All of us, if not closely acquainted, then at leastonce in their lives heard about the word "rent". What is the lease, at least partially known to many people, but they are not always aware of some rules and nuances of drawing up civil law contracts in this area. This is described in this article.
What is a lease and how does this definition treatRussian civil law? According to the Civil Code, this concept implies the actions of two or more parties, which are aimed at the emergence of rental relations. For this, one party (landlord) must provide certain property to its counterparty (tenant) for temporary use. The tenant, in turn, upon the expiration of the period agreed by the parties, is obliged to return the property to its owner.
Rent can be both on a paid basis and free of charge.
Для составления договора между сторонами особой legal practice is not required. 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.
Договор аренды, образец которого представлен на photos a little further, must be in writing. Oral agreement may be invalidated. When drafting this agreement, you must have sufficient authority to sign it. This applies to cases where the agreement is not concluded by the landlords and tenants themselves, but by their proxies. The power of attorney issued to them must clearly describe the powers that this or that party has transferred.
The lease agreement, a sample of which can be found atany legal resource must contain certain mandatory conditions, without which it will be considered as non-concluded. One of these conditions is the exact and, if possible, more detailed description of the rental object. 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 floors of the building, the number of components, as well as other identification characteristics. When renting a vehicle, its technical characteristics, respectively, are indicated, including engine number, chassis, state number, color, model and year of manufacture.
The most important thing - it is necessary in the contract socharacterize the leased property, so that it can be easily distinguished from many similar things. This requirement protects the rights of the landlord, who, in the event of a dispute, will be able to prove that he has transferred certain property to the tenant.
The timing is short and long-term lease.What does this concept mean in a rental relationship? In general, there is no significant difference between the period for which the contract was concluded. However, in some situations, the term may be of great importance. For example, if a 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 due to the protection of tenant rights.
To register a contract with the registering authorityit is necessary to come to both parties and provide the concluded contract. The landlord must also provide title documents to the property. In addition, you will need to pay a state fee.
How is the rent terminated?What is termination of the contract? This is, in fact, the termination of legal relations between the landlord and tenant. Termination may occur either by mutual agreement or by the will of one of the parties. In the latter case, for termination on the initiative of one side, there should be weighty arguments. As a rule, such grounds are established and written in the text of the contract. For example, a landlord may terminate the agreement if his counterparty does not comply with the terms of the payment agreement or uses the leased property for other purposes.
On the other hand, the tenant may requiretermination of the contract if the lessor does not fulfill his duties (does not overhaul, raises the rent, interferes with the use of the leased property).
Also, the contract is terminated upon the expiration of the term for which it was concluded, if the parties did not provide for its prolongation.
So renting is a relationshiparising between the parties about the leased property. A sample of a lease, or rather a sample of such a contract, can help non-legal knowledge holders to make the right agreement. At the same time, the best option would be to consult a specialist, who will be able to draw up a contract with a guarantee that does not harm the interests of any of the parties.
