Attention! How to properly rent out non-residential premises. How to rent out commercial real estate - all the secrets

In cases where the owner of commercial real estate cannot or does not want to use it for its intended purpose, and there is no possibility of sale yet (or is not planned at all), the question of leasing arises.

It is known that commercial real estate is much more difficult to rent out than residential real estate. Indeed, in the first case, square meters must meet the needs of the market for this moment. After all, commercial real estate varies in type, which means that if you own a beauty salon, and at the moment there is high demand for cafes or shops, then the procedure for finding a client may drag on indefinitely. With residential real estate, especially in big cities, everything is much simpler: the demand for apartments. rooms, etc. are always high.

But despite this, commercial real estate is sold, purchased, pledged and leased, etc. If you approach the process correctly and correctly assess the value of real estate, it will be much easier to find the desired client.

In this article, we will analyze the procedure for leasing commercial real estate, and also give several recommendations, which, if followed, will significantly reduce the time it takes for owners to find a tenant.

How to quickly rent out commercial real estate: possible options

Any specialist will tell you that everything related to real estate (especially commercial) has nothing to do with the concept of “fast”. Even when it comes to renting residential real estate, people can’t decide on the final option for a long time, because... Fortunately, there is always plenty of supply. If we are talking about commercial real estate, we mean that we are talking about a business, which means that the potential tenant will consider all available options even more carefully, because the future area should best meet the needs of the business. Otherwise, there will be a high probability of possible losses. Next, we will separately consider several options that can help the owner of commercial real estate rent it out as quickly as possible.

Contacting a real estate agency

Many people mistakenly believe that real estate agencies deal only with the residential segment. This is far from true, because every self-respecting agency works with both residential and non-residential real estate, of any size, location, and condition.

The fact is that such agencies are some kind of intermediaries between the owner and the tenant. Those. They can be contacted not only by those citizens who want to rent out their commercial square meters, but also by those who are looking for a suitable site for their business. It turns out that the real estate agency has a special database that contains both applicants for renting commercial real estate and those who want to rent out this very property. When an offer is received, existing rental requests are analyzed. This means that if the interests of the parties coincide, it may well be that today you contact the agency, and tomorrow you sign a lease agreement. Those. everything can take literally a few days. If there is no corresponding request in the database, then the agency will search for a client, which will also be much faster than searching for a tenant on its own.

This option is suitable for those who do not mind (and who have it) money to pay for the services of realtors. The fact is that usually such agencies do not have any fixed fee for services, because... They usually work on commission. The commission fee is a percentage of the transaction amount. For example, if you plan to rent out real estate for 100 thousand rubles per month, with an advance payment of 3 months, then you will have to pay about 8-10% of the total amount, which can be approximately 30 thousand rubles. And it has always been like this, because... you have to pay for speed.

Reducing the price below the market minimum

Of course, it is not entirely correct to call this option optimal, but in conditions of urgency or the complete absence of applicants for your square meters, it can become the solution in which the problem can be solved by itself.

The most important thing is that this method is the least expensive (from the point of view that you don’t have to pay anyone for anything) and the simplest. To do this, you just need to superficially study the market prices for similar real estate at the moment. This can be done in the following ways:

• via the Internet
• looking at advertisements in newspapers
• contact a real estate agency for a free consultation (you can also call)

Once you have information regarding existing prices for similar commercial real estate, in order to quickly rent out your square footage, it is necessary to underestimate the market indicator a little (by how much exactly, it is difficult to say, since it depends on many factors). Those. if, for example, you own a premises with an area of ​​500 square meters. meters and you rent it out for 100 thousand rubles. per month, and similar real estate in your region is rented for 120-150 thousand rubles, then there is a high probability that a potential tenant will pay attention to your option. You should always remember that the price per sq. meter for any businessman (tenant) is far from the most insignificant indicator.

How can an individual rent out commercial real estate in 2016?

By and large, there is no particular difference in the procedure for leasing commercial real estate depending on the owner. In both cases, the process can take a long time or be completed within a few days. But, by the way, if the owner is a legal entity, then in such cases everything happens much simpler. After all, the operating organization occupies a niche in a certain market segment, which means it is aware of all its features. An offer to rent out real estate is usually sent to organizations also working in this segment, and in most cases the issue is resolved by itself.

In cases where the owner is an individual, everything is a little more complicated. After all, quite often ordinary citizens inherit commercial square meters (less often as a gift), or buy them at an affordable price, planning in the future to “squeeze” profit from this real estate in some way. In the vast majority of cases, we are, of course, talking about rent, and much less often there are cases when an individual is going to start his own business.

In order for an individual to rent out commercial real estate, the following basic rules must be observed:

• put the documentation in order
• give the property a “marketable appearance” (make repairs)
• seek help from specialized companies (as we discussed above)

Those. Having a fresh facelift can significantly speed up the process of finding a tenant. After all, most businessmen prefer to rent ready-made real estate, and thus not waste time putting it in order. Below we will talk about how to rent out commercial real estate without renovation.

How to rent out commercial real estate without renovation and in poor condition

This question arises before many owners whose commercial real estate is in poor or satisfactory condition. In other words, it requires urgent repairs, otherwise the search for a tenant may take years.

Experts highlight one option by which this problem can be solved. Its essence lies in the fact that the tenant under the lease agreement is exempt from making rental payments, but thereby undertakes to carry out repairs at a cost commensurate with the terms of non-payment of rent. Those. if you plan to rent out the property at a price of 50 thousand per month, and repairs require an investment of approximately 150 thousand rubles, then you simply offer the tenant to make repairs in exchange for exemption from rent for the first 3 months.

Purchase premises for business on initial stage creating one can be problematic. That's why entrepreneurs prefer to rent real estate. This allows you to reduce one-time expenses. However rental of non-residential premises is associated with a number of features that distinguish the process from the classical one. This leads to a whole list of issues, the inability to quickly resolve which causes delays in the start of activities.

If a legal entity or individual wants to avoid them and speed up the process of renting out non-residential real estate as much as possible, the procedure should begin with an analysis of current information on the topic. We will talk further about the procedure for carrying out actions, the features that are superimposed on the procedure depending on the status of the tenant and the lessor, as well as the peculiarities of taxation.

Do individuals need to register as individual entrepreneurs to rent non-residential premises?

The right to own residential property is reserved for individuals in Articles 131 and 213 of the Civil Code of the Russian Federation. A person who is recognized as the owner of real estate has the right to dispose of it and use it at his own discretion. A similar possibility is fixed in Article 209 of the Civil Code of the Russian Federation. Moreover, every citizen has the opportunity to rent out non-residential premises. The rule is reflected in Article 608 of the Civil Code of the Russian Federation. An individual can exercise his right to rent out non-residential real estate. However, the articles of the law do not oblige to register as an individual entrepreneur. However, a person is engaged in entrepreneurial activity by renting out real estate, he will need to open an individual entrepreneur.

When is it impossible to avoid opening a private enterprise?

Individuals can begin to carry out entrepreneurial activities only after they have passed the appropriate registration and received the status of an individual entrepreneur. However, the law does not oblige a citizen to become a legal entity. A similar rule is reflected in Article 23 of the Civil Code of the Russian Federation. A number of features distinguish entrepreneurial activity from other manipulations.

Which includes:

• there are stable connections with the tenant of the property;
• during a certain period, transactions are carried out regularly;
• a person keeps records of concluded transactions and completed operations;
• the property was purchased specifically for transactions;
• a person has regular income from the use of real estate.

In order for the process of leasing real estate to be recognized as a business activity and lead to the need to register as an individual entrepreneur, it must be proven that all transactions were concluded with the aim of generating permanent income.

For example, confirmation may be the signing of a lease agreement for one year or more, as well as the conclusion of transactions with the same organizations. In this situation, registration as an individual entrepreneur will be required.

What happens if you fail to register as an individual entrepreneur?

If a person violates the articles of the law and begins to carry out business activities without registration, legal proceedings will be initiated against him. A citizen may be brought to administrative or criminal liability.

One of the following penalties may be applied to him:

• monetary penalty of 500-2000 rubles (Article 14.1 of the Code of Administrative Offenses of the Russian Federation);
• monetary penalty up to 300,000 rubles (Article 171 of the Criminal Code of the Russian Federation);
• involvement in compulsory work lasting 480 hours (Article 171 of the Criminal Code of the Russian Federation);
• arrest for up to six months (Article 171 of the Criminal Code of the Russian Federation);
• a fine in the amount of income for 2 years (Article 171 of the Criminal Code of the Russian Federation).

How is an agreement concluded with legal entities and individuals?

There is no rule in Russian legislation that regulates the rental of non-residential premises from an individual. When drawing up an agreement, it is necessary to rely on the provisions of Chapter 34 of the Civil Code of the Russian Federation. The regulatory legal act contains general information on the provision of property for rent.

Article 606 of the Civil Code of the Russian Federation reflects that a lessor who is not legal entity, is obliged to transfer non-residential real estate to the tenant for temporary use and possession after a certain fee is paid.

