehouse, an office or a store premises.

Realtors: are they needed or not?

Of course, it will be faster and more reliable to complete the transaction through realtors, but it is not free. In this case, you should pay attention to real professionals who have the following characteristics:

Experience with commercial real estate.
Reputation.
Availability of a database.

Rent

The success of the lease, or more precisely, how quickly it will be possible to arrange a lease, largely depends on the size of the fee. Again, there are 2 ways:

Enlist the help of a realtor, let him determine the cost.
Explore similar offers in the city yourself.

The amount of rent depends on the following indicators:

From the square.
Purpose.
Proximity to transport interchanges.
Situations in the commercial real estate market.

Advice! If you want to quickly rent out your property and start earning income, we recommend renting it out a little cheaper than the available offers on the market.

Search for a tenant

If you trust a realtor, then these troubles are transferred to his shoulders. At the same time, he receives a certain commission upon successful completion of a transaction. Having decided to act on your own, the options for finding those willing are as follows:

If the premises are small (for 1 tenant), then you can place an ad on special Internet platforms in the city. You can also place an ad in your local newspaper. . An effective option is a banner on the window of a rental property.
If the room is large, then the best solution is to create a thematic website. Of course, you need to promote it using modern internet marketing tools. It’s unlikely that anyone will be able to rent the entire area at once, so you’ll have to be patient.

Lease agreement: rules for drawing up

The laws of the Russian Federation do not have clear rules for regulating rental relations. When drawing up a document, you should be guided by the general rules for drawing up contracts, in which the essence of the transaction is that the owner transfers the agreed area for temporary use to the tenant for a certain fee.

The agreement must be drawn up in writing in two copies. The text must indicate the following essential conditions:

Details of the parties - subjects.
Characteristics of the subject of the contract. Moreover, they must be such that they make it possible to unambiguously identify it. Among the important points: inventory number, exact address, intended purpose, name, area.
Terms of use of rental space.
The amount of payments according to the agreement.

If the rental period of the premises exceeds 1 year, then the following documents should be submitted to Rossreestr:

Statement.
Technical plan prepared by a cadastral engineer.
Agreement with attachments.
Passport.
Receipt for payment of state duty.
Additional documentation, if available.

This algorithm and rules work equally for both individuals and legal entities. In the second case, the peculiarity of the contract is the presence of details and the amount of the state duty.

Risks for the landlord

Of course, any relationship regarding real estate carries certain risks, among the main ones:

Inappropriate use. Although the lease agreement clearly states for what purposes the premises will be used, tenants may violate these clauses for the sake of their profits. If this happens, then the owner has every right.
Damage to premises and equipment. It happens that a seemingly decent tenant behaves in an inappropriate manner: he makes the equipment and the premises itself unusable. In this case, the lessor has every right to demand compensation for losses from him, and legal recourse is allowed.
Not making a payment. Anyone can encounter such a problem, but it is best to prevent this by first specifying responsibility for late payments; such an element of the contract will allow you to feel confident. If the contract does not contain a clause regarding the timing of payment of rent, then there is nothing to complain about.

Municipal facilities

Non-residential properties are often rented out, which... They are generally more affordable than private property. By registering rental transactions, it is possible to replenish the city budget. Mostly contracts are concluded that relate to buildings and premises, less often municipal enterprises.

Important! The main problem that tenants face is the unsatisfactory condition of the property; they have to spend money on repairs and bringing it to an acceptable condition.

Another feature is that such premises can be transferred to the tenant only after an auction. Otherwise, there are no specifics regarding the conclusion of the contract. It is drawn up according to a standard template in two copies for a period of up to 5 years, plus one for Rosreestr. A very important point: when receiving real estate for rent from the municipality for a period of more than 3 years, the tenant receives priority.

Conclusion

A variety of non-residential real estate properties are available for rent. Transactions to obtain them for temporary use are becoming more common. The presented sample contract will help you draw it up correctly, without missing important points.

Leasing a commercial property is not difficult, and most importantly, profitable. With the right approach and knowledge of the main stages of the process, concluding a deal will not be difficult.

The most important thing is to decide on the price, find a client and correctly draw up the contract.

