1. SUBJECT, TERM OF THE CONTRACT AND GENERAL TERMS
1.1. The Lessor undertakes to lease out to the Lessee the warehouse located on the land plot at the address: (below, respectively, the Warehouse and the Plot), according to the Transfer Act, by the "" 2019. The warehouse is a temporary building with an area of \u200b\u200bsquare meters, for the placement of which a permit has been obtained.
1.2. The warehouse is transferred to the Lessee for storage and sale of plasterboard and other gypsum-based building materials, metal profiles, dry mixes, bricks.
1.3. The Lessee has no right to sublease the Warehouse or otherwise grant any rights to the Warehouse to third parties without the written permission of the Lessor.
1.4. The contract is valid until "" 2019.
1.5. Upon transfer of ownership of the Warehouse during the term of the Agreement, the rights and obligations of the Lessor in in full transferred to the new owner. Such a transfer of rights is not a basis for amending or terminating the Agreement.
2. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. The landlord must:
2.1.1. Before signing the Agreement, notify the Lessee of all rights of third parties to the Site and the Warehouse, familiarize the Lessee with the rules for using the Site and Warehouse, eliminate all debts related to the Site and Warehouse for mandatory payments to third parties.
2.1.2. Until "" 2019, at its own expense, ensure the connection of the telephone line at the Warehouse and ensure its functioning until the termination of the Agreement.
2.1.3. By verbal agreement with the Lessee and at the expense of the latter, ensure the supply of an electric cable with voltage V to the Site and ensure the supply of the specified voltage to the Site until the termination of the Agreement, as well as ensure the possibility of consumption of kW power on the Site.
2.1.4. On working and non-working days, ensure the possibility of access to the Site and the Warehouse for employees and visitors of the Lessee, as well as the possibility of access to the Warehouse for vehicles by verbal agreement with the Lessee.
2.1.5. Prior to the installation of a toilet and water supply on the Site, ensure the access of the Tenant's employees to the building at:.
2.2. The tenant is obliged:
2.2.1. Use the Warehouse for its intended purpose and in accordance with the Agreement.
2.2.2. Pay rent and other payments stipulated by the Agreement in accordance with the Agreement.
2.2.3. Take care of the safety and health of the Warehouse and its equipment, observe the established rules and regulations when using the Warehouse, in particular, the relevant sanitary, technical and fire safety standards.
2.2.4. No later than days after the termination of the Agreement, for any reason, return the Warehouse and all its accessories to the Lessor, including the inseparable improvements made during the rental period, according to the Return Act, in good condition, taking into account normal wear and tear.
3. RENTAL PAYMENT AND OTHER PAYMENTS FOR USE OF THE WAREHOUSE AND ITS EQUIPMENT
3.1. For one month of using the Warehouse and its equipment, the Lessee must pay the Lessor rubles.
3.2. In addition to the rent and on the basis of the invoices submitted by the Lessor, the Lessee will only reimburse the costs of paying for the electricity consumed when using the Warehouse during the rental period.
3.3. The rent is charged from the day the Warehouse is transferred to the Lessee.
3.4. The rent is paid in advance, monthly, no later than the date of the first month of the payable period.
3.5. Within days after the termination of the Agreement for any reason, the Lessor must return the advance payment to the Lessee for the unused rental period, minus the Lessee's debts stipulated in the Agreement.
3.6. The amount of payment for the use of the Warehouse and its equipment can be changed only by written agreement of the Parties.
3.7. If, according to the conclusion of an independent appraiser, it is established that the market rent for using the Warehouse has changed by more than% in relation to the current (established by the Agreement) rent, then the Party for which the performance of the Agreement with the current rent will be unprofitable will acquire the right to demand from the other Party changes the current rent to a market rent set by an independent appraiser.
4. EARLY TERMINATION OF THE AGREEMENT
4.1. Each Party has the right to early terminate the Agreement after a written warning of the other Party at least one month before the cancellation.
4.2. If the Agreement is terminated at the request of the Lessor during the first year of the lease with the proper execution of the Agreement by the Lessee, then the Lessor shall pay the Lessee compensation rubles to reimburse the Lessee's expenses for electrification, interior decoration, repair of the roof and gates, painting the warehouse facade and arrangement of outdoor advertising.
4.3. The Lessor has the right to terminate the Agreement unilaterally if the Lessee is late in paying the rent for more than a month.
