Is it possible to rent out premises to an individual or legal entity? Tenant database for commercial non-residential premises. Renting housing by a legal entity - apartment rental agreement It is enough to enter the following data:

website on the Internet in a person acting on the basis, hereinafter referred to as " Landlord", on the one hand, and in the person acting on the basis of, hereinafter referred to as " Tenant", on the other hand, hereinafter referred to as the "Parties", have entered into this agreement, hereinafter " Agreement”, about the following:

1. THE SUBJECT OF THE AGREEMENT

1.1. The lease agreement is concluded for a minimum period of 3 months. The Lessor leases the property (site located at: ) to the Lessee for a period of months for use in order to carry out its statutory tasks.

1.2. Payment for site rental is made monthly.

1.3. The Tenant has the right to purchase the rented site, by agreement with the Lessor.

1.4. The Lessor has the right to increase the rental price in case of an increase in the volume of work, by agreement with the Lessee.

1.5. The Lessor has the right to set a separate fee for website promotion, by agreement with the Lessee.

1.6. The Lessor and the Tenant can develop individual terms of the site lease agreement.

2. OBLIGATIONS OF THE PARTIES

2.1. The tenant undertakes:

use the site for its intended purpose specified in clause 1 of the agreement, as well as in accordance with other terms of the agreement;
keep the rented site in full working order and in working order until the delivery of the acceptance certificate to the Lessor;
make, at your own expense, changes and additions to the rented site by the lessor, without involving third companies;
inform the Lessor in writing no later than in advance about the upcoming return of the rented site, both in connection with the expiration of the contract and in case of early return, and after termination of this agreement, hand over the site to the Lessor according to the act, taking into account the changes made (agreed with the lessor);
On a rented website, you cannot place links to other sites, change the code of pages, or post information that contradicts current legislation.

2.2. The Lessor undertakes:

after the parties sign the agreement, provide the corresponding website in good condition to the Tenant within working days (after payment for the rent);
make changes and additions to the website leased to the Tenant for an agreed fee (if necessary);
maintain the site, promote it in search engines, advertise the site, for an agreed fee (if necessary);

3. PAYMENTS AND SETTLEMENTS UNDER THE AGREEMENT

3.1. For the rental of the property specified in clause 1 of this agreement, the Tenant transfers to the Lessor a fee in the amount of rubles per month. The amounts due to the Lessor are accrued and paid monthly, for each month in advance.

4. EARLY TERMINATION OF THE AGREEMENT

4.1. The Agreement may be terminated early at the initiative of the Lessor, and the Lessee is obliged to return the site in the following cases:

if the Tenant uses the site (in whole or in part) not in accordance with this agreement;
if the Tenant has not paid the rent within ;
if the Tenant deliberately worsens the condition of the site.

4.2. The Agreement may be terminated early at the initiative of the Tenant in the following cases:

if the Lessor interferes with the Lessee's activities in using the leased site, which does not contradict this agreement, the Charter of the enterprise and the Memorandum of Association on its creation and activities;
if the site, due to circumstances for which the Tenant is not responsible, turns out to be unusable.

5. RENEWAL OF THE AGREEMENT

5.1. Upon expiration of the contract, the Tenant has a preferential right to renew the contract, provided that he properly fulfills the obligations assumed under the lease agreement.

5.2. In the absence of an application from at least one of the parties to terminate or amend the contract at the end of the term, it is considered extended for the same period and on the same conditions as provided for in the contract.

5.3. When extending the contract for a new term, its terms may be changed by agreement of the parties.

6. SPECIAL CONDITIONS

6.1. The tenant has the right:

sublease the site received under the contract;
make improvements: changes, additions to the rented site in agreement with the lessor;

6.2. The Lessor has the right to place a link to its website on the website leased to the Lessee;

6.3. The contract is valid from "" 2019 to "" 2019.

IMPORTANT: The new law is an experiment that is valid only in 4 regions: Moscow, Moscow region, Kaluga region, Republic of Tatarstan.

This regime allows you to rent out an apartment legally and pay a tax of 4-6%, which is generally more profitable than paying personal income tax and operating as an individual entrepreneur using the simplified taxation system (STS).

According to the new law, the acceptance of non-cash payments must be registered using the Federal Tax Service application “My Tax”. It can be downloaded and installed on your smartphone for free after January 1, 2019. Also, similar functions will be available on special Internet platforms and services, the list of which will be published by the Federal Tax Service.

For non-cash payments (as well as for cash), it is necessary to generate a check in electronic form, which must be sent by email to the payer.