Let's consider all stages of the transaction.

Determination of cost

When conducting a transaction independently, determining the cost of rent is often not objective.

Every owner wants to get the greatest benefit.

But a price that is too high can scare off potential tenants, and a price that is too low can raise doubts. Typically, owners turn to specialists - a realtor or appraiser - for an assessment of the value.

How to rent out non-residential premises yourself? You can do it without the help of professionals. To determine the price yourself, you need to study similar offers from competitors. This will make it possible to understand the general situation on the commercial real estate market and correctly evaluate your premises.

IMPORTANT: The tenant rents a commercial property for the purpose of generating income, so when assessing the cost, it is important to take into account the approximate possible profit that he can receive.

The price is influenced by factors such as:

After taking these points into account and monitoring competitors’ offers, you can objectively evaluate your property.

Search for a client

Leasing commercial real estate from the owner involves searching for potential tenants.

Before doing this, you need to make a commercial offer or advertisement.

It must indicate in detail all the characteristics of the property: area, floor, location, infrastructure, technical condition and equipment. It is better to focus attention in the ad on the advantages.

At the same time, it is important to indicate the shortcomings of the room, so that when viewing you do not put yourself in an awkward position and do not frighten off the client.

Let's take a closer look at ways to find potential tenants.

Search by friends. The easiest way to find a person interested in your proposal is to ask friends and relatives. Often, property owners move in business circles, which means this simplifies the task of quickly renting out their property.
Placing an ad on specialized Internet resources, for example, Avito. The advantage of this method is that your proposal will be seen by hundreds, or even thousands, of interested parties. To find a tenant as soon as possible, you will need to write a good, detailed advertisement, describing all the pros and cons of the premises.
The advertisement must be accompanied by several photographs.
This will make it easier for a potential client to decide whether it is worth considering or not.
Sending an offer by email. Bars, restaurants, shops, salons and other organizations and establishments are often looking for premises to move or open another location. You can find out the email addresses of business owners who may be interested on the official websites of their companies.

Presentation and signing of the document

Proper presentation of your property is the key to quickly concluding a deal.

When showing the premises, try to tell more information about it, focusing on the advantages and possible profit that the object will bring to the client.

Concluding an agreement is the last, but most important and responsible step in the transaction. A correctly drawn up and executed document will protect the owner from an unscrupulous tenant. What should be included in it:

personal information of the tenant and owner;
address, area and technical specifications;
registration data;
deadline;
the amount of payment and the procedure for its transfer;

IMPORTANT: By law, the owner does not have the right to increase the fee more than once a year. Therefore, the contract must indicate the maximum amount of a possible rent increase and the period during which the tenant will be notified about this.

It is important in the document to describe in detail the rights and obligations of the parties and indicate the nature of liability for violations of each clause. It would be useful to supplement the agreement with an inventory of the property available on the premises. After termination of the contract, the owner will be able to receive monetary compensation if the furniture or equipment was damaged by the tenant.

The fastest ways to rent out non-residential premises

How to quickly rent out commercial real estate?

For those who do not want to spend personal time searching for clients, negotiations and showings, it is better to contact a realtor.

He will evaluate the property, set the correct market value, take attractive photographs, draw up a competent ad and will present your property himself.

However, even working with agents has its own nuances. As a rule, realtors work for a commission from the amount of the rental or sale of real estate.

The fee, in the form of a percentage, is usually taken from the applicants, not the owners.

However, not every applicant will be ready to cooperate with an agent who will have to pay money.

Therefore, if the owner urgently needs to find a tenant, he can pay the commission himself. This is often practiced if the owner has many properties or wants to rent out luxury real estate.

The money paid to the agent will not only go into his pocket, but also for necessary expenses - photos, video presentations, advertising, etc.

Another quick way to rent out a non-residential building or office is to reduce the cost. At the same time, it is not necessary to rent it out for next to nothing; it is enough to reduce the payment by 10%. Then your offer will be competitive.

Rental periods

The validity period of a lease agreement for non-residential premises is an important point. It comes in three types.