The lease agreement is drawn up in accordance with the standards contained in Articles 434 and 609 of the Civil Code of the Russian Federation. The parties to the agreement are required to draw up the document in writing. The finished paper is signed by each party.

The contract must contain mandatory information, which includes:

• details of legal entities and individuals;
• information about the object;
• conditions of use of real estate;
• rent amount.

The parties have the right to expressly indicate for what period the contract is concluded. If such information is missing, the property is considered to be leased for an indefinite period.

A similar rule is recorded in Article 610 of the Civil Code of the Russian Federation. The text of the contract must indicate the OKVED code. If premises are rented out, code 70.20.2 is used. The rule is relevant only if we are talking about non-residential premises. When filling out the characteristics of the object in the contract, you must be careful.

The document must reflect the following information:

• inventory number of the premises;
• exact address indicating the floor and location of the premises on it;
• purpose (for example, office, warehouse, etc.);
• The name of a room;
• real estate area.

In accordance with Article 609 of the Civil Code of the Russian Federation, an agreement is considered officially concluded only after it is registered with Rosreestr. If the transaction is concluded for a period of less than 1 year, registration is not required. The agreement can be drawn up in any form. A similar rule applies to extending the contract for the same period.

To undergo state registration, you will need to prepare a package of documents. It should include:

• an application that can be obtained from a notary or other specialist involved in receiving the necessary documents;
• the agreement and all appendices thereto;
• passports of individuals of the transaction;
• check for payment of state duty
• other documentation, if there is a need to provide it.

How is taxation carried out?

If the property produces income, it is taxed. The timing of depositing funds and the procedure for making payments directly depends on the status of the taxpayer. If the calculation is carried out according to the simplified tax system with additional insurance contributions, the amount of deductions to the state will be 6% of the rent amount. A similar rule applies to individual entrepreneurs. By figuring out whether an individual can rent out the premises, it will be possible to find out that such an opportunity exists. However, the citizen will have to pay 13% personal income tax with a one-time payment. The rules are reflected in Article 208 of the Tax Code of the Russian Federation. If a citizen evades paying taxes, he will be subject to criminal liability or an administrative fine.

If the lessor is an organization

A legal entity can also rent out real estate. In accordance with Articles 209, 213 and 608 of the Civil Code of the Russian Federation, organizations have the same right to own, use and dispose of their own property as individuals. However, the law does not impose restrictions on the number of structures owned by a legal entity. A similar rule is reflected in Article 213 of the Civil Code of the Russian Federation. If the premises are leased by a legal entity, the agreement is concluded in accordance with Articles 606 and 670 of the Civil Code of the Russian Federation. In this case, the document must indicate OKVED code 70.20.2.

Agreement with a legal entity in mandatory drawn up in writing. It does not matter for what period the property is provided.

The contract must also contain mandatory information, which includes:

• characteristics of the premises;
• information about legal entities and individuals appearing in the agreement;
• rent;
• features of the use of premises and repairs;
• signatures of the parties to the transaction.

If the lease term is not specified in the agreement, it is considered to be concluded for an indefinite period. This rule is enshrined in Article 610 of the Civil Code of the Russian Federation. The agreement and all annexes to it must also be registered with Rosreestr if non-residential real estate is leased for a period of more than 1 calendar year.

In order for the authorized body to agree to carry out registration, the representative of the legal entity will need to prepare the following documents:

• an application completed in accordance with the rules;
• a completed and signed agreement, as well as an annex to it;
• real estate cadastral passport;
• papers confirming the legal status of the organization;
• documents confirming the fact of payment of the state duty;
• additional papers, if required.

If the lessor is an individual

If an individual acts as a lessor, the process of drawing up an agreement and the specifics of the transaction change. So, the document must indicate the address and characteristics of the premises. In this case, targeted payments will not be subject to VAT. It also includes utility bills.

A person who rents a commercial space can deposit the fee into the individual's bank account or provide it in cash.

Rent changes must be made in accordance with current legislation. Article 614 of the Civil Code of the Russian Federation stipulates that adjustments to the amount of payment should occur no more than once a year. If the contract is concluded for more than one year, the document must be registered with the territorial division of Rosreestr.

The possibility of more profitable rental of non-residential premises depends on the purposes for which it may be suitable. This could be a production facility, warehouse, store or office location. Its size and various additional factors also matter. Before you start looking for tenants to rent out non-residential premises, you need to evaluate all its advantages and disadvantages, and then, having drawn conclusions, decide to whom and in what way it is better to offer the premises: to a small person or big business, trading, manufacturing or other company.

The main principles of renting out any premises

• The basic concepts of how to rent out industrial premises, premises for a store or office are the same for all categories. Any landlord should know them: you can find a tenant for non-residential premises on your own or with the help of an intermediary - a real estate agency. But even if you choose the second option, you must be present in person when showing the premises, as well as discussing various details of the lease terms. This will help avoid many unpleasant surprises in the future.
• First, you will need to monitor the situation on the real estate market in your city. To do this, it is necessary to study the cost of similar offers posted on the Internet or in the media. After that, analyze them and decide at what price you will rent out your non-residential premises. To be more confident that you have not made a mistake with the price, you can contact any of the real estate agencies in your city. As a rule, the cost assessment service is provided free of charge; it does not oblige you to use the services of this agency in the future.

Calculation of the cost of renting premises

It is worth considering that the cost of rent is influenced by such factors as location relative to the city center, the presence of nearby parking and bus stops with good transport links, as well as the presence in the rented premises of a telephone line, Internet, furniture, repairs, air conditioning, heating, alarm system, bathroom .node, etc. The number of rooms can also play a role, as well as the ability to divide the space with office partitions.

Meetings with tenants

If, when solving the problem of how to rent out a room, you decide to resort to the help of an intermediary, then you will need a lot of time to discuss with him in as much detail as possible mutual obligations, the procedure and amount of payment for his services, etc. All not only significant, but also smaller details must be fixed in the contract. When searching for tenants on your own, you will need to create an advertisement containing the most detailed description of the proposed option, and then place the resulting advertisement on as many different popular resources as possible.

There are a few things you need to consider if you want to submit something yourself. Renting premises for a store, office or industrial premises is very popular nowadays. But remember that at each meeting with tenants you will need to present documents that confirm your legal right to dispose of this office space. In addition, you will have to answer in detail all the numerous questions from possible future tenants. Think in advance about what positive factors will help minimize the effect of negative factors. Be prepared to spend a lot of time on negotiations.

Drawing up a lease agreement

With a tenant who has made a choice in favor of your non-residential premises, you should discuss in detail mutual obligations, as well as the payment procedure, its amount and terms. Be sure to indicate the rental period of the premises and the possibility of its extension. As a rule, contracts are concluded for 1 year, they include a clause on the possibility of automatic renewal. Other essential conditions should also be specified in the contract, for example, who will assume responsibility if any damage is caused to the office, etc. Despite the fact that the standard text of the contract can be easily found on the Internet, you should carefully modify it to suit your own needs.

In order to successfully lease office space, you need to spend a lot of time searching for tenants who are willing to treat other people's property responsibly and make payments on time. But even if you are lucky and can find such conscientious tenants, you should not forget to periodically check the condition of your premises. This will only have a better effect on tenants. Also, don't forget to remind them about upcoming rent due dates.

It is also worth worrying about notarization of the contract. Since no receipts or agreements signed “on the knee” will save you in the event of the tenant’s dishonesty. Another way to protect yourself is to search for information about the tenant via the Internet. You may be able to find something interesting by last name or phone number.

Contents [Show]

Owners who have available square meters are usually faced with the question of how to successfully rent out the premises. Be it an apartment, office, warehouse, etc. the owner always wants to get the maximum benefit with minimal costs: that is, rent it out as expensively as possible, pay as little taxes as possible, and also not have to pay commissions and the premises themselves remain safe and sound. Believe me, this desire, although understandable, is impossible.

Instructions

It is not always possible to rent out premises at an inflated price even

agencies

The fact is that such square meters are in demand among a narrow number of tenants. That is, if your premises meets all the requirements of the renter (as a rule, these are some specific features), then he may agree to your proposal. But you can wait a very long time for such a customer. Therefore, it is better to start from the average market price when assessing your

premises

As for the preservation of the premises in their original form, this is unrealistic. Even the most careful tenants will inevitably cause at least some damage to it while using it (from basic dirt to damage to the finish). If your premises are very dear to you, then stipulate compensation for damage to it in the contract.

It follows from this that when formalizing

with a tenant, you will no longer be able to avoid taxation of your income from renting out the premises.

And in order to quickly find a tenant who will suit you and who will be satisfied with your premises and its price, and avoid a lot of problems,

better contact

to a proven agency with at least 5 years of experience.

