Договор аренды нежилого помещения
Любые отношения в вопросе аренды любого объекта любой недвижимости должны иметь надлежащее оформление. Это же относится и к аренде нежилого помещения.
Для начала стоит определиться с понятием «нежилое помещение». Обычно его определяют, как определенную недвижимость, которая не подходит для постоянного или временного проживания, и имеет своей целью другие виды деятельности человека.
Сюда относятся:
- коммерческие строения;
- офисы;
- складские помещения;
- помещения магазинов всех типов;
- другие объекты торгового назначения;
- производственные помещения, в том числе цеха;
- и тому подобное.
Жизненная практика показала, что при составлении договоров такого характера, возникает множество различных правовых нюансов и спорных вещей, которые могут быть решены только при правильно оформленном договоре и уровне внесенных в него возможных рисков различного плана, в том числе и правового.
И зачастую, при оформлении арендных отношений на нежилой объект, имеет место быть договор типового формата. В котором отражается правовое использование это объекта и всего находящего в нем арендатором. А съемщик — получает право пользоваться земельные участком, находящимся под арендуемым помещением, если это предусмотрено.
Плюсы заключения договора аренды нежилого помещения выражены в праве арендатора использовать и владеть этим помещения на свое усмотрение, а именно:
- на весь срок аренды съемщик может беспрепятственно иметь доступ к нему, несмотря на время суток;
- арендатором самостоятельно определяется график или режим, а также вид пользования этого помещения третьими лицами;
- арендатор, используя объект согласно условиям договора, приобретает пользу определенного рода.
В каких случаях заключается договор аренды нежилого помещения
Такой договор имеет место быть в случае возникновения спроса на аренду нежилого помещения и, удовлетворяющего его, предложения.
Договора аренды нежилых фондов можно разделить на три группы на основе их регистрационных тонкостей:
- Краткосрочная группа. В этой группе срок аренды не может превысить 364 дня. Такие договора не нуждаются в заключение, как определено с точки зрения закона. Только от желания сторон.
- Долгосрочная группа. Все договора сроком более 365 дней подлежат обязательной государственной регистрации, а без нее являются недействительными. Это прописано во втором пункте 651 статьи ГК РФ.
- Неопределенная группа. Сюда входят договора, имеющие только дату заключения, но не имеют дату окончания договора. И их также регистрируют только по желанию сторон.
Условия договора аренды нежилого помещения
Для насыщения договора аренды нежилого помещения юридической силой, в нем должно быть:
- срок заключения договора;
- емкая характеристика нежилого помещения, предназначенного в аренду — место фактического расположения, данные из кадастрового реестра,
- назначение помещения.
- денежно выраженный эквивалент суммы арендного месячного платежа. С обозначением возможно ли изменение суммы или нет в течении всего срока;
- ремонтные работы, ответственные за них и все тонкости связанные с этим вопросом;
- случаи, при наступлении которых договор может быть расторгнут.
При оформлении немаловажное, а, может, и основное значение нужно уделить его расторжению. Обязательно должны присутствовать причины, при которых такая возможность появится и может быть реализована. Учитывайте и факт расторжения по вине сторон или стороны.
Обычные данные для арендатора:
- нерегулярность платежей по арендной плате;
- ведение деятельности не прописанной в договоре;
- субаренда без полномочий;
- причинение умышленного вреда имуществу;
- другие условия, которые могут противоречить основным пунктам договора.
Данные для арендодателя:
- отказ от улучшения условий помещения;
- действия не обусловленные договором;
- препятствие деятельности арендатора.
Возможна также и односторонняя причина расторжения договора, без присутствия объективных причин. Главное, дабы это было прописано в договоре. На это редко идут. Если это уступка в сторону арендатора, то можно смело заявить, что у арендодателя крайняя нужна в сдаче данного объекта.
Если в пользу арендодателя, то имеет место повышенный спрос на объект, при отсутствии других аналогичных предложений.
К таким моментам нужно внимательно присматриваться, дабы не попасть в неприятную ситуацию. Это может быть и выселение вас в разгар производственного процесса, и банальное скрытие каких-то важных данных об объекте аренды.
Стороны договора и их реквизиты
Сторонами данного договора выступают арендодатель и арендатор.
Обязательны к письменному оформлению реквизиты сторон, а именно:
- Полное название и данные арендодателя. Если это физическое лицо, то ФИО и паспортные данные, с указание прописки и места фактического проживания и контактного телефона. Если это юридическое лицо, то обязательно указывается адрес регистрации предприятия, его фактическое местонахождения, актуальные контакты.
- Аналогична ситуация и по полному названию и данным арендатора.
- Банковские реквизиты и счета как арендатора, так и арендодателя.
- Подписи с обязательной расшифровкой и заверение их печатями, если не предусмотрено иное.
- Если одну из сторон представляет доверенное лицо, то его паспортные данные и данные доверенности, с указанием номера, даты выдачи и срока действия.
Объект аренды
При оформлении данной сделки особый акцент нужно сделать на объекте аренды и определить его уникальные характеристики.
А именно:
- название,
- фактическое расположение,
- данные характеристики по этажности и метражу.
При условии передачи в аренду не только помещения, а и мебели или другого инвентаря, должен быть составлен акт по имуществу и степени износа.
Если в договоре не прописаны указанные данные, он не может считаться заключенным, т.к. нет его обязательного составляющего.
Размер арендной платы
Важный пункт договора — арендная плата.
Необходимо указать:
- заранее оговоренную стоимость месячного арендного платежа,
- даты оплаты (сроки),
- вид оплаты (наличные или банковский перевод),
- вид документа подтверждающий факт оплаты (наличные — расписка, банковский перевод — фискальный чек).
Позаботьтесь о том, чтобы арендодатель не имел возможности бессистемно поднимать плату. Для этого четко пропишите неизменность платежа, сроков и периодичности обсуждения вопросах о повышении аренды.
Обычно их оплачивает арендатор, и он должен учесть, что суммы могут меняться в зависимости от коммунальных тарифов и увеличения объема потребления. Вся ответственность за их оплату — на плечах арендатора.
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