Banks may also offer services to automatically generate a check when funds are received on a specific card or account. If you use such a bank service, you must indicate this particular card/account in the rental/lease agreement for crediting payments.

Accepting payment without issuing a receipt is a violation. A check for non-cash payments must be generated no later than the 9th day of the following month (after the month in which the payment was received).

Since cash payments are accepted in such a special way for self-employed people, it is necessary to make changes to existing contracts.

When concluding new contracts, special forms for self-employed landlords should be used. In the case of renting an apartment to a legal entity, it is important that the payer is not a tax agent (as is usually the case when renting from an individual) - he does not withhold personal income tax, but the individual landlord pays the personal income tax for himself.

Please note: it is important to indicate in the contract which details the electronic check is sent to.

All the features of the activities of self-employed landlords are described in detail in our new manual “Landlord-Self-Employed”, which was published in December 2018. We plan to update it regularly and provide it to our customers.

Receiving rent through an individual's bank account

An individual can receive money into his account from a tenant by transfer or by depositing it into his account or card. This could be a transfer made by another organization from its account, a transfer by an individual from its account, or a transfer by an individual without opening an account.

For a cashless transfer, the tenant will need Bank details, which can be indicated in the contract or communicated in a separate (preferably official, signed and sealed) letter. These include: full name, INN (optional), account number, BIC of the bank, name of the bank, correspondent account number of the bank, division of the Central Bank (in which the correspondent account is opened).

When making a transfer from the payer, that is, from the tenant, his bank will most likely withhold a commission. This fee is paid by the tenant and should not reduce the amount of the rent. The purpose of payment should indicate “Under lease agreement No. XX dated DD.MM.YYYY for the month YYYY.” IMPORTANT: an individual tenant can directly contact the landlord’s Bank and deposit money into his account (by account number) or to his card (by card number). For example, this method is convenient in a bank that has many branches.

The tenant can also make a transfer from his card to the landlord’s card or deposit money through a bank payment terminal to the landlord’s account or card. Check to see if your bank provides such services and inform the tenant about this. However, when transferring card to card, a non-symbolic commission may be withheld from the tenant, and the amount of one transaction when deposited through the terminal is now limited to 15,000 rubles. If you need to deposit more, you will have to make several transactions, and the bank may impose a limit on replenishment through one device. Perhaps in the future there will be other payment methods - for example, through a network of terminals.

When submitting your tax return (NDFL-3), we recommend that you obtain an individual entrepreneur’s bank account statement for the past year from your bank or via Internet banking. If technically possible, we recommend that you also obtain a statement of transactions with a specific payer (tenant).

Receiving rent through the bank account of an Individual Entrepreneur

An individual entrepreneur can receive money into his account from a tenant only in the form of a transfer. This could be a transfer made by another organization from its account, a transfer by an individual from its account, or a transfer by an individual without opening an account. Perhaps in the future there will be other payment methods - for example, through a network of terminals or through an ATM. For a cashless transfer, the tenant will need bank details, which can be indicated in the contract or communicated in a separate (preferably official, signed and stamped) letter. These include: the name of the individual entrepreneur (for example, Individual Entrepreneur Petrov Petrovich), INN of the individual entrepreneur, account number of the individual entrepreneur, BIC of the bank, name of the bank, correspondent account number of the bank, division of the Central Bank (in which the correspondent account is opened).

IMPORTANT: The tenant cannot come to your bank and deposit money into your account. Even if he comes to your bank where he does not have an account, he must make the transfer without opening an account.

When making a transfer from the payer, that is, from the tenant, his bank will most likely withhold a commission. This fee is paid by the tenant and should not reduce the amount of the rent.

IMPORTANT: when making a payment, the payer must indicate “Individual entrepreneur Petrov Petrovich”, and not just “Petrov Petrovich”. Unfortunately, for this reason there were precedents for non-crediting of funds.

According to the law, there are no restrictions on who can rent non-residential premises.

This can be a legal entity, an individual entrepreneur or an ordinary citizen.

It is only important that the individual is an adult.

To rent a non-residential property, registration of individual entrepreneur status is not required.

How to rent non-residential premises from a legal entity?

You can rent non-residential premises from a legal entity.

To do this, you should familiarize yourself with the documents that must be provided by this organization.

Required documents:

certificate of registration of a legal entity;
document on registration with the tax service;
certificate of ownership of non-residential real estate for rent;
if there is a charter of the enterprise, you should request a copy of this document;
power of attorney for the citizen who concludes the agreement: he must have the authority to sign such documents. It is worth paying special attention to the validity period of these powers. If the person who signed the lease transaction did not have such authority, then this operation, in accordance with Article 174 of the Civil Code, will be considered invalid.