According to the Civil Code of the Russian Federation, Article 610, paragraph 2., if the contract does not specify a period, then it is considered concluded for an indefinite period. In this case, each party has the right to terminate it at any time, giving three months’ notice of its decision.

A short-term contract is concluded for a period of no more than a year. How to renew a lease agreement for non-residential premises? The extension occurs automatically for an indefinite period if both parties are satisfied with everything.

In this case, a re-conclusion of the agreement is not required. In some cases, the owner may insist on a new document to change the terms or payment. This is only possible with the consent of the tenant.

A long-term agreement is subject to registration with the Federal Reserve System. The extension of such a lease agreement for non-residential premises occurs in the same way as a short-term one - automatically, with the same conditions, rights and obligations of the parties, or a new document with changed requirements is concluded.

Early termination of a tenancy agreement for a certain period is possible both on the part of the owner and on the part of the tenant.

Such issues are resolved in court or by mutual agreement of both persons.

Knowing the important nuances and opportunities when leasing commercial real estate will help you conclude a profitable and safe deal that brings regular passive income.

Many people have various non-residential properties that are not used for any purpose. The best option is to rent them out, since under such conditions a constant and high income is ensured. To do this, the landlord can act as an individual, individual entrepreneur or business owner. The procedure for leasing non-residential premises must be carried out competently, for which official contracts are drawn up with tenants. The need to pay taxes on income received is taken into account.

Rules for providing objects for rent

Many property owners use this type of activity. Renting non-residential premises allows you to receive high passive income. In this case, the lessor may be:

an individual who is the direct owner of the property, therefore he must have official documents for this property;
An individual entrepreneur specially registered with the Federal Tax Service to conduct this activity, and usually entrepreneurs choose the simplified tax system, PSN or UTII to pay taxes, since through the use of simplified regimes it will not be difficult to calculate and pay tax, as well as submit a declaration;
a company represented by a legal entity, and enterprises, like individual entrepreneurs, can use simplified systems for calculating tax.

When drawing up a contract, any of the above owners take into account various nuances. If the rental of non-residential premises is carried out without official registration and registration of income with the Federal Tax Service, then this is an illegal activity for which the owners of the premises are held accountable.

Rules for renting out objects by individuals

Private citizens can own different real estate properties. They are used for different purposes, such as:

creation of an office;
warehouse organization;
formation of a production enterprise;
creation of stores.

A citizen can act as a party to a lease agreement. People must be the direct owners of objects, therefore they are required to have the appropriate title documents and an extract from the Unified State Register of Real Estate. The specifics of leasing non-residential premises by an individual include the following:

citizens must make an entry in advance in Rosreestr that the existing premises are a non-residential property, and technical and cadastral parameters must additionally be indicated;
if the premises are not registered in the cadastral register or are unregistered, then it is not permitted to officially transfer it for use by other persons;
handing over an object for use to companies or other citizens is a property transaction, therefore a civil contract must be concluded with the owner;
In order for the documentation to be formalized officially and correctly, the agreement is drawn up exclusively in writing, after which it is certified by a notary and registered with Rosreestr.

Often an agreement is drawn up for a period not exceeding one year. Under such conditions, there is no need to register the document with Rosreestr.

What documents are required from an individual to conclude a transaction?

If non-residential premises are leased by an individual, the citizen must prepare certain documentation in advance. This includes the following papers:

passport of the citizen who is the owner of the premises;
certificate of ownership, which can be replaced by a new extract from the Unified State Register of Real Estate, which indicates the direct owner of the object;
technical certificate;
other technical documents issued to the owner by BTI employees;
an extract from Rosreestr confirming that the property does not have any encumbrances represented by arrest, pledge or other restrictions.

It is allowed to attract a representative to participate in the transaction, but he must have a notarized power of attorney.

Are taxes paid by individuals?

Quite often, citizens who own real estate use this type of activity to earn money. Renting out non-residential premises brings people quite a significant passive income.

If the agreement is registered in Rosreestr, then information from this institution is sent to the nearest branch of the Federal Tax Service to record the income of citizens. Therefore, renting physical persons of non-residential premises require the calculation and payment of income tax.

To do this, you must annually submit a 3-NDFL declaration to the Federal Tax Service, which indicates all the citizen’s income from renting out the property. Additionally, this document provides the correct amount of personal income tax. Therefore, you will have to pay 13% on the amounts received. Due to such a high tax burden, citizens often prefer to register an individual entrepreneur or open a company in order to significantly reduce the amount of tax, since when using simplified regimes, the tax amount can be reduced to 6% of all income.

Nuances for individual entrepreneurs

Many citizens who are owners of real estate that they prefer to rent out specifically open individual entrepreneurs for these purposes. In this case, they can use simplified regimes when calculating the amount of tax. Leasing of non-residential premises to individual entrepreneurs takes into account the following nuances:

the conclusion of a contract with tenants must be recorded in an official agreement, which specifies the duration of the contract, the features of the property, the cost of rent and other important features;
if the validity period of the agreement exceeds a year, then the contract is registered in Rosreestr;
IP taxes will certainly be paid for the income received, for which the entrepreneur can choose the patent system, simplified tax system or UTII;
The direct transfer of funds must be recorded, for which receipts are drawn up, but most often money is transferred to a current account, so you can prove the receipt of money using bank statements.

Through the use of simplified tax systems, citizens can avoid paying significant taxes. Most often, when renting out non-residential premises, individual entrepreneurs choose UTII, since when using this tax the same amount is paid quarterly. The tax in this case depends on the size of the premises, so it is not affected by the rental price.

The lease of non-residential premises to individual entrepreneurs must be officially carried out. Taxation depends on the chosen regime, but it is important not only to correctly calculate and pay taxes on time, but also to prepare declarations necessary for employees of the Federal Tax Service.

What documents are required from individual entrepreneurs?

If the owner of non-residential real estate is an entrepreneur, then the following documents must be prepared to draw up a contract with the tenant:

certificate of registration and registration;
citizen's passport;
title documents for the property;
technical papers for the facility.

A correctly drawn up agreement must be submitted to the Federal Tax Service along with the declaration, since it confirms the conduct of a specific activity.

Specifics of renting out premises by companies

Often, various non-residential properties are owned not by individuals, but by enterprises. Firms often decide to rent out non-residential premises. The procedure in this case has the following features:

the company may not be the owner of the object, as it can act as an intermediary;
a civil contract is drawn up with the tenants, to which various documentation from the company is attached;
The organization must pay tax on the income received, calculated on the basis of the applicable tax regime, and companies can combine several systems at once to save money on fees.

If the company is not the direct owner of the property, then it can sublease it. Under such conditions, it is required to obtain permission for this activity from the owner.

What documents are required from the company?

If the lessor is a company, then to draw up an agreement the company must prepare the following documentation:

certificate from the Unified State Register of Legal Entities;
constituent documentation of the enterprise;
title papers for the property, confirming that the company actually has the rights to rent out this premises;
if an object is subleased, the company must have permission from the owner for such activities;
the founder, who is the owner of the business, can issue a power of attorney for his employee, as a result of which he has the appropriate authority to carry out the transaction.

Most often, companies with significant areas rent them out, since they do not use them themselves for any purposes. Renting out non-residential premises provides significant passive income, which is why many companies resort to this method of earning money. When drawing up an agreement with a company, you should definitely register it with Rosreestr.

Leasing of objects by the municipality

The administration of any city owns many different real estate properties, which can be residential or non-residential. In this case, the city authorities may decide on the need to rent out these facilities to direct users. Funds received from such activities will be directed to the local budget.

Under such conditions, it is necessary to follow the correct order of delivery of objects. For this, the following nuances are taken into account:

to determine the tenant, official tenders are certainly held;
a lease agreement is concluded with the bidder who offers the highest rent;
the bidding is held in the form of an auction, and individuals, individual entrepreneurs or organizations can take part in it;
To participate in the auction, you must submit a special application on the regional administration website;
only after registration all participants are invited to the auction;
a deposit, represented by an entrance fee, is paid by all applicants, and it is usually equal to 10% of the cost of the object;
the rental price is calculated based on the cadastral price of the property;
If only one applicant submits an application, then no bidding will be held, so the applicant issues a lease without an auction.