5. USE OF THE SITE
5.1. Along with the rights to own and use the Warehouse, the Lessee is transferred the rights to that part of the Plot that is occupied by the Warehouse, as well as to the territory adjacent to the Warehouse, the boundaries of which are verbally agreed by the Lessee, the Lessor and users of other structures on the Plot (below - Adjacent territory).
5.2. The Lessee, by oral agreement with the Lessor, has the right to place a toilet in the Adjacent Territory, arrange a parking lot for vehicles and make other arrangements for the Adjacent Territory necessary for the Lessee's normal activities.
5.3. The Lessor undertakes not to transfer other structures on the Site to third commercial organizations involved in the sale of gypsum plasterboard and other construction materials based on gypsum, metal profiles, dry mixes or bricks.
5.4. If, in accordance with the current legislation or at the request of government agencies, for the execution of the Agreement (for lease of the Warehouse) it becomes necessary to conclude a sublease agreement for the Plot or its part, the Parties will be obliged to conclude such an agreement, set the sublease fee rate equal to the rent rate under the Plot Lease Agreement , and also - will be obliged to sign an additional agreement to the Agreement, according to which the current rental rate for the use of the Warehouse will be reduced by the amount of the sublease rate under the specified land sublease agreement. In any case, the Lessee's expenses for the use of the Warehouse and the corresponding part of the Plot should not increase in connection with the conclusion by the Parties of the specified land sublease agreement.
6. OTHER CONDITIONS
6.1. The Lessee has the right to carry out repairs and additional equipment of the Warehouse by verbal agreement with the Lessor.
6.2. In the event that for the validity of the Agreement signed by the Parties in accordance with the current legislation or at the request of government agencies, additional actions are required (registration of the Agreement, etc.), then the Parties will be obliged to perform such actions.
6.3. Any changes (additions, etc.) to the Agreement are made only in writing.
6.4. The current legislation of the Russian Federation applies to the relations of the Parties not regulated by the Agreement.
6.5. The Agreement has been drawn up in duplicate - one for each Party.
7. LEGAL ADDRESSES AND BANKING DETAILS OF THE PARTIES
Landlord
TenantYur. address: Postal address: INN: KPP: Bank: Account / account: Correspondent / account: BIK:
8. SIGNATURES OF THE PARTIES
Landlord _________________
Tenant _________________
An exclusive feature of a warehouse lease agreement for more than a year is the need registration actions in Rosreestr. The sample is free to download.
The storage of the manufacturer's products is carried out in special rooms called warehouses. The manufacturer does not always have its own non-residential buildings and structures. Often, the manufacturer has to look for warehouses for the produced inventory. Sample warehouse lease agreement, located on the viewed page, has a set of mandatory items. The example can be downloaded for free via a direct link and easily edited in the simplest program Word. Let's consider the main features of the document.
The parties to the transaction can be any participants in civil relations: physical and legal entities, individual entrepreneurs, state and municipal institutions... The freedom to execute and conclude a warehouse lease agreement implies the absence of a strict form. All agreements will be unique and inimitable in their content. An exclusive feature of the contract on the temporary ownership of the warehouse will be the need for registration actions in the Federal Register, if the transaction period exceeds one year.
Mandatory clauses of the warehouse lease agreement
:- Name, date and place of the act;
- Details of participants, full name of the head of the company;
- Technical parameters of real estate;
- Rights and obligations, normative consolidation;
- Terms, cost of rent payments;
- Conditions for acceptance and transfer;
- Regulations for resolving disputable situations;
- Final clauses, signatures and transcripts.
This document gives the tenant the right to operate the warehouse owned by the other party to the transaction. She is called the landlord. The use is carried out for a certain period of time. In this case, the tenant undertakes to maintain the warehouse in the appropriate technical condition... In addition, must pay rent on time. Also, the party must cover the operating costs.
The landlord, in turn, is obliged to provide the premises for temporary use, to carry out major repairs here. Also, if necessary, the party is obliged to notify the tenant in advance if circumstances arise that do not allow the continued operation of the warehouse.
What needs to be written in the document
When filling out the document, it should be entered:
- data of the parties involved in the transaction;
- information about the rental period;
- location of the warehouse;
- the amount of the lease payment, the procedure for making;
- additional costs to be paid by the tenant.
After completing the contract and familiarizing themselves with its terms, the parties put their signatures, reinforcing them with seals. After that, the contract comes into legal force.
Warehouses are buildings and structures intended for receiving, placing and storing goods, preparing them for consumption and delivery to the consumer. Warehouses differ in types: production, transit-transshipment, customs, early delivery, seasonal storage, reserve, wholesale distribution, commercial general use, retail.
Under a lease agreement, warehouses can be transferred that are located in separate premises (closed), have only a roof or roof and one, two or three walls (semi-closed). A warehouse can be used to store goods of one enterprise (for individual use), or, on a lease basis, it can be leased to individuals or legal entities (collective use or a warehouse-hotel).
How to draw up a warehouse lease: a sample
A standard warehouse lease is an agreement for the lease of non-residential premises (like a garage lease), it is governed by paragraph 4 of Ch. 34 of the Civil Code of the Russian Federation. Non-residential premises include premises intended for use in non-production, office, trade, household and other purposes of a non-production and production nature.
The parties to the transaction can be any legal entity, individual entrepreneur or individual. A warehouse lease agreement usually includes the following items:
- the period according to which the tenant will occupy the warehouse;
- the cost of rent;
- description (location, area, layout, etc.);
- information about the owners;
- the name of the tenant;
- conditions according to which it is possible to terminate the transaction unilaterally.
The description of the premises can be directly indicated in the document or in its annexes. A copy of the cadastral passport or an extract from it (or an extract from the USRN - for objects, the ownership of which has been registered since January 01, 2017) must be attached to the warehouse lease agreement form. This document contains all the characteristics related to the leased warehouse (layout, area, number of rooms). It should be noted that the absence of a description entails the invalidity of the contract (Article 607 of the Civil Code of the Russian Federation).
The form of a warehouse lease agreement is simple in writing (clause 1 of article 651 of the Civil Code of the Russian Federation).
Registration of a standard warehouse lease agreement
State registration of the agreement is required in cases where the term of employment is 1 year or more. An unregistered agreement has no legal force with all the ensuing consequences (clause 2, article 651 of the Civil Code of the Russian Federation).
The amount of rent and the procedure for paying it is determined by the parties in a sample warehouse lease agreement. Without this clause, the transaction will be considered not concluded (clause 1 of article 654 of the Civil Code of the Russian Federation). The amount of rent can be changed by agreement of the parties. If one of the parties objects to such a change, the issue is resolved in court.
The transfer of the warehouse from the lessor to the lessee is carried out according to a deed of transfer or other document signed by the parties (clause 1, article 655 of the Civil Code of the Russian Federation). Such acts are also typical for lease agreements for an apartment or house.
Warehouse lease agreement
Hereinafter referred to as (s), in the person acting (s) on the basis of,
collectively referred to as the Parties, and individually - the Party,
Subject of the contract
1.1.
In accordance with the terms of the Agreement, it undertakes to provide for a fee for temporary use non-residential premises under the warehouse (hereinafter -). The characteristics are indicated in the Property Description (Appendix No. to the Agreement), which is an integral part of the Agreement.
1.2.
It guarantees that at the time of the conclusion of the Agreement it belongs to the right of ownership, which is confirmed by the following document of title: (Appendix No.), is not in dispute or under arrest, is not a subject of pledge, is not encumbered with the rights of third parties.
Contract time
2.1.
The contract comes into force from and is valid until.
2.2.
The lease term is set by the Parties in Appendix No., which is an integral part of the Agreement.
Rights and obligations of the parties
3.1.
Undertakes:
3.1.1.
Provide in the manner and on the terms of the Agreement.
3.1.4.
Ensure that it will not be claimed from due to the existence of any rights to third parties on the date of the conclusion of the Agreement and / or during the entire term of the Agreement.
3.1.5.
Provide household services on their own and at their own expense.
3.1.6.
Provide or ensure the provision of necessary utilities.
3.1.7.
Pay, in accordance with the established procedure, for negative impact on the environment and take other actions in accordance with the legislation on protection environment Russian Federation.
3.2.
Undertakes:
3.2.1.
Return in good condition in accordance with the terms of the Agreement.
3.2.2.
Ensure safety from the moment of transfer to return.
3.2.5.
When using, observe safety precautions and the requirements of legislation on fire safety, as well as environmental and sanitary-epidemiological rules and regulations.
3.2.6.
Fulfill in a timely manner the orders of the regulatory authorities and instructions on taking measures to prevent and eliminate situations arising from activities and endangering safety.
3.2.7.
Immediately notify of any damage, accident or other event that caused or threatens to cause damage, and promptly take all possible measures to prevent, prevent and eliminate the consequences of such situations.
3.2.8.
Provide representatives with unhindered access to inspect it and verify compliance with the terms of the Agreement.
3.2.9.
When early termination Of the Agreement on the grounds specified in the Agreement, immediately return in good condition.
3.3.
3.3.1.
At any time, check the safety, condition, as well as its use in accordance with the intended purpose.
3.3.2.
Give written instructions, binding on the issues of taking measures to prevent and eliminate situations arising from improper use that endangers safety.
3.3.3.
Notified of the requirements specified in cl. 3.4.1 Of the Agreement, or about his intention to eliminate the deficiencies at the expense, has the right to immediately replace the provided or eliminate the deficiencies free of charge. If the satisfaction of claims or the withholding of expenses for the elimination of defects from the rent does not cover the losses caused, he has the right to demand compensation for the uncovered part of the losses.
3.4.
3.4.1.
If deficiencies are found that completely or partially impede use, at their choice:
Demand from either gratuitous elimination of deficiencies, or a commensurate reduction in rent, or reimbursement of their expenses for the elimination of deficiencies;
Directly deduct the amount of expenses incurred by him for the elimination of these deficiencies from the rent, having previously notified about this;
Request early termination of the Agreement.
3.4.2.
Only with written consent to sublease and transfer our rights and obligations under the Agreement to another person (we transfer), provide for free use, as well as give lease rights as a pledge and make them as a contribution to the authorized capital of business partnerships and companies or a share contribution to a production cooperative or otherwise alienate. In these cases, with the exception of re-hiring, remains responsible under the Agreement.
3.4.3.
Implement inseparable improvements, alterations and refurbishments only with written consent.
3.5.
In the case when he made at his own expense and with the consent of improvements that are inseparable without harm to, has the right, after the termination of the Agreement, to reimburse the cost of these improvements.
3.7.
The parties have agreed that the obligation to produce at their own expense overhaul lies on .
3.8.
The parties have agreed that the obligation to maintain in good working order, to produce at their own expense maintenance and bear the maintenance costs lies with.
3.9.
The parties have agreed that the obligation to pay utility bills () during the lease term lies with.
Transfer order
4.1.
The lease and return are formalized by bilateral acts of acceptance and transfer signed by the Parties or authorized representatives of the Parties. The acts specified in this clause of the Agreement are an integral part of the Agreement.
4.2.
Evasion of one of the Parties from signing the act of acceptance and transfer under the terms of the Agreement shall be considered as a refusal, respectively, to fulfill the obligation to transfer, and - upon acceptance.
Settlement procedure
5.1.
Is obliged to pay rent for the use in the amount, in the manner and within the terms established by the Agreement.
5.2.
Pays rent for use in accordance with the terms of the Agreement no later than the calculated one at the rate of () RUB. in, incl. VAT% in the amount of () rub.
5.3.
Method of payment under the Agreement: transfer of funds in the currency of the Russian Federation (ruble) to the current account. In this case, the obligations in terms of payment under the Agreement are considered fulfilled from the day the funds are credited to the current account.
5.4.
Within working days from the date of signing this Agreement, transfers to the current account the amount of the Security Deposit in the amount of rubles. In case of delay in the payment of any amounts to be transferred in favor of the Agreement, he is entitled to withhold these amounts from the amount of the Security Deposit, of which he notifies in writing. is obliged to reimburse the withheld amount up to the established amount within working days from the date of receipt of the notification.
5.4.1.
Upon the expiration of the Agreement, the amount of the Security Deposit is set off against the rent for the last month of the lease.
Liability of the parties
6.1.
The Parties are responsible for non-fulfillment or improper fulfillment of their obligations under the Agreement in accordance with the Agreement and Russian legislation.
6.2.
Penalty under the Agreement is paid only on the basis of a justified written request of the Parties.
6.3.
The payment of the forfeit does not relieve the Parties from fulfilling their obligations under the Agreement.
6.4.
A responsibility :
6.4.1.
In case of untimely transfer or part of it for lease, undertakes to pay penalties at the rate of interest from the value of the untimely transferred for each day of delay, but not more than interest.