The first thing you should do is find a good rental agency

real estate

An agreement for the provision of services must be concluded with this organization. As a rule, there is no commission charged to the landlord. Next, the agent will ask you to show him your premises, after which he will be able to determine the amount you can expect. The agent will offer and the best way receipt by you

rental

fees. Usually for commercial

real estate

Payments are made quarterly, but for residential - monthly. If there are no valuables in your premises, you can safely leave the keys to the agent, who will show it to future tenants without interrupting your work. And the last step is getting to know the tenants and concluding an agreement with them

Offer from our partner

Sources:

• how to rent out offices

If you have extra square meters, then let them bring you income. Rent out your apartment. Renting an apartment is not a simple matter and you need to approach it armed with as much knowledge as possible.

Instructions

The very first thing is to estimate the cost of rent. This can be done simply. View rental advertisements

the same type and size as yours. In addition, the cost of renting a property is affected by its location. That is, the same

apartments

Prices will vary in different areas.

The next thing you will encounter when renting out an apartment is finding tenants. In this case, there are two ways to proceed: hire a realtor or start searching on your own. Both methods have advantages and disadvantages. By hiring a real estate specialist, you are freed from searching - all you have to do is meet tenants on the spot. But at the same time you will have to fork out for the services of a realtor. Although many realtors offer tenants bes paid services, because they will take their commission from the tenants. If you decide to search on your own, then you will need to place an advertisement for renting an apartment. But first, interview your friends and, for sure, they will have someone willing

to rent an apartment

When you find a suitable tenant, under no circumstances conduct settlements with him on a trust basis. When renting out an apartment

a standard agreement is concluded, which defines the term and subject of the agreement, rights and

responsibilities

parties. All passport data must be recorded. The following describes the current state of the apartment. Describe the property you are transferring for use. Also provide for penalties in case of damage. Be sure to provide for the possibility of changing the payment for

The contract must necessarily contain a clause stating who has the right to be in

apartment

How can you visit it? Some unscrupulous tenants may rent

apartment

for sublease, but not to live in this territory. There are even developed fraud schemes related to subletting. Your tenant can invite several potential subtenants, collect advance payments from them, and disappear. If they go to the police, you can't avoid trouble.

Any lessor bears certain

when renting out an apartment. The main problem is when the tenant does not pay rent. To prevent such situations from arising, draw up the contract correctly. It is necessary to provide for the procedure for settlements and collection measures in the event of a situation of insolvency of the tenant. Decide who will pay utility bills: you or the tenant. This point must also be fixed in the contract.

Renting an apartment in

can be a great opportunity to get an additional source of income, but in order to avoid problems in the future, it is better to contact professionals who can take into account those nuances that you have not even thought about.

Tenant for a vacant lot

office you can find it yourself by advertising on various media (print media, online bulletin boards, billboards, if these costs are justified by the cost of rent, etc.) or resort to the help of intermediaries. In any case, it is better to participate in person in showing the premises and discussing the essential terms of the lease.

You will need

• - documents confirming your right to dispose of the office;
• - services of real estate agencies or resources for advertising;
• - text of the lease agreement.

Instructions

Monitor the market situation. To do this, analyze

price

The rental price is definitely affected by the location

office, convenience of transport links (both by car and by public transport), availability of a telephone and the number of lines, Internet.

The number of rooms, the possibility of dividing space with office partitions, the availability of parking, air conditioning, etc. also play a role.

If you prefer help

intermediary

Discuss with him as thoroughly as possible mutual obligations, the amount and procedure for payment for his services, etc. Secure all the essential points in the contract.

When searching on your own, create an ad with the maximum detailed description the proposed option and place it on as many popular resources as possible.

If you have

owned

business center or more

premises

rent- your specialization, special employees will negotiate with tenants. Otherwise, think about your contacts. The ideal option is a separate phone number and email

For unhourly calls, connect an answering machine.

Be prepared to make appointments with tenants and show them documents confirming your right to

manage the office, answer their questions, including not the most convenient ones. Think about how you can minimize the effect of possible negative factors.

With the tenant who has made a choice in favor of your offer, discuss in detail mutual obligations, the amount, procedure and terms of payment, the lease term and the possibility of its extension (usually contracts are concluded for a year with the possibility of automatic extension) and other essential conditions.
Secure all this in the lease agreement. The standard text of the latter can be easily found on the Internet and modified to suit your own needs.

After concluding the contract, do not forget to accept

rental

payment, if necessary reminding about its deadlines, and periodically check the condition of the premises.

In the modern business model, it is common to build a business from scratch for its subsequent resale. Once open shop, cafe, salon, begins to generate a stable income, the owner sells it or rents it out rent for a long time. This model is beneficial to both parties: the owner acquires a source of passive income, and the owner (tenant) receives a ready-made business without significant material and time costs.

Instructions

To pass

shop V

rent, it is necessary to draw up a corresponding agreement. When drafting it, try to provide as much as possible for possible solutions to various legal issues, as well as potential controversial aspects. Lease agreement

shop and, in accordance with the civil legislation of the Russian Federation, differentiated as a building lease agreement

and structures

(premises). So,

shop accepted

non-residential premises. In its turn

the room is

real estate object

Which is an integral part of buildings and structures.

Lease contract shop and most often it is bilateral and is concluded between the landlord on the one hand and the tenant shop and on the other.

The lessor is usually the owner

shop and (sometimes specially authorized

owner

face). Virtually any legal entity, naturally capable and legally capable, can become a tenant.

Lease contract shop and is concluded for a period of no less than one year. Such an agreement must necessarily undergo state registration of the lease right.

agreement

shop and the parties concluding the agreement and their details must be indicated; information about property transferred to

rent(address, name of the rental object, inventory number, purpose

shop ,

Rent amount).

successful

state registration of the lease agreement, it is necessary to attach cadastral passports of both the relevant building (structure) and the premises itself, indicating

rent total area.

There are standard (standard) samples of lease agreements for non-residential premises, including those used for

shop. However, in order to avoid circumstances undesirable for both parties, be sure to show

your contract to a lawyer.

Sources:

• rent out a grocery store

Extra living space can bring a good monthly income to its owner, if you follow simple rules when renting it out, which will help to significantly increase the rent.

You will need

• - furniture;
• - repair.

Instructions

To get the maximum benefit from renting out excess living space, do not use the services of intermediaries. Although most of them receive their percentage from the tenant, your rent amount can still be significantly reduced, since it is unlikely that there will be a tenant willing to pay a very large sum for your housing if a similar apartment is rented nearby first-hand and the rental price is significantly below.

If you are not busy with work, rent out the apartment

daily

This will help you increase your income several times. It is extremely undesirable for people who have a permanent job to engage in this method of generating income, since they will have to constantly “hang” on the phone, constantly show clients the apartment, hand over and pick up the keys and receive rent, which is completely unrealistic to do with systematic employment.

Can bring good income

renting an apartment

one room at a time. If your home is spacious enough, all rooms are isolated, then this option is worth considering. The only drawback- This permanent shift tenants. If some move out, you will have to look for other tenants and the room may remain empty for some time, which will affect the total amount received from renting out housing. In addition, this option is completely unsuitable for apartments with adjacent rooms and for small-sized housing.

Cosmetic repairs or general cleaning will help to slightly increase the amount of rent. The first impression of a sparklingly clean apartment allows you to call the initial amount of rent higher than if the apartment contains dirt and rubbish from previous residents.

Before renting your home, take the time to Special attention lighting. If there are not a single light bulb left after the previous residents, screw them in in all rooms, in the hallway, kitchen and bathroom. When inspecting the property, you will be able to turn on the lighting in all rooms. This will help create the first impression that, upon moving into the apartment, you won’t have to immediately deal with minor household problems.

Furnished apartment, equipped household appliances, always costs significantly more than a completely empty home. After all, many tenants, moving from place to place, do not have bulky furniture and household appliances. Therefore, they are looking for housing that is equipped with everything they need, and are willing to pay much more for it.

Possibility of renting in rent non-residential premises depend on the purposes for which it is suitable: for production, warehouse, office, store location. Its size and various additional factors also matter. Based on all this, you can understand to whom and in what way it is better to offer it: large or small business, manufacturing, trading or other company, etc.

You will need

• - documents confirming the right to legally dispose of the premises;
• - advertising placement services;
• - lease contract.

Instructions

Start with who your potential tenant will be. This will help you choose those advertising

sites

Where exactly your consumer will be found. The law of the market is known: supply must be where there is demand for it.

Analyze the various factors influencing the price

This is, first of all

Location, convenient transport links, availability of various additional functions.

room, due to which it is possible to smooth out certain shortcomings.

The price and expected benefit will help you understand the limits of your advertising budget. For example, one office with an area of ​​about a dozen or two

room m under a supermarket or business center the picture may be different.

Create an ad that highlights the aspects of your option that are significant to the consumer, and place it on resources that the consumer is guaranteed to read. This could be various print media and bulletin boards.

real estate

Likewise, industry publications and network resources, including professional ones social media, forums, etc. They may have special sections for such offers.

Be ready to meet

with tenants

Show them

room, answer tricky questions, demonstrate documentary evidence of your right to dispose of this property.

With the tenant who has made a decision in your favor, discuss in detail all the essential conditions (

payment, rental period and the possibility of its extension, your and the client’s obligations, etc.) and reflect them in the contract.

A standard lease agreement can be easily found on the Internet and modified to suit your needs.

In the future, you only need to monitor the timeliness of receipt of payment and periodically check the status

premises

Sources:

• non-residential premises for rent

To submit to rent any free area, whether residential or commercial, you can contact a real estate agency or find a tenant yourself. In the second case, it is effective to post information in print media and on the Internet on those resources that are visited by potential tenants from the area where the property is located.

You will need

• - documents confirming your ownership of real estate;
• - computer with Internet access;
• - money to pay for the services of realtors and/or posting ads on paid resources;
• - telephone and email for communication.

Instructions

Even if you do not want to resort to the help of realtors, it will not be superfluous to visit several agencies and consult about the price of renting your

areas

and the factors influencing it. It may not be superfluous to take certain measures that give grounds to request more. For example, connect additional telephone lines, wired Internet, etc., depending on the situation and nature

area .

If you prefer to entrust the search for tenants and initial contacts with intermediaries to intermediaries, meticulously ask about the terms of cooperation: price, payment procedure for agency services (ideally after moving in

tenant

In other cases you should

think)

guarantees

When searching on your own, prepare ad texts of varying lengths. Your task is to contain as much essential information as possible in a minimum amount of text, giving a complete picture of the areas for rent. Often its solution is facilitated by generally accepted, understandable abbreviations.

A separate issue is contacts. A separate symbol will help you save your nerves and insure yourself against untimely calls.

You can insert it into your phone only at times when it is convenient for you to receive calls, but for others (which there will definitely be)

use

answering machine.

This function is also convenient after

areas. It will be enough for you to turn off the phone by writing on the answering machine that

A separate email address for correspondence with tenants will also be useful.

As you receive calls from tenants, arrange viewings and rental periods with them. Be prepared to accompany them as they tour your premises and answer a variety of questions, including awkward ones.

Try to look at the premises through the eyes of a potential tenant: what suits you about it, what doesn’t and why, think about how you can minimize the negative aspects.

Prepare also

documentation

area, confirming your right to legally dispose of them (certificate of ownership, power of attorney from the owner, etc.) in order to present them upon request.

With a tenant who is suitable for your option, enter into an agreement, which specifies the rental period, the possibility of extension, the amount, procedure and terms of payment.

And, of course, do not forget to accept payments, reminding if necessary that it is time to make another one (although, of course, preferable

tenants

With which this procedure is not required).

A correct understanding of how a lease differs from a sublease will help any property owner or person wishing to obtain one room rent, avoid financial risks. IN sublease The area or real estate is transferred only with the consent of the owner, which is confirmed by a package of documents. If you decide to issue room V sublease, then you must follow clear instructions.

You will need

• - originals of registered agreements according to the number of participants in the transaction and an additional copy;
• - notarized constituent documents of the parties to the agreement;
• - a copy of the document confirming ownership;
• - cadastral passport, explication and extract from the technical passport.

Instructions

Never forget that all transactions must be in writing. It is the contract that serves as protection for you from all kinds of fraud on the part of third parties.

Concluding an agreement

sublease

You should check out

primary

lease agreement and ask the sublessor for permission

owner

room secondary. Remember that if

owner

was not informed about this or for some reason did not include this clause in the contract, then you have no right

design

room V

sublease, because it will be illegal.

Be careful: the sublease agreement cannot last longer

lease agreement

If you ignore this rule you will have to leave

room sooner than you thought. Accordingly, you will suffer losses and pretty much fray your nerves.

To register an agreement, you must “collect” the following package of documents: originals of registered agreements according to the number of participants in the transaction and an additional copy; notarized constituent documents of the parties to the agreement; copy of the document confirming the right

property

; cadastral passport, explication and extract from technical

passports

Remember that collecting documents will take you some time, so take care of everything in advance.

note

Sometimes subletting premises involves complex and confusing situations. Never take people's word for it. The best way out of such situations is to contact a qualified lawyer who will help you draw up a sublease agreement in accordance with established regulations.

Helpful advice

It would not be amiss to remind once again that the sublease agreement is registered with the consent of the owner, therefore it is necessary to obtain his permission in the form of a letter and provide a notarized copy of the registered lease agreement.

Non-residential premises. especially for commercial purposes, are in demand: every day new companies and projects are created that need to have an office or trading platform somewhere. In order to profitably rent out non-residential room, it is important to navigate market prices and conclude a competent lease agreement for non-residential premises.

Instructions

As a rule, change

non-residential premises

carried out in two ways:

acquaintances;

2. rental through a specialized agency.

Each of these methods has its advantages and

The main advantage of the first one is

owner

knows who he's renting to

room and considers them reliable people. Its disadvantage follows from its advantage:

reliable acquaintances may let you down, and relationships with them will deteriorate. Damage to relationships includes losses caused by their activities. The advantage of the second method is that the relationship with the tenant will be purely business.

non-residential premises

of the same area differ depending on its location - the region,

And also depending on its condition and purpose. This is worth keeping in mind when setting your price. The location in the city center or not in the very center, but in an elite building is a reason for setting a high price.

Particular attention should be paid to concluding a lease agreement

non-residential

premises. According to civil law, the lease agreement must be in writing. If it is concluded for a period of more than 12 months, it is subject to state registration. The essential terms of the lease agreement are as follows:

1. subject of the contract (it is important to clearly identify

room, indicate its address, area, cadastral or conditional number, etc.).

2. condition regarding rent. This condition is not significant from the point of view of civil law, but it is important in commercial transactions.

In addition to these conditions, the parties have the right to determine other conditions that will be significant. It should be remembered that in the absence of essential conditions, the lease agreement will be considered not concluded.

If for some reason you have a free garage, it can be rented out. Change garage and may bring a small replenishment of the family budget, so you can start looking for a potential tenant. But don’t rush to rent out real estate to the first person you come across and generally be careful when renting out garage and problems and unpleasant situations may arise.

Instructions

Before you give

announcement

in the newspaper or hang them around, remove them from

garage and all valuables. Also clear the room of any rubbish and other things.

Untidy

garage and do not really attract motorists with new and expensive

cars

old cars

people are used to leaving them under the window of their own home.

After you have found a tenant, agree on the amount and delivery date garage as well as the terms and date of payment. Don’t forget to draw up a lease agreement, it will insure you against unpleasant incidents, because, in extreme cases, you can go to court or the police. You should have two copies of the agreement, one for you and one for the tenant.

Submit an application to the tax office about what you are renting

garage. Bypass

very dangerous if the tax office reveals the fact of delivery

garage And if there are no deductions from profits, you may have major problems with huge fines. You must pay 13% of the amount you receive for change

garage A. Once a year you will have to visit the tax office and submit an income tax return.

Monitor the condition of the premises and collect rent on time. If money is delayed, resolve it privately. Not always

simply refuses

Sometimes there are significant reasons for this

grounds

such as delay wages and other unforeseen situations.

How to rent out a room

Renting non-residential premises, for example, for a store, involves searching for a suitable property and concluding a written agreement. It is necessary not only to fill out all its sections correctly, but also to follow the exact sequence of actions. How to rent out non-residential premises correctly from a legal point of view?

Legislation

Issues of leasing non-residential properties are regulated Federal law“On state registration of rights to real estate and transactions with it” and the Civil Code of the Russian Federation. According to the law, non-residential objects include those that are part of buildings, but are not suitable for living.

The owner can independently rent out non-residential premises on a contractual basis. It can only be in writing. If the lease is for a period of up to 12 months, the agreement does not have to be registered. If the lease is issued for a period of more than 1 year, the agreement should be registered in the prescribed manner with Rosreestr. Landlords are obligated to pay taxes on rental income received from established by law deadlines.

Sequencing

The owner has the right to rent out non-residential premises in an apartment building, office or mall. It is necessary to know the sequence of actions that must be followed by both parties to the transaction.

Selection of real estate

Finding a suitable object is the most difficult stage. The tenant selects premises based on parameters such as transport accessibility, infrastructure and traffic. The search can be carried out through real estate agencies and specialized websites. Experienced businessmen devote a lot of time to this process.

The non-residential real estate market is divided into premises for the following purposes:

• Office;
• Trading;
• Production;
• Warehouse.

It is necessary to initially decide on the type of property, location, number of floors and area. It is easier to formulate a query when this data becomes clear. After selecting several options, the future tenant inspects the premises. This is a necessary step. The landlord must present the premises from its advantageous perspective. But you should not hide existing shortcomings, as they may appear later. This could lead to the termination of the lease agreement.

If there is no time to search for premises, the tenant can delegate this work to a trusted person or intermediary. All details and required parameters are provided. These are paid services that are paid in the amount of 50 to 100% of the monthly rent. An agreement must be concluded with the intermediary. Payment must be made after selecting a suitable premises.

A thorough study of the issue does not always guarantee a positive outcome.. On our website you can for free get the most detailed advice on your issue from our lawyers via the online form or by phone in Moscow ( +7-499-350-97-04 ) And St. Petersburg ( +7-812-309-87-91 ) .

Conclusion of an agreement

It is better to involve a lawyer in this process. He will help you draw up the contract correctly and explain controversial issues, as well as check the legal purity of the transaction. You can do this work yourself. Before signing the contract, you must request the following documents:

1. property documents;
2. floor plan;
3. owner's charter documents.

After checking the documents, you should discuss the terms of the lease. They may relate to the following points:

• payment of utility bills;
• the amount of rent;
• deadline for delivery of the premises;
• availability of telephone communication and Internet access;
• carrying out repair work;
• conditions for termination of the contract.

It is important to discuss which party is assigned each item and within what time frame the obligations are fulfilled. The agreements reached are stated in the contract or in the form of additional agreements to it.

It is important to include a clause in the contract regarding actions in the event of force majeure.

Download the lease agreement for non-residential premises (sample 2018)

Signing the contract

It is better if the tenant and the landlord sign the agreement in person without intermediaries. In this case, it is easier to resolve controversial issues; the parties can make some concessions. When drawing up a contract, it is important to fully include information about the property. They must include the full address, floor, area of ​​the premises. The agreement should be accompanied by a floor plan. Only in this case can the agreement be considered valid.

The agreement is signed in 2 copies if the lease is provided for a period of up to 12 months. If a long-term lease of 1 year or more is planned, 3 copies of the agreement are signed. One copy each remains with the landlord and the tenant. Another copy remains with the registrar.

Transfer of premises

After signing the contract, a transfer deed is drawn up from the landlord to the tenant. The day it is signed will be considered the beginning of the lease. The act is signed only after the premises have been completely inspected. If a malfunction is discovered during inspection, it is recorded in the report. This allows you to avoid unnecessary expenses in the future.

The analysis allows you to require the tenant to eliminate defects and malfunctions and reduce the rent. Therefore, it is better for the owner to tidy up the premises and communications in advance. After signing the transfer deed, the tenant can fully use the premises and conduct business activities.

According to current legislation, the contract must contain the following basic conditions:

1. The parties to the agreement are the tenant and the landlord. In accordance with Art. 608 of the Civil Code of the Russian Federation, the right to rent out non-residential premises belongs to the owner.
2. Subject of the agreement. Indicated detailed characteristics premises. In accordance with paragraph 3 of Art. 607 of the Civil Code of the Russian Federation, in the absence of them, the agreement is considered invalid.
3. Terms of use of real estate. They can be recorded in as much detail as possible. It is indicated who is obliged to carry out cosmetic and major repairs.
4. Payment. The payment amount is fixed. Without this, the contract is considered gratuitous, and this is not permissible for rental agreements.
5. Validity. It is determined by the parties by mutual agreement. If it is not specified, the contract will be considered concluded for an indefinite period.

An agreement whose validity period is less than 12 months is not subject to mandatory registration. If, after its expiration, another agreement is concluded for a similar period, registration is also not required. An agreement for a period of 12 months is subject to mandatory registration. But it is important to take into account that, based on Articles 619 and 620 of the Civil Code of the Russian Federation, early termination of the contract is possible.

Sublease

The tenant can transfer the real estate under a sublease agreement. But this is only possible with the consent of the landlord, who is the owner of the property. The sublease agreement must also be registered in accordance with the procedure established by law.

But it is important to consider that early termination of the lease agreement is possible. Both the landlord and the tenant have this right. In fact, the parties to the transaction have complete freedom of action. But the contract must contain the grounds on which early termination is possible.

There are the following features of sublease:

• The validity period is limited to the duration of the lease agreement with the owner;
• If the lease agreement is terminated, the subtenant has the opportunity to renew the agreement with the owner before the end of the sublease period on the same terms;
• If the contract is concluded for a period of 12 months or more, it must be registered.

The following rights and obligations of the tenant are highlighted:

1. Monitoring the use of premises for their intended purpose.
2. Timely payment of rent.
3. Carrying out repairs by agreement of the parties.
4. Maintaining the premises in proper order.
5. Drawing up a transfer deed with the subtenant.

In case of any violation of accepted obligations, each party to the transaction has the opportunity to terminate the obligation before the end of the contract.

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Required documents

For contracts concluded for a period of 12 months or more, state registration is carried out. To do this, the following package of documents is generated:

• application of the established form;
• lease agreement with all attachments;
• cadastral passport;
• Russian passports - for individuals, title documents - for legal entities;
• power of attorney, if the documents are submitted by a representative;
• notarized consent of the spouse, if the object is jointly owned or was acquired during marriage;
• permission from the guardianship and trusteeship authority, if the property is registered in the name of an incapacitated or minor citizen;
• written permission from the pledgee if the property is pledged;
• receipt of payment of state duty.

Taxes

Taxes are provided for the rental of non-residential premises. The optimal tax regime is a simplified taxation system. Special tax regimes not only make accounting easier, but also have a lower tax burden. The following features apply:

1. if the cadastral value is determined and a special regional law is in force, tax is paid on office, administrative and retail real estate;
2. locally the rate is 2%.

If a special law has not been adopted at the local level, the following rates are established for entrepreneurs using the simplified taxation system:

• simplified tax system 6% - from total income;
• STS 15% - from income minus expenses.

If the organization is on the general taxation system, a high tax burden is established. In this case, the rental business is not profitable. Traditionally, three main taxes are established:

1. on the profit of the organization and personal income tax for individual entrepreneurs - 20% for legal entities and 13% for entrepreneurs;
2. for property – 2% based on the cadastral value and 2.2% when calculating the residual value;
3. on added value - 18%, if quarterly revenue is more than 2 million rubles.

How to avoid paying taxes on income received from renting non-residential real estate? On the one hand, the legislation establishes the obligation to pay taxes on all lease agreements. If the contract is drawn up for a period of 1 year or more, it is registered in Rosreestr. This information transferred to the tax service in accordance with the information exchange agreement. If the agreement is drawn up for a period of up to 1 year, the tax service will have to prove the fact of lease, which is not always possible.

Does an individual need to register an individual entrepreneur?

Current legislation provides for administrative and criminal liability for carrying out illegal business. Criminal liability is established if illegal business activities are carried out or large profits are made in the amount of 1.5 million rubles.

When a violation is found, judges take into account the person’s specific circumstances and many other factors. As a rule, there are no problems in the case of renting an apartment or country house. If a non-residential property is for rent, several signs of entrepreneurial activity can be identified. If the premises are purchased directly for rent, the activity requires registration, as it is recognized as entrepreneurial.

The same applies to long-term leases or contracts that are renewed multiple times. This sign is interpreted as a fact of systematic and intentional receipt of profit from the ownership of a non-residential property. If these signs are detected, the citizen is recommended to register an individual entrepreneur. In this case, the tax is 6% of the total income. Personal income tax is 13%.

The owner of the premises must file tax returns annually.

Thus, renting non-residential premises has its own number of features. It is necessary to draw up a legally competent agreement, provide for all the specifics of the agreement and pay taxes on time. This will allow you to avoid problems in the future and legally make a profit.

How is non-residential premises rented out? What laws govern this process and what conditions must be met for a commercial real estate lease transaction to be legal and legal for both parties? Read about this in our article.

The procedure for leasing non-residential properties is a form of property agreement, according to which the lessor (owner of the premises) transfers the property to the lessee (tenant) for temporary use on rental terms. Most often, such rental transactions are made between legal entities or individual entrepreneurs. The procedure for leasing non-residential premises is regulated by the Civil Code of the Russian Federation, the Federal Law of the Russian Federation “On state registration of rights to real estate and transactions with it.” In accordance with the Civil Code of the Russian Federation,

lease contract

Which is concluded for a period of less than 12 months, is not subject to state registration, while an agreement executed for more than a year must be registered with the competent authorities.

Various structures, buildings as a whole or individual premises included in the non-residential stock are subject to rent. Certain elements of the premises are not subject to rent (for example, the basement, roof, flight of stairs, etc.). The non-residential premises are transferred to the tenant along with documents and keys, otherwise the contract is terminated on the basis of the lack of conditions for operating the premises.

Renting non-residential properties: paying taxes

Renting out any residential or non-residential premises is directly related to the issues of paying taxes on the profits received. Many responsible owners of premises, in particular individuals, are interested in answers to questions - how much tax should be paid, whether it is necessary to register as an individual entrepreneur, and many others. Let's try to understand all the intricacies of leasing non-residential properties.

So, do you need to pay tax when renting out non-residential premises?

Every landlord, whether an individual or a legal entity, is required to pay tax on the profit received from renting premises!

In accordance with clause 4 of clause 1 of Art. 208 of the Tax Code of the Russian Federation, rent for the use of premises is income from which the owner of the premises (individual) must pay

personal income tax (3-NDFL)

The amount of which is 13% of the total amount received during the contract period.

It is worth noting that concealing the fact of leasing residential or non-residential premises often results in the collection of the entire amount of tax for the owners, and in addition, fines in the amount of 20% of the unpaid amount and penalties in the amount of 8% per annum.

Find out that residential or non-residential premises owned are for rent, for tax service is not difficult: the sources can be regular bank transfers to a card in a certain amount (usually more than 100 thousand rubles monthly), direct information to the tax authorities from the tenant, and other reasons that serve as an excellent lever of pressure on the landlord.

Do I need to register as an individual entrepreneur to rent out premises?

In accordance with Russian legislation, carrying out business activities without official registration with the relevant government bodies entails administrative (Article 14.1 of the Code of Administrative Offenses) and criminal liability (Article 171 of the Criminal Code of the Russian Federation), if the income received is more or less than 1.5 million rubles per year accordingly.

It is quite difficult to obtain an unambiguous answer to the question of whether renting out premises is a business activity, therefore the courts, when considering such cases and making a decision, take into account many factors and the specific circumstances of the case. For example, if residential premises are rented out, and the reason for this is that there is no need to use it for one’s own residence, this type of income will not be considered entrepreneurial activity, but the owner of the premises will still have to pay 3-NDFL tax.

At the same time, several signs can be identified that indicate that renting out premises will be considered as a type of entrepreneurial activity with income generation:

1. Renting out a non-residential property. In this case, the fact that non-residential premises cannot be used to satisfy the household or family needs of citizens is taken into account, which means that this object is rented out for the purpose of making a profit.
2. If the premises are leased to a legal entity. Accordingly, the organization that rented the non-residential premises will note in the expense item the amount spent on rent.
3. If the premises are purchased specifically for further rental.
4. If the lease agreement is concluded for a very long period or the fact of repeated renewal of the lease agreement is established. This aspect is considered by the court as a sign of systematic profit-making by the owner of the premises.

If these signs are present, according to the law, the owner must undergo official registration with government agencies as an individual entrepreneur. In this case, a simplified form of the taxation system is chosen for paying taxes, the amount of which is 6% of the amount of profit (remember that the income tax for an individual is 13%). It is also worth considering that the owner of the premises, both as an individual entrepreneur and an individual, will need to submit the appropriate tax reports within the deadlines and in the form established by the Tax Code of the Russian Federation.

Sublease of non-residential premises

Renting residential or non-residential premises implies the possibility of subletting it directly by the tenant. Re-letting of real estate is allowed only with the written permission of the direct owner of the premises and the presence of a special condition in the lease agreement. The parties to the sublease agreement can be both individuals and legal entities. A copy of the agreement must be handed over to the subtenant as a confirmed fact of the owner’s consent to perform this action.

The sublease transaction of non-residential premises has some features that the tenant must take into account when concluding an agreement with the subtenant.

1. The term of the sublease agreement cannot be longer than the term of the original/main lease agreement. If the tenant's agreement with the owner has terminated, the subtenant has the right to conclude a lease agreement with the owner of this premises on the same terms until the end of the sublease agreement.
2. Any lease/sublease agreement concluded for a period of more than 12 months must be registered with the authorized government agencies.
3. The rights and responsibilities of the tenant include: provision of premises to the subtenant within the agreed period and on certain conditions, and to exercise control over the use of the premises for the appropriate purpose.
4. The rights and obligations of the subtenant include: timely payment of rent, performance of repair work (by agreement), maintenance of the premises in order and use exclusively for its intended purpose.
5. The fact of transfer of premises by the tenant to the subtenant is recorded in the transfer deed.
6. Any violation of contractual obligations gives each party the right to terminate the sublease agreement before the end of its validity period in court.

Renting municipal non-residential property

Rent of non-residential premises, which are the property of the municipality, is one of the most common forms of civil law relations. At the same time, the transfer of municipal property under the terms of a lease agreement can significantly replenish the local budget and, accordingly, is of great importance for economic development regional territory.

The most common are transactions to conclude a lease agreement for municipal real estate, in particular, land plots, buildings, individual premises. Less common are cases of leasing existing municipal enterprises. For tenants of municipal non-residential premises, the moderate cost of rent, its stability, and the transparency of the bidding on the basis of which the rental of municipal properties takes place are very important. Accordingly, these factors influence the fact that municipal real estate is more willingly rented by entrepreneurs than private property.

It is true that it is worth noting that sometimes the unsatisfactory condition of municipal premises is a serious problem for the landlord, because, in addition to natural routine repairs, tenants have to invest in more significant work to restore the roof, facades, engineering and communication systems, and this, accordingly, is already capital attachments. In order to somehow interest tenants, municipalities offer various incentive systems: for example, increasing the duration of the lease agreement taking into account the work performed, reimbursement of costs incurred upon termination of the lease agreement, exemption from rent as a percentage of the estimated cost of repair work performed, and others .

Both individuals and legal entities, as well as citizens of foreign countries, can enter into a lease agreement for municipal non-residential property. In accordance with Art. 17 Federal Law “On the Protection of Competition”, since July 2008, all lease agreements for municipal property are concluded based on the results of tenders, auctions or competitions with the participation of everyone. In accordance with Art. 447-449 of the Civil Code of the Russian Federation, each municipality develops its own Regulations on the conduct of auctions, which contain the rules and procedures, conditions for participants, the procedure for determining the winner and recording the results.

Important! A lease agreement for municipal property that was concluded without holding appropriate auctions is considered invalid.

Municipal ownership of land

requires the presence of a cadastral passport for the property. Accordingly, if the land is not registered in the cadastral register, the potential tenant must collect a package of documents for it and initially register it with the cadastral register, then submit an application for an auction giving the right to lease this municipal property. In the case of sole participation in the auction, it is considered valid and gives the tenant the right to conclude a direct contract.

The rental agreement for municipal premises is concluded by signing an agreement by two parties. The contract must contain complete information about the property, its cadastral number, area and location address.

To submit an application for bidding and a contract you will need:

• passport of the future tenant;
• state certificate of registration of a legal entity or individual entrepreneur;
• application form from the lessor indicating the purpose and duration of the lease.

Important! A lease agreement for a municipal non-residential property can be concluded for a period of 1 to 5 years. For failure to comply with one of the terms of the lease agreement, the lessor has the right to terminate the agreement unilaterally.

If a lease agreement for municipal property is concluded for a period of more than 12 months, the tenant must submit information to the Federal Office of the State Registration Center to enter information about the lease into the unified state register.

If a lease agreement for municipal property is concluded for a period of 3 years or more, the tenant acquires the pre-emptive right to purchase the leased premises into private ownership.

Many people have various non-residential properties that are not used for any purpose. The best option is to rent them out, since under such conditions a constant and high income is ensured. To do this, the landlord can act as an individual, individual entrepreneur or business owner. The procedure for leasing non-residential premises must be carried out competently, for which official contracts are drawn up with tenants. The need to pay taxes on income received is taken into account.

Rules for providing objects for rent

Many property owners use this type of activity. Renting non-residential premises allows you to receive high passive income. In this case, the lessor may be:

• an individual who is the direct owner of the property, therefore he must have official documents for this property;
• An individual entrepreneur specially registered with the Federal Tax Service to conduct this activity, and usually entrepreneurs choose the simplified tax system, PSN or UTII to pay taxes, since through the use of simplified regimes it will not be difficult to calculate and pay tax, as well as submit a declaration;
• a company represented by a legal entity, and enterprises, like individual entrepreneurs, can use simplified systems for calculating tax.

When drawing up a contract, any of the above owners take into account various nuances. If the rental of non-residential premises is carried out without official registration and registration of income with the Federal Tax Service, then this is an illegal activity for which the owners of the premises are held accountable.

Rules for renting out objects by individuals

Private citizens can own different real estate properties. They are used for different purposes, such as:

• creation of an office;
• warehouse organization;
• formation of a production enterprise;
• creation of stores.

A citizen can act as a party to a lease agreement. People must be the direct owners of objects, therefore they are required to have the appropriate title documents and an extract from the Unified State Register of Real Estate. The specifics of leasing non-residential premises by an individual include the following:

• citizens must make an entry in advance in Rosreestr that the existing premises are a non-residential property, and technical and cadastral parameters must additionally be indicated;
• if the premises are not registered in the cadastral register or are unregistered, then it is not permitted to officially transfer it for use by other persons;
• handing over an object for use to companies or other citizens is a property transaction, therefore a civil contract must be concluded with the owner;
• In order for the documentation to be formalized officially and correctly, the agreement is drawn up exclusively in writing, after which it is certified by a notary and registered with Rosreestr.

Often an agreement is drawn up for a period not exceeding one year. Under such conditions, there is no need to register the document with Rosreestr.

What documents are required from an individual to conclude a transaction?

If non-residential premises are leased by an individual, the citizen must prepare certain documentation in advance. This includes the following papers:

• passport of the citizen who is the owner of the premises;
• certificate of ownership, which can be replaced new statement from the Unified State Register of Real Estate, where the direct owner of the object is indicated;
• technical certificate;
• other technical documents issued to the owner by BTI employees;
• an extract from Rosreestr confirming that the property does not have any encumbrances represented by arrest, pledge or other restrictions.

It is allowed to attract a representative to participate in the transaction, but he must have a notarized power of attorney.

Are taxes paid by individuals?

Quite often, citizens who own real estate use this type of activity to earn money. Renting out non-residential premises brings people quite a significant passive income.

