All of us, if we are not closely acquainted, at least once in our life have heard about the word "rent." What is rent, at least partially known by many people, but they are not always aware of some of the rules and nuances of drafting civil contracts in this area. This is described in this article.
The definition of the word "rent"
What is rent and how does this definition interpret Russian civil law ? According to the Civil Code, this concept refers to the actions of two or more parties that are aimed at the emergence of a lease relationship. To this end, one party (the lessor) must provide its counterparty (lessee) for temporary use certain property. The tenant, in turn, upon the expiration of the period agreed upon by the parties, is obliged to return the property to its owner.
Rent can be both on a paid basis, and on a free basis.
How to make a contract
No special legal practice is required to draw up a contract between the parties. However, the help of a qualified specialist will not hurt if the subject of the lease is any expensive property or, for example, real estate.
The lease, a model of which is shown in the photo a little further, must be in writing. An oral agreement may be invalidated. In drawing up this agreement, you must have sufficient authority to sign it. This applies to cases where the agreement is not concluded by the lessors and tenants themselves, but by their proxies. The power of attorney issued by him must clearly describe the powers transferred by one or another party.
Mandatory conditions
A lease agreement, a sample of which can be found on any legal resource, must contain certain mandatory conditions, without which it will be considered non-concluded. One of these conditions is an accurate and, if possible, more detailed description of the leased property. This condition is called essential. For example, when renting real estate it is necessary to indicate the characteristics of this property, its location, area, floor and number of storeys of the building, the number of components, as well as other identification characteristics. When renting a vehicle, respectively, its technical characteristics are indicated, including engine number, chassis, state number, color, model and year of manufacture.
Most importantly, it is necessary in the contract to characterize the property being leased so that it can be easily distinguished from many similar things. This requirement protects the rights of the lessor, who, in the event of a dispute, will be able to prove that he has transferred certain property to the lessee.
registration
The terms are short and long term rent. What does this concept mean in a lease relationship? In general, there is no significant difference between the period for which the contract is concluded. However, in some situations, the deadline can be of great importance. For example, if the lease is concluded for a period of more than one year, the contract between the parties must be registered with the authorized body. This requirement is subject to the protection of tenant rights.
To register the contract with the registration authority, it is necessary to come to both parties and provide the concluded contract. The landlord must also provide title documents for the property. In addition, you will need to pay a state fee.
Termination
How is a lease terminated? What is the termination of the contract? This, in essence, is the termination of legal relations between the lessor and the lessee. Termination may occur either by mutual agreement or by the will of one of the parties. In the latter case, for the termination on the initiative of one of the parties, there must be substantial arguments. As a rule, such grounds are established and prescribed in the text of the contract. For example, the lessor may terminate the agreement if his counterparty does not fulfill the terms of the payment agreement or uses the leased property for other purposes.
On the other hand, the lessee may demand the termination of the contract if the lessor does not fulfill his duties (does not make major repairs, raises the rent, interferes with the use of the leased property).
Also, the contract is terminated upon the expiration of the period for which it was concluded, unless the parties have provided for its extension.
Thus, a lease is a relationship that arises between the parties regarding a leased property. A lease model, or rather, a sample of such a contract, can help non-legal persons to draw up the correct agreement. However, the best option would be to seek the advice of a specialist who can, with a guarantee, draw up a contract that does not infringe on the interests of either side.