Step-by-step instruction

1 step. Selection of rental property. Familiarization with the necessary documentation of a legal entity.

Step 2. Executing a lease agreement is the most important stage of concluding a deal. The document must include all essential aspects of the transaction. Only upon agreement on these conditions will the contract be considered concluded in accordance with Article 432 of the Civil Code.

Article 432 of the Civil Code of the Russian Federation. Basic provisions for concluding a contract

An agreement is considered concluded if an agreement is reached between the parties, in the form required in appropriate cases, on all the essential terms of the agreement.
An agreement is concluded by sending an offer (offer to conclude an agreement) by one of the parties and its acceptance (acceptance of the offer) by the other party.
A party that has accepted full or partial performance under an agreement from the other party or has otherwise confirmed the validity of the agreement does not have the right to demand recognition of this agreement as not concluded if the statement of such a demand, taking into account specific circumstances, would contradict the principle of good faith.

Essential requirements include:

The agreement includes sections on the responsibilities of the parties and conditions for its early termination. This document must be drawn up in writing in triplicate. Notarization is not required unless one of the parties insists on it.

The document can be drawn up independently. You can involve lawyers in this matter.

Step 3. Signing the lease agreement. Transfer of non-residential real estate under a transfer and acceptance certificate. This document is not mandatory, but it is better to draw it up. It must record the actual condition of the rented premises.

Step 4 Collection of documents for registration of the agreement in the Unified State Register of Real Estate. To register, you will need the following documents:

application requesting registration;
lease agreement in 3 copies;
cadastral passport of non-residential property;
tenant's passport;
constituent documents of the organization (lessor): certificate of state registration, order of appointment as director;
receipt of payment of state duty.

If only one party to the transaction applies to the Unified State Register, then for an individual the amount of payments will be 2,000 rubles, for an organization – 22,000 rubles. If the application to the Unified State Register of Real Estate is joint, then each party must pay half of the state fee: the tenant - 1,000 rubles, the lessor - 11,000 rubles, since he is a legal entity.

Step 5 Transfer of documents to the Unified State Register of Real Estate. Verification of the correctness and authenticity of documents by the government service.

Step 6 Issuance of documents on registration with the Unified State Register of Real Estate. Each party will be issued a lease agreement with a state registration record.

How to rent premises from an individual?

You can rent non-residential real estate from an individual. This requires familiarization with certain documentation.

Required documents:

passport of the owner of real estate;
certificate of ownership;
cadastral passport.

Algorithm of actions

To rent property from an individual, you must go through all the same steps as to formalize a rental relationship with an organization.

1 step. Familiarity with real estate documentation.

Step 2. Preparation of contract. It must also be drawn up to include all essential terms. Only an individual will act as a lessor.

Step 3. Endorsement of the contract. Drawing up and signing an act of acceptance and transfer of non-residential premises.

Step 4 Documents for registration with the Unified State Register of Real Estate:

application for registration;
tenant's passport;
landlord's passport;
consent of the spouse to rent out the property (if the lessor is married);
certificate of ownership;
cadastral passport;
lease agreement;
act of acceptance and transfer;
payment slip with state duty: if documents are submitted by one party, then it pays a state duty in the amount of 2,000 rubles. If both parties, then each pays 1000 rubles.

Step 5 Submission of documentation to the Unified State Register of Real Estate. The registration period is 10 working days.

Step 6 Receiving documents confirming state registration.

Commercial real estate tenant database

In order to find a suitable room for rent, you should study the offers provided on special websites on the Internet. Many of them are equipped with a convenient search service.

All you need to do is enter the following information:

city;
district or district: most sites offer to specify the metro station (if it is a large city), you can also enter the street name (if you have a specific preference);
the type of real estate allows you to determine for what purposes the premises are being rented out: office, warehouse, trade, garage, production, consumer services;
cost: restrictions on the transaction price should also be introduced;
square.

Similar information can be found on real estate websites such as Bazametrov.ru, Comrent.ru, Arendator.ru and others.

All you have to do is type Commercial Real Estate Tenant Database in the search engine. The choice is yours.

An individual can rent commercial real estate either from an organization or from a fellow citizen who owns non-residential premises.

To do this, you will need to collect documents, conclude a lease agreement, sign a transfer and acceptance certificate, then register the transaction in the Unified State Register of Real Estate, paying the state fee.

in a person acting on the basis, hereinafter referred to as " Landlord", on the one hand, and in the person acting on the basis of, hereinafter referred to as " Tenant", on the other hand, hereinafter referred to as the "Parties", have entered into this agreement, hereinafter " Agreement”, about the following: