Sublease agreement for non-residential premises between a legal entity and an individual. Office sublease agreement sample form
1. GENERAL PROVISIONS
1.1. The Tenant undertakes to provide the Subtenant with temporary possession and use of the non-residential premises specified in clause 1.2 of the Agreement (hereinafter referred to as the Object), and the Subtenant undertakes to accept the Object for sublease and pay rent for it. The consent of the lessor, who is the owner of the Property, to sublease the Property by the Tenant was received and presented to the Subtenant before the signing of the Agreement by the parties.
1.2. The object has the following characteristics:
- property: part of a non-residential premises with a total area of sq.m., located at the address: ;
- cadastral number ;
- purpose: non-residential;
- Object area sq.m.
- The facility is provided with electricity, allocated power consumption up to kVA.
1.3. The actual transfer of the Object is carried out according to the Transfer and Acceptance Certificate (Appendix No. 1), which is an integral part of the Agreement.
1.4. At the time of conclusion of the Agreement, the Property is not encumbered by a pledge or other rights of third parties, except those known to the Subtenant. The Subtenant is aware of all restrictions (encumbrances) of the Property.
1.5. The object is subleased for use in the commercial activities of the Sublessee, hereinafter referred to as “Permitted Use”.
2. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. The tenant is obliged:
2.1.1. Transfer the Object to the Subtenant within days from the date of signing the Agreement according to the Transfer and Acceptance Certificate (Appendix No. 1), which is signed by the Parties and is an integral part of the Agreement.
2.1.2. Ensure the Subtenant's unhindered use of the Property, as well as unimpeded access to the Property along roads passing through the Tenant's lands.
2.1.3. Accept the Object from the Sublessee under the Transfer and Acceptance Certificate within days from the date of termination of the Agreement.
2.2. The subtenant is obliged:
2.2.1. Accept the Object from the Tenant within days from the date of signing the Agreement according to the Transfer and Acceptance Certificate, which is an integral part of the Agreement (Appendix No. 1).
2.2.2. Timely and fully pay the Tenant the rent, as well as other payments established by the Agreement and subsequent amendments to it.
2.2.3. Use energy resources rationally and economically.
2.2.4. Do not carry out any work related to changes at the Facility without the written consent of the Tenant appearance Object, work affecting the soil cover, laying utility lines, construction of buildings and structures. To obtain approval, submit for consideration to the Tenant: projects for the reconstruction or construction of utilities, buildings, structures; estimate; work plan; project for reclamation of disturbed lands. If the Tenant discovers unapproved changes in the appearance of the Property, unauthorized buildings, alterations or laying of utility networks, changes soil cover, they must be liquidated by the Subtenant, and the Object restored to its previous form at the expense of the Subtenant within the period determined by the unilateral order of the Tenant.
2.2.5. Participate in the maintenance and restoration of roads to the Facility in a share corresponding to the frequency of use and load of vehicles of the Subtenant, its clients (partners) and the area of the occupied Facility.
2.2.6. When carrying out commercial activities at the Facility, comply with the rules and regulations of its operation (use), as well as generally accepted norms of business turnover and business ethics.
2.2.7. Ensure the safety of engineering networks and communications located at the Facility, taking into account their normal wear and tear.
2.2.8. The activities specified in clause 1.5 must be coordinated with inspection and control authorities and other organizations performing supervisory functions, including in the area of activity of the Subtenant.
2.2.9. Comply with the requirements of the legislation in the field of the Subtenant's activities at the Facility, bear all costs associated with this and bear full responsibility for compliance with technical, fire, environmental and sanitary standards and regulations, as well as comply with the instructions of regulatory authorities caused by the actions (inaction) of the Subtenant. Ensure safe operation of electrical equipment at the Facility in accordance with the requirements of the current legislation of the Russian Federation. If the Tenant is held liable due to the fault of the Subtenant, the latter is obliged to reimburse the Tenant for expenses incurred.