The administration may provide the opportunity to sign a contract for a long period exceeding 10 years.

Rules for drawing up a contract

Regardless of who the landlord is, it is important to draft the lease agreement correctly. It is with its help that the proper execution of a property transaction is carried out. The lease agreement for non-residential premises must contain the following information:

the place and date of its compilation is indicated;
the parties involved in the transaction are specified;
if the participants are individuals, then their full name, date of birth and information from their passports are entered;
if the tenant or lessor is a company, then its details are indicated;
the technical features of the property are specified, as well as the address of its location;
lists the conditions on the basis of which the property can be used;
the rental period and cost are indicated;
it is allowed to include a clause on the basis of which in the future the tenant will have the opportunity to purchase the property;
the rights and obligations of each participant in the transaction are given;
the responsibility of the parties is indicated, since if they violate the terms of the agreement for various reasons, then different sanctions or other measures of influence will be applied to them;
the conditions on the basis of which the contract can be terminated early are provided;
situations when you will have to go to court to resolve various conflict issues are listed;
various force majeure circumstances are included under which the parties to the transaction must behave in a specific way.

This documentation does not need to be certified by a notary. This official document regulates the procedure for leasing residential and non-residential premises. The documentation is drawn up in three copies, since one remains with the landlord, the second is given to the tenant, and the third is used for registration with Rosreestr. The agreement comes into force only after registration. Prolongation of the contract is allowed if there is an agreement between the parties. A sample agreement is presented below.

Rules for drawing up a transfer and acceptance certificate

As soon as an agreement is drawn up on the basis of which non-residential premises are leased by an individual entrepreneur, individual or company, it is required to transfer the object to the tenant.

The transfer is carried out directly within the terms specified in the contract. For this purpose, it is advisable to draw up a transfer and acceptance certificate. A document is drawn up in the presence of third parties confirming that the parties to the transaction are in good faith and capable.

The document lists all the parameters of the existing real estate, which include:

condition of floor and wall coverings;
availability of plumbing fixtures;
location and technical features of communications.

If there is furniture in the room, you should list it and also indicate what condition it is in.

What tax regimes are used by the lessor?

Property owners who rent out real estate receive a certain income from this process, on which they are required to pay tax. Individuals pay 13% on all income. Due to such a high tax burden, landlords prefer to open an individual entrepreneur or a company. Different tax regimes can be selected for calculations:

USN. Under this regime, 6% of all cash receipts or 15% of net profit is paid. Local authorities may increase rates for office or retail real estate. The tax base is income for the year of work or profit from activities. Some regions are introducing incentives for small businesses. Additionally, due to tax transfers, the amount paid by entrepreneurs for themselves to the Pension Fund and other funds is reduced.
Patent for leasing non-residential premises. This taxation system is considered the most beneficial for many entrepreneurs. Only IP patents can be used. Renting non-residential premises under such conditions does not require the preparation and submission of various reports to the Federal Tax Service. Therefore, it is only necessary to initially purchase a patent at the optimal cost for a specific period of time. They can purchase an individual entrepreneur patent for different periods. Leasing non-residential premises using this mode is considered a profitable process.
BASIC. This system is rarely chosen for leasing properties, since one has to pay a large number of taxes and deal with accounting. Typically, this mode is used by companies that do not want to combine several systems.
UTII. Renting non-residential premises under this regime is usually chosen only if there is a small-sized property. If the premises have a significant area, then it is more advisable to choose a simplified tax system or a patent. When calculating UTII, the physical indicator represented by the area of the property is taken into account. Therefore, it is optimal to choose this mode if the size of the object does not exceed 30 square meters. m.

The choice of a specific system depends on the direct tenants. Some companies and individual entrepreneurs prefer to combine several regimes, which provides an opportunity to reduce the tax burden.

Conclusion

Renting out various non-residential premises is considered a profitable process. It can be carried out by individuals, individual entrepreneurs or companies. Firms may not be the owners of the objects at all, so they act only as intermediaries.

The procedure for providing real estate for rent requires proper execution of the transaction, for which an official agreement must be drawn up between the participants and registered with Rosreestr.

