Each person has the right to own property alone as well as jointly with others. One of the forms of disposition of property is renting out.
General provisions of the lease
Relations in the field of rent are regulated by hl. 34 of the Civil Code of the Russian Federation. Renting is a specific type of activity. These relations presuppose the presence of the owner and a person interested in using the property owned by the owner, therefore the lessor is either the owner directly or the person authorized to dispose of this property. A tenant is a person who wants to use this property for their own purposes for arranging office premises or to use it as their main means of production. The object of the lease can be any movable or immovable property, with the exception of those things that in the process of consumption lose their properties. Thus, the lessor and the lessee are participants in the lease.
Rental of buildings and structures
In the case of leasing of buildings and structures, the text of the lease agreement must contain not only title documents confirming the owner’s right to this type of property, but also a copy of an extract from the technical passport indicating the area of the premises, and an explication to this technical passport. According to Art. 650 of the Civil Code of the Russian Federation, the lessor agrees to provide an explication and a copy of the registration certificate, and the lessee requires it. Such an approach will reduce the number of problems arising on the issues of calculating rents and the actual receipt of space for rent, and avoid disputes even at the stage of drawing up the contract.
When drawing up a lease to protect both the interests of the transferring and the receiving parties, it is important to indicate the shortcomings that exist in the leased property. Otherwise, satisfaction of the claim for compensation, amendment, elimination of deficiencies or identification of the party that caused the damage to property will be difficult.
In the event of a change of ownership, for example, during the sale of a real estate property, or the appearance of third parties claiming ownership, this does not entail the termination of the lease and does not change anything when transferring property to lease. The tenant takes this into account in his activities, but retains all rights.
Rent
The rent is not only the ruble expression of the cost of using the leased property, tied to the calendar period (for example, 1 time per month) of the cost per square meter, as well as the possibility of making the rent in payment of the obligation on the tenant to carry out repair work.
In accordance with the law, rents can change no more than once a year. This provision is applicable to the will of the lessor, but if both parties do not object to its change, then it can be adjusted an unlimited number of times during the year. This point is important to consider when signing a lease so that the tenant accepts this in the future.
Features of land lease
The issue of leasing agricultural land is regulated by the law "On the turnover of agricultural land." Agricultural land is a category of land located outside the boundaries of the municipality of a settlement and used for agricultural purposes. Land tenants are persons who manage land on the basis of a lease.
In accordance with the law, in order to lease a plot of agricultural land, a positive decision is required, adopted by 51% of the participants in the meeting on shared ownership. Agricultural land, as a rule, has a lot of co-owners, so the issue of transferring the land is decided by the general meeting of owners. Owners who were not present or voted against transferring the land to lease are entitled to allot their share in kind.
The land lease must contain all essential conditions, including the area of the plot, category, as well as information about its borders. If it is not indicated that the site is marched, that is, has clear established boundaries and coordinates, the lease may be invalidated. The deadline for leasing land in this category is 49 years, after which the contract expires.