If the agreement is registered in Rosreestr, then information from this institution is sent to the nearest branch of the Federal Tax Service to record the income of citizens. Therefore, renting physical persons of non-residential premises require the calculation and payment of income tax.

To do this, you must annually submit a 3-NDFL declaration to the Federal Tax Service, which indicates all the citizen’s income from renting out the property. Additionally, this document provides the correct amount of personal income tax. Therefore, you will have to pay 13% on the amounts received. Due to such a high tax burden, citizens often prefer to register an individual entrepreneur or open a company in order to significantly reduce the amount of tax, since when using simplified regimes, the tax amount can be reduced to 6% of all income.

Nuances for individual entrepreneurs

Many citizens who are owners of real estate that they prefer to rent out specifically open individual entrepreneurs for these purposes. In this case, they can use simplified regimes when calculating the amount of tax. Leasing of non-residential premises to individual entrepreneurs takes into account the following nuances:

• the conclusion of a contract with tenants must be recorded in an official agreement, which specifies the duration of the contract, the features of the property, the cost of rent and other important features;
• if the validity period of the agreement exceeds a year, then the contract is registered in Rosreestr;
• IP taxes will certainly be paid for the income received, for which the entrepreneur can choose the patent system, simplified tax system or UTII;
• The direct transfer of funds must be recorded, for which receipts are drawn up, but most often money is transferred to a current account, so you can prove the receipt of money using bank statements.

Through the use of simplified tax systems, citizens can avoid paying significant taxes. Most often, when renting out non-residential premises, individual entrepreneurs choose UTII, since when using this tax the same amount is paid quarterly. The tax in this case depends on the size of the premises, so it is not affected by the rental price.

The lease of non-residential premises to individual entrepreneurs must be officially carried out. Taxation depends on the chosen regime, but it is important not only to correctly calculate and pay taxes on time, but also to prepare declarations necessary for employees of the Federal Tax Service.

What documents are required from individual entrepreneurs?

If the owner of non-residential real estate is an entrepreneur, then the following documents must be prepared to draw up a contract with the tenant:

• certificate of registration and registration;
• citizen's passport;
• title documents for the property;
• technical papers for the facility.

A correctly drawn up agreement must be submitted to the Federal Tax Service along with the declaration, since it confirms the conduct of a specific activity.

Specifics of renting out premises by companies

Often, various non-residential properties are owned not by individuals, but by enterprises. Firms often decide to rent out non-residential premises. The procedure in this case has the following features:

• the company may not be the owner of the object, as it can act as an intermediary;
• a civil contract is drawn up with the tenants, to which various documentation from the company is attached;
• The organization must pay tax on the income received, calculated on the basis of the applicable tax regime, and companies can combine several systems at once to save money on fees.

If the company is not the direct owner of the property, then it can sublease it. Under such conditions, it is required to obtain permission for this activity from the owner.

What documents are required from the company?

If the lessor is a company, then to draw up an agreement the company must prepare the following documentation:

• certificate from the Unified State Register of Legal Entities;
• constituent documentation of the enterprise;
• title papers for the property, confirming that the company actually has the rights to rent out this premises;
• if an object is subleased, the company must have permission from the owner for such activities;
• the founder, who is the owner of the business, can issue a power of attorney for his employee, as a result of which he has the appropriate authority to carry out the transaction.

Most often, companies with significant areas rent them out, since they do not use them themselves for any purposes. Renting out non-residential premises provides significant passive income, which is why many companies resort to this method of earning money. When drawing up an agreement with a company, you should definitely register it with Rosreestr.

Leasing of objects by the municipality

The administration of any city owns many different real estate properties, which can be residential or non-residential. In this case, the city authorities may decide on the need to rent out these facilities to direct users. Funds received from such activities will be directed to the local budget.

Under such conditions, it is necessary to follow the correct order of delivery of objects. For this, the following nuances are taken into account:

• to determine the tenant, official tenders are certainly held;
• a lease agreement is concluded with the bidder who offers the highest rent;
• the bidding is held in the form of an auction, and individuals, individual entrepreneurs or organizations can take part in it;
• To participate in the auction, you must submit a special application on the regional administration website;
• only after registration all participants are invited to the auction;
• a deposit, represented by an entrance fee, is paid by all applicants, and it is usually equal to 10% of the cost of the object;
• the rental price is calculated based on the cadastral price of the property;
• If only one applicant submits an application, then no bidding will be held, so the applicant issues a lease without an auction.

The administration may provide the opportunity to sign a contract for a long period exceeding 10 years.

Rules for drawing up a contract

Regardless of who the landlord is, it is important to draft the lease agreement correctly. It is with its help that the proper execution of a property transaction is carried out. The lease agreement for non-residential premises must contain the following information:

• the place and date of its compilation is indicated;
• the parties involved in the transaction are specified;
• if the participants are individuals, then their full name, date of birth and information from their passports are entered;
• if the tenant or lessor is a company, then its details are indicated;
• the technical features of the property are specified, as well as the address of its location;
• lists the conditions on the basis of which the property can be used;
• the rental period and cost are indicated;
• it is allowed to include a clause on the basis of which in the future the tenant will have the opportunity to purchase the property;
• the rights and obligations of each participant in the transaction are given;
• the responsibility of the parties is indicated, since if they violate the terms of the agreement for various reasons, then different sanctions or other measures of influence will be applied to them;
• the conditions on the basis of which the contract can be terminated early are provided;
• situations when you will have to go to court to resolve various conflict issues are listed;
• various force majeure circumstances are included under which the parties to the transaction must behave in a specific way.

This documentation does not need to be certified by a notary. This official document regulates the procedure for leasing residential and non-residential premises. The documentation is drawn up in three copies, since one remains with the landlord, the second is given to the tenant, and the third is used for registration with Rosreestr. The agreement comes into force only after registration. Prolongation of the contract is allowed if there is an agreement between the parties. A sample agreement is presented below.

Rules for drawing up a transfer and acceptance certificate

As soon as an agreement is drawn up on the basis of which non-residential premises are leased by an individual entrepreneur, individual or company, it is required to transfer the object to the tenant.

The transfer is carried out directly within the terms specified in the contract. For this purpose, it is advisable to draw up a transfer and acceptance certificate. A document is drawn up in the presence of third parties confirming that the parties to the transaction are in good faith and capable.

The document lists all the parameters of the existing real estate, which include:

• condition of floor and wall coverings;
• availability of plumbing fixtures;
• location and technical features of communications.

If there is furniture in the room, you should list it and also indicate what condition it is in.

What tax regimes are used by the lessor?

Property owners who rent out real estate receive a certain income from this process, on which they are required to pay tax. Individuals pay 13% on all income. Due to such a high tax burden, landlords prefer to open an individual entrepreneur or a company. Different tax regimes can be selected for calculations:

• USN. Under this regime, 6% of all cash receipts or 15% of net profit is paid. Local authorities may increase rates for office or retail real estate. The tax base is income for the year of work or profit from activities. Some regions are introducing incentives for small businesses. Additionally, due to tax transfers, the amount paid by entrepreneurs for themselves to the Pension Fund and other funds is reduced.
• Patent for leasing non-residential premises. This taxation system is considered the most beneficial for many entrepreneurs. Only IP patents can be used. Renting non-residential premises under such conditions does not require the preparation and submission of various reports to the Federal Tax Service. Therefore, it is only necessary to initially purchase a patent at the optimal cost for a specific period of time. Can be purchased at different periods IP patent. Leasing non-residential premises using this mode is considered a profitable process.
• BASIC. This system is rarely chosen for renting out properties, since one has to pay a large number of taxes and deal with accounting. Typically, this mode is used by companies that do not want to combine several systems.
• UTII. Renting non-residential premises under this regime is usually chosen only if there is a small-sized property. If the premises have a significant area, then it is more advisable to choose a simplified tax system or a patent. When calculating UTII, it is taken into account physical indicator, represented by the area of ​​the property. Therefore, it is optimal to choose this mode if the size of the object does not exceed 30 square meters. m.

The choice of a specific system depends on the direct tenants. Some companies and individual entrepreneurs prefer to combine several regimes, which provides an opportunity to reduce the tax burden.

Conclusion

Renting out various non-residential premises is considered a profitable process. It can be carried out by individuals, individual entrepreneurs or companies. Firms may not be the owners of the objects at all, so they act only as intermediaries.

The procedure for providing real estate for rent requires proper execution of the transaction, for which an official agreement must be drawn up between the participants and registered with Rosreestr.

Where can I rent commercial non-residential premises or a warehouse? How to rent retail space for a store? How to rent out commercial real estate correctly?

Hello everyone who visited the site popular internet HeatherBeaver magazine! We have an expert with you - Denis Kuderin.

The topic of today's conversation is commercial real estate rental. The article will be useful to businessmen, owners of non-residential premises and all those who are interested in current financial issues.

At the end of the article you will find an overview of the most reliable Russian real estate companies that provide intermediary services in leasing commercial properties.

So let's begin!