Rent out non-residential premises in 2018 - independently, documents, rules

Individuals in Russia can be the owners of not only residential premises, but also non-residential premises - those that are not registered in the housing stock of a settlement or city (Clause 1 of Article 213 of the Civil Code of the Russian Federation). Therefore, owners of this type of real estate can dispose of it at their own discretion, including renting it out (Clause 1, Article 541 of the Civil Code of the Russian Federation).

Transactions for the lease of non-residential premises, in which the participants are civilians, are concluded according to certain rules, in many ways similar to transactions with legal entities or individual entrepreneurs.

There are general rules, following which you can effectively and quickly rent out real estate that is not part of the housing stock.

In addition, there are specific features when renting non-residential real estate free of charge, or vice versa, to an individual, etc.

Let us consider, as an example, several variants of situations in which it is possible to lease non-residential premises according to your own conditions.

Based on clause 1 of Article 209 of the Civil Code of the Russian Federation, as well as other legal standards, the owner, being an individual, can rent out real estate that is not part of the housing stock.

And for this, he does not need to become an individual entrepreneur (hereinafter referred to as an individual entrepreneur) in order to legally receive income from renting out premises or a non-residential building or structure.

If the owner of the property does not use regular hired labor, then the law allows not to become an individual entrepreneur (clauses 1-4 of Article 19 of the Civil Code of the Russian Federation).

At the same time, all agreements that are concluded by individuals during such rental transactions will be legally considered as GPC agreements - of a civil legal nature.

This means that the rent can be quite easily established in accordance with the contractual conclusion of the lease agreement.

A few more words need to be said about the case when an individual leases non-residential premises to a legal entity.

Here it is important to take into account the following points in the text of the contract, which will affect the accounting department of the employing enterprise:

Information about the object must be indicated - the exact address, location, cadastral registration number, operational and technical information (for example, area, number of floors, amenities for work, etc.).
No VAT to be paid by legal entities. the person is not required because the contract is concluded not with another enterprise, but with a citizen.
The rental price may include payments for utilities. This is convenient for correct accounting of expenses for the enterprise.
The form of payment must be specified in the contract - non-cash or with payment of funds in cash.
Legal the person paying the individual payment to a person for the temporary use of his property is also a tax payer under personal income tax (clause 1 of article 226 of the Tax Code of the Russian Federation). Therefore, an enterprise can independently transfer 13% to a tax organization for this transaction.

Thanks to the modern payment system, legal entities can pay with individuals using non-cash payments.

You just need to indicate in the agreement the bank details of the accounts, the plastic card of the individual, where the tenant will transfer the fee for the use of the real estate of the citizen-lessor.

Note! If a legal entity has entered into a lease agreement for non-residential premises owned by an individual, and if the latter becomes an individual entrepreneur in the middle of the validity period of such an agreement, then the legal entity. the person will not be required to pay 13% tax on the transaction. There the taxation system will be implemented according to a different scheme.

Is it possible to take physical? face

A legal entity or individual entrepreneur who is the owner of non-residential premises has the full right to rent it out to an individual. There are no legal prohibitions in this regard. In this case, it is best to focus on Art. 606-670 Civil Code of the Russian Federation.

The lease agreement will need to indicate:

OKVED legal code persons (70.20.2);
duration of the agreement;
personal information of individuals faces;
full characteristics of the premises;
cadastral number of the object;
rent amount;
the procedure for the tenant (individual) to pay fees for the use of the premises to the landlord (legal entity);
indicate details and special aspects of the rental (rules, operating procedures, possibility of repairs, etc.).

In principle, the same thing happens when completing a transaction with an individual entrepreneur and an individual. Only instead of a charter and a certificate from the Unified State Register of Legal Entities, an individual businessman submits a Unified State Register of Entrepreneurs certificate to a notary to complete a transaction.

Is it possible for free

In Russian legislation, there is no compulsion for the owners of non-residential premises to rent out their property without fail for a fee. This is the right of the owner, and not his obligation before the law.