6.4.2.
6.5.
A responsibility :
6.5.1.
In case of late return or part of it, undertakes to pay rent for the actual time of use and penalties based on interest on the value of the late return for each day of delay, but not more than interest.
6.5.2.
In case of late payment of the rent, it pays a penalty based on the percentage of the amount of the unpaid (untimely paid) rent, but not more than interest.
6.5.4.
In case of non-fulfillment (improper fulfillment) of the duties provided for by any of paragraphs. 3.7 , 3.8 Agreement, pays a fine in the amount of rubles. for each such case.
6.5.5.
In the event that he subleased, or transferred his rights and obligations under the Agreement to another person (we transfer), or provided for free use, or gave lease rights as a pledge, or made them as a contribution to the authorized capital of business partnerships and companies or a share contribution in a production cooperative, or otherwise made alienation without prior written consent, is liable in the form of a fine in the amount of value.
The warehouse should be designed so that it is in accordance with the law and the interests of both the lessor and the tenant. So that there is no damage incurred due to the lack of the necessary points in the document or the erroneousness and ambiguity of the wording. Finally, so that no one else's interests are harmed when the contract is terminated.
What should you pay attention to when making a deal?
Perhaps the most important thing is to comply with the conditions, the failure of which leads to the recognition of the contract as not concluded. In addition, the tenant needs to pay attention to the following:
- It is worth mentioning the type of warehouse for its purpose - for individual use or a warehouse-hotel for short-term storage of goods of third parties on a lease basis.
- Before drawing up a contract, you should check whether the “candidate for landlord” is actually qualified to hand over the warehouse. By law, only the owner of the warehouse can be the lessor. The lessee does not have the right to arbitrarily re-lease it - without the notarized consent of the owner. Such inconsistent sublease should be avoided!
- In addition, it is worth asking about the presence or absence of encumbrances - for example, is the warehouse the subject of a dispute, or maybe it is mortgaged. Important: the encumbrance does not yet say that you cannot rent. But it must be mentioned in the contract.
Sample warehouse lease agreement between individuals and legal entities
Sample warehouse lease agreement - 1
Sample warehouse lease agreement - 2
Sample warehouse lease agreement - 3
Sample warehouse lease agreement - 4
Sample warehouse lease agreement - 5
Sample warehouse lease agreement - 6
Sample warehouse lease agreement - 7
Sample warehouse lease agreement - 8
Sample warehouse lease agreement - 10
Sample warehouse lease agreement - 9
Sample warehouse lease agreement - 11
Sample warehouse lease agreement - 12
Sample warehouse lease agreement - 13
With an individual and with an individual entrepreneur
If one of the parties to the contract is an individual, you can safely ignore the prescription of the term in the contract. It will be valid until one of the parties declares termination (one month in advance).
Note that when drawing up a contract, you can use its standard version, available in network sources. Sample form of a warehouse lease agreement with natural person, IP is very similar to what you could observe above for legal entities.
Termination of the agreement
Procedure is a necessary section of the document, designed to significantly facilitate mutual understanding between the parties in the event of circumstances that induce the termination of the contractual relationship, and to provide an opportunity to “part friends”. Here, the provisions of the agreement also cannot contradict the Civil Code of the Russian Federation. However, there are many compelling reasons (reasons) for termination.
For example, in the interests of the lessor:
- the tenant's use of rental rights as a collateral or as a contribution to another legal entity;
- redevelopment performed by the tenant without the consent of the lessor;
- failure to pay rent in the agreed order.
If the reasons (grounds) for termination are not indicated in the lease agreement, it can be terminated either by mutual agreement of the parties, expressed in a written agreement, or in court based on the norms of the Civil Code of the Russian Federation. It is worth emphasizing again: the landlord cannot take and put the tenant out the door. And he, in turn, cannot secretly move out without notifying the landlord in writing about the desire to terminate the lease of the warehouse. In the first case, the court will oblige the lessor to reimburse the costs, in the second - it recognizes the tenant as the debtor for rent and "communal".
The procedure for early extrajudicial termination of the contract is as follows:
- one of the parties draws up and sends the other a corresponding notice;
- the second gives a positive answer;
- the parties sign an agreement.
If the notification remains unanswered in due time, the drafting and sending party has the right to submit an application to the court.