1. Why rent commercial real estate?

Successful business activity largely depends on the well-chosen premises for doing business. This is especially true for trade and the service sector. A cozy, well-equipped store in a busy part of the city attracts customers in itself.

The same can be said about offices. Every self-respecting company should have good premises for work and receiving visitors. Even if you sell goods through an online store, you need a place to complete and issue orders, as well as resolve disputes with customers.

Not every businessman, especially a beginner, can afford to purchase non-residential premises. In such cases, renting commercial real estate comes to the rescue.

We list all the advantages of renting:

• relatively low financial costs;
• a simpler documentation procedure compared to purchasing;
• the ability to change the landlord and move to another building at any time;
• a large selection of real estate, especially in big cities.

The reverse process - renting out premises - also has many advantages. First of all, this reliable source passive income. Acquiring ownership of commercial space (retail, office, industrial and others) is a good investment option.

As long as private business exists, its representatives will constantly need premises to conduct business, which means that property owners will have a stable profit without much labor.

Finding suitable premises for a business is a troublesome undertaking. The fastest and most reliable way to find an object is to use the services of professional intermediaries.

There is a detailed article on our website about how modern ones work.

2. How to rent commercial real estate - 5 useful tips

When renting commercial properties, you need to be as careful as possible in choosing them. From parameters and functional characteristics premises depends on how soon you can start a business activity, and whether the object will fully meet the goals of your business.

First, decide how you will search suitable premises– independently or with the help of an agency. The first method assumes the presence of an unlimited supply of free time and is associated with various risks. The second option is safer and more reliable.

You will find additional information on the topic of working with intermediaries in the article “”.

Expert advice will help you avoid common tenant mistakes.

Tip 1. Carefully study the hood and ventilation systems

You or your employees will be working in the room, so the presence of working ventilation systems is the most important point. The lack of powerful and autonomous ventilation in the building is a real obstacle to normal operation cafe, restaurant, grocery store.

Food products must be stored in appropriate conditions, and visitors and sellers should not be disturbed by foreign odors. Moreover, sanitary services simply will not allow you to use the facility as a catering establishment or grocery store if it only has general ventilation.

Tip 2: Focus on loading and unloading areas

A convenient area for loading and unloading goods is another key moment for owners of cafes, restaurants, canteens and shops.

It is important that the area where loading and unloading operations will be carried out does not overlook the courtyard of a residential building or the roadway. If you disturb residents or motorists, you will be tormented with complaints.

The issue of adequate power supply is especially relevant for tenants whose business involves the use of energy-consuming equipment - refrigerators, electric ovens, machine tools, etc.

Make sure that the electrical cables in the room are capacious enough to fully meet the needs of the enterprise.

Tip 4. Read the terms of the contract carefully

Before signing your signature on the lease agreement, carefully read the terms and conditions under which you are entering into a deal.

The contract must contain the following points:

• rental terms, cost and method of payment;
• if the premises are rented with equipment, then an inventory of the property must be drawn up;
• liability of the parties for violation of the contract;
• terms of termination of the agreement.

Expenses for utility bills, garbage removal, maintenance of the fire protection system and security alarm are usually borne by the tenant. However, the landlord pays for major repairs, if necessary, including replacement of plumbing communications and electrical wiring if they fail.

Discuss in advance with the landlord the issue of property insurance - whether such an agreement will be drawn up, and if not, decide who will pay for losses in the event of unforeseen situations.

It is imperative to check the owner’s title documents – the purchase and sale agreement, an extract from the State Register on the right of ownership.

Make sure that the premises actually belong to the person who is renting it to you. Otherwise, one day the real owner of the object will appear with the appropriate powers. It is also important that the premises are not mortgaged, have not been seized for debts, or have other encumbrances.

A person who is far from the intricacies of housing law should take advantage of professional help when renting or purchasing non-residential premises. For example, you can clarify for yourself all the unclear points on the Pravoved website, a resource where specialists from all areas of jurisprudence work.

You can ask your question even without registering, right on the main page. You will receive a legally correct and competent answer in just a few minutes, and completely free of charge. If your problem requires in-depth study, you will need to pay for the services of professionals, but you have the right to set the amount of the fee yourself.

Step 2. Determine the amount of rent

To find out the optimal rental price, use one of two options. The first is to personally review your city’s databases and determine the approximate price range for renting similar premises. Second, delegate this task to a realtor.

By the way, in addition to real estate agencies, private brokers provide intermediary services. They typically charge 25-50% less for their work than companies. However, there are only a few private specialists working with non-residential real estate, even in large cities.

5. If you rent out commercial real estate - 3 main risks for the landlord

Every landlord is concerned about the condition of his property and wants to make a profit from rent, not losses.

We will list the main risks for commercial property owners and show you how to avoid them.

Risk 1. Use of the premises for other purposes

Each well-drafted lease agreement specifies for what purpose and how the leased premises will be used. This also applies to equipment that you rent out along with your rental.

If the tenant promised to use the premises as a warehouse, but set up a store in it retail, you have the right to fine him or terminate the agreement without returning the rental price.

Risk 2. Damage or loss of property

You handed over the facility and equipment to what you thought was a respectable citizen, but he, to use diplomatic language, did not live up to your expectations. Namely, he brought the premises to a state of ruin, broke the equipment, unscrewed the light bulbs and generally behaved like a pig.

In such cases, the owner has the right to demand compensation for damage in full. Moreover, not only repair costs must be reimbursed, but also the market value of the damaged equipment.

Liability is not provided if the object and property were damaged as a result of unforeseen circumstances - for example, a fire or flood.

Risk 3. Tenant’s refusal to pay monthly rent

Sloppy payers should be punished with rubles. However, this is possible, again, if the lease agreement is drawn up according to all the rules. That is, the document must clearly stipulate the terms and amount of monthly payments.

6. If you rent commercial real estate - 3 main risks for the tenant

The tenant may also suffer as a result of illegal or unauthorized actions of the landlord.

Risk 1. Renting premises to which the “lessor” has no legal rights

If the premises are rented to you by a person who does not have the legal rights of the owner to the property, the contract will be considered invalid. To avoid this, require the presentation of title documents.

You can independently obtain an extract from Rosreestr by contacting the Multifunctional Center. The service is paid, but you will know for sure “who’s boss.”

Risk 2. Changing the locks on the premises immediately after making an advance payment

Yes, such situations still occur in nature. You sign an agreement, make an advance payment, receive the keys from hand to hand, and when you want to move into the premises with your property, it turns out that the locks have been changed, and there is no trace of the “owners”.

There is only one way out in such a situation - to contact the police and initiate a criminal case on the fact of fraud.

Risk 3. Sublease

The best way to explain this is with a simple example.

Example

The tenant Andrey, an aspiring entrepreneur, rented space for a store for a year, paying six months in advance. At the same time, the businessman did not check the title documents, relying on the honesty of the lessor.

After a month of successful trading, the real owner showed up in the store with a full set of original documents. He politely asked the tenant to move out of the occupied space. Andrey tried to find a subtenant in order to at least get his money paid in advance back, but the enterprising intermediary never responded to either calls or SMS.

Bottom line: Deal directly with the owner. At the very least, he should be aware of all the manipulations that occur with his property.

7. Professional assistance for tenants and landlords - review of TOP-3 real estate agencies

Finding a qualified intermediary is a difficult task. To help readers, we have compiled a review of the most reliable companies Russia, working with commercial real estate.

1) Agency.net

Real estate management agency. Will help landlords and tenants rent and rent: office, retail space, workshop, warehouse, mansion and any other commercial real estate. The company employs only experienced and qualified lawyers and realtors.

A significant advantage of the company is its professional approach, the presence of a detailed website, and the development of an individual strategy for each client of the office. There are no real estate services that the company’s specialists cannot provide to users.

Commercial real estate in Moscow and the region is the main specialization of the company. Respect has been operating on the market since 2004. The agency's initial goal was to provide clients with the widest range of services related to the rental, purchase and sale of real estate.

The company has several representative offices in the capital. In his work he uses advanced information technologies and software own development. Has one of the most extensive databases in Moscow.

The website has an open online catalog of real estate properties. Guarantees legal support to clients and advises on all issues related to real estate.

The agency has been working in the Moscow real estate market for more than 10 years. Commercial properties are the main profile of the company. Assists in the rental, sale and purchase of offices, retail outlets, warehouses, industrial premises, large industrial real estate objects.

Rentalcom employees are well versed in legal and financial aspects transactions and successfully apply their knowledge in practice. Other advantages of cooperation with the agency are efficiency, low tariffs, and our own database, which includes non-residential properties in Moscow and the Moscow region.

8. Conclusion

Let's summarize. Renting commercial real estate is a profitable and often necessary business for property or business owners.

In such operations, it is advisable to seek help from professional intermediaries - they will save your time and help you find the most profitable options.

We wish our readers success in any real estate transactions! We will be glad if you rate and comment on the article. See you again! To rent an apartment - step-by-step instruction how to rent an apartment without intermediaries for a long term + 4 useful tips on how to avoid becoming a victim of scammers