Therefore, a gratuitous transaction is just as possible as a paid one, despite clause 1 of Article 540 of the Civil Code of the Russian Federation, which states that the tenant undertakes to pay for the rental service to the owner of the property.

You can see a sample lease agreement for non-residential premises between individuals in this article.

With realtors you can rent out your property much faster and more efficiently. They find a buyer for rental services faster than it was fashionable to do on their own.

Documentation

The entire procedure for registering the lease of non-residential premises takes place only through the conclusion of a special agreement with its notarization. Therefore, you should sign up for a transaction with a notary in advance if you have already found a buyer for the services.

When the landlord is going to prepare a package of papers on his own to complete a transaction, then he will need the following documents:

civil passport, if he is an individual;
certificate of registration of a legal entity, if it is an enterprise;

title documentation for a non-residential real estate property - a certificate from the Unified State Register of Real Estate, a purchase and sale agreement, etc.;

technical documentation for the real estate;
power of attorney, if there are representatives of the parties involved in the transaction;
consent from the spouse, if the lessor is an individual. the person and the property are jointly owned during the marriage;
permission from the bank if the property is foreclosed on under a mortgage or other agreement.

In addition to the above papers belonging to legal entities, there are also requirements for them to submit a number of other documents. These are financial statements, constituent documentation, power of attorney for a representative, etc.

In the case where the HOA leases non-residential premises, we are also talking about a legal entity.

Such partnerships are based on their constituent documentation, drawn up with the participation of the resident of the house (houses). Such societies have the right to dispose of non-residential areas owned by the Partnership.

There is no need to register the concluded lease agreement in the Registration Chamber (Rosreestr, EGRN - Unified State Register of Real Estate) if:

the agreement term is set to be less than 12 months;
There is no deadline specified in the contract at all.

Otherwise, when the validity period of the agreement is set for more than 12 months, then registration of such an agreement in the Unified State Register of Real Estate is mandatory.

On one's own

Before executing a transaction to lease non-residential real estate, you should first understand what it will be used by the tenant (tenant) and for what purpose it will be used.

Possible options for the intended purpose when renting non-residential premises:

for a warehouse;
as a production workshop;
using the premises as an office;
shopping area (point);
for the provision of services (trade in services);
like a garage;
for keeping animals, birds, growing plants;
for personal use (for example, as a storage room for storing various things, tools, equipment) and more.

In addition to the intended purpose, attention is paid to the area, size and layout of non-residential premises. The formation of the cost of rent is significantly influenced by the square footage of the space leased to the tenant.

The location of the facility affects the convenience of production decisions, plans, schedules and more. Therefore, you should look for a future tenant according to the type and purpose of the property.

In general, the procedure for independently leasing a non-residential premises or building or structure consists of the following algorithm of actions:

Preparation and putting in order the owner’s documents and papers for the property itself.
Preliminary calculation of rental cost.
Creation of an advertising campaign.
Posting advertisements on the Internet or posting them yourself on notice boards around the city.
Receiving calls from potential tenants.
Setting up meetings and verbal agreement on the deal.
Make an appointment with a notary.
Make a deal.
Registration of the agreement in the Registration Chamber (if this is provided by law in a specific individual case).
Issuance of keys to non-residential premises to the tenant and related documentation (for example, an act of acceptance and transfer of property located on the premises).

To calculate the cost of rent, you can invite a special expert appraiser who can calculate everything taking into account current market conditions and even taking into account forecasts for the year ahead.

Such services, of course, are not free, so not every property owner can decide on them. But such an assessment allows the property owner to have in hand reports of expert calculations.

With such paper, it will be easier for the owner to bargain with future tenants when setting prices for rental services.

Whatever the purpose of leasing non-residential premises - through a realtor or individually, you should always first consult a lawyer or notary about the full package of papers for completing the transaction.

Such consultations are usually free and can be obtained either by telephone or on a legal services website. You should pay attention to the purpose of using the premises, then it will be easier to find a tenant.

Of no small importance is the need to pay tax - it doesn’t matter here, physical. person or legal entity the person is the owner of the premises - he is obliged to pay 13% of the income to the state treasury through the tax office.

Read about drawing up a lease agreement for non-residential premises for a period of more than a year here.

Registration of a lease agreement for non-residential premises is discussed on this page.

Source: http://kvartirkapro.ru/sdat-v-arendu-nezhiloe-pomeshhenie/

Don't know how to rent out commercial real estate? All about how to do it yourself and quickly

Offices, warehouses, industrial and free-use premises - all these types of objects are in demand among entrepreneurs who have their own business or are just starting a business.

To ensure that commercial premises do not just sit idle, their owners often decide to rent them out. How to quickly find a client, conclude a deal with him, as well as everything about the terms of renting non-residential premises in our article.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, please use the online consultant form on the right or call. It's fast and!

How to rent out commercial real estate?

Leasing a commercial property is not difficult, and most importantly, profitable. With the right approach and knowledge of the main stages of the process, concluding a deal will not be difficult.

The most important thing is to decide on the price, find a client and correctly draw up the contract.

Let's consider all stages of the transaction.

Determination of cost

When conducting a transaction independently, determining the cost of rent is often not objective.

Every owner wants to get the greatest benefit.

The price is influenced by factors such as:

square;
layout;
state of repair;
availability of furniture, internet and other equipment;
location;
availability of parking;
accessibility for business clients;
permeability.

After taking these points into account and monitoring competitors’ offers, you can objectively evaluate your property.

Search for a client

Leasing commercial real estate from the owner involves searching for potential tenants.

Before doing this, you need to make a commercial offer or advertisement.

At the same time, it is important to indicate the shortcomings of the room, so that when viewing you do not put yourself in an awkward position and do not frighten off the client.

Let's take a closer look at ways to find potential tenants.

Search by friends. The easiest way to find a person interested in your proposal is to ask friends and relatives. Often, property owners move in business circles, which means this simplifies the task of quickly renting out their property.
Placing an ad on specialized Internet resources, for example, Avito. The advantage of this method is that your proposal will be seen by hundreds, or even thousands, of interested parties. To find a tenant as soon as possible, you will need to write a good, detailed advertisement, describing all the pros and cons of the premises.
The advertisement must be accompanied by several photographs.

This will make it easier for a potential client to decide whether it is worth considering or not.
Sending an offer by email. Bars, restaurants, shops, salons and other organizations and establishments are often looking for premises to move or open another location. You can find out the email addresses of business owners who may be interested on the official websites of their companies.

Presentation and signing of the document

Proper presentation of your property is the key to quickly concluding a deal.

When showing the premises, try to tell more information about it, focusing on the advantages and possible profit that the object will bring to the client.

personal information of the tenant and owner;
address, area and technical specifications;
registration data;
deadline;
the amount of payment and the procedure for its transfer;

The fastest ways to rent out non-residential premises

How to quickly rent out commercial real estate?

For those who do not want to spend personal time searching for clients, negotiations and showings, it is better to contact a realtor.

He will evaluate the property, set the correct market value, take attractive photographs, draw up a competent ad and will present your property himself.

However, even working with agents has its own nuances. As a rule, realtors work for a commission from the amount of the rental or sale of real estate.

The fee, in the form of a percentage, is usually taken from the applicants, not the owners.

However, not every applicant will be ready to cooperate with an agent who will have to pay money.

Therefore, if the owner urgently needs to find a tenant, he can pay the commission himself. This is often practiced if the owner has many properties or wants to rent out luxury real estate.

The money paid to the agent will not only go into his pocket, but also for necessary expenses - photos, video presentations, advertising, etc.

Rental periods

The validity period of a lease agreement for non-residential premises is an important point. It comes in three types.

Long term– a year or more.
Short- less than a year.
For undefined period.

According to the Civil Code of the Russian Federation, Article 610, clause 2, if the contract does not specify a period, then it is considered concluded for an indefinite period. In this case, each party has the right to terminate it at any time, giving three months’ notice of its decision.

Early termination of a tenancy agreement for a certain period is possible both on the part of the owner and on the part of the tenant.

Such issues are resolved in court or by mutual agreement of both persons.

Knowing the important nuances and opportunities when leasing commercial real estate will help you conclude a profitable and safe deal that brings regular passive income.