2.2.10. Ensure that the Subtenant's employees, as well as persons temporarily visiting the Facility, comply with the Tenant's In-Facility, Access and Security Regulations, which are annex to this agreement (Appendix No. 3).
2.2.11. Maintain the Facility in proper sanitary, environmental and fire safety condition. Do not litter the Facility and the territory adjacent to the rented Facility with household and/or industrial waste, garbage. The Parties have established the Subtenant's area of responsibility for maintaining cleanliness and order within the rented Property and 5 (five) meters from the perimeter boundaries. To comply with fire safety requirements, install containers at the Facility for collecting production and consumption waste. If the Tenant discovers violations of the terms of this paragraph, the Tenant calls a representative of the Subtenant to draw up an inspection report. If the representative fails to appear, the act is drawn up unilaterally. Based on the results of the inspection, the Tenant issues an order to the Subtenant indicating the deadline for eliminating the violations.
2.2.12. Notify the Tenant in writing one month in advance about the vacancy of the rented Object due to the expiration of the Agreement, or upon its early termination.
2.2.13. Immediately notify the Tenant of any damage, accident or other event that has caused (or threatens to cause) damage to the Property and promptly take all possible measures to prevent the threat of destruction or damage to the Property.
2.2.14. Do not enter into agreements or enter into transactions that may result in any encumbrance or alienation of the Property without the written permission of the Tenant.
2.2.15. Provide representatives of the Tenant, as well as representatives of service and monitoring organizations, with unhindered access to the Facility to inspect it and verify compliance with the terms of the Agreement.
2.2.16. Use the Property for the Permitted Use.
2.2.17. Conclude an agreement for the removal of production and consumption waste (at the expense of the Subtenant), a copy of which must be provided to the Tenant within one month from the date of entry into force of this agreement. In case of failure to comply with the requirements of this paragraph, the Tenant has the right to collect a fine from the Subtenant in the amount of the monthly rent.
2.2.18. Transfer the Object to the Tenant according to the acceptance certificate within days from the date of termination of the Agreement.
2.3. The tenant has the right:
2.3.1. Inspect the Property at any time in agreement with the Sublessor.
2.3.2. Demand the elimination of violations committed by the Subtenant regarding the use of the Facility in accordance with the terms of the Agreement.
2.4. The subtenant has the right:
2.4.1. Make separable improvements to the Property in agreement with the Lessor.
2.4.2. Demand the elimination of violations of the terms of this Agreement committed by the Tenant.
3. PAYMENTS UNDER THE AGREEMENT
3.1. Rent is accrued from the moment the Parties sign the Acceptance and Transfer Certificate of the Object until the actual return of the Object by the Subtenant under the Acceptance and Transfer Certificate.
3.1.1. The rent is established for the Facility with the utility networks, equipment and communications located on it (in it) as a whole, in the form of fixed monthly payments. The amount of rent is calculated based on the land tax existing at the time of conclusion of the Agreement and if this tax increases, the rent is subject to a proportionate increase in an indisputable manner.
3.2. The total rent for one month is rubles, including VAT - 18%.
3.3. The subtenant is obliged to pay rent payments no later than the date of the paid month in cash and/or by bank transfer. In the absence of an invoice issued by the Tenant, the Subtenant calculates the payment amount independently.
3.4. Payment of rent for the first and last months of the Agreement is made within days after signing the Transfer and Acceptance Certificate (Appendix No. 1).
3.5. Payment for services provided by the Tenant at the request of the Subtenant (territory cleaning, road clearing, garbage removal) is made on the basis of invoices issued by the Tenant within banking days from the date of invoice. In case of non-payment of the invoice on time, the application is liquidated.
4. RESPONSIBILITY OF THE PARTIES
4.1. A party that fails to fulfill or improperly fulfills its obligations under the Agreement bears liability under the current legislation of the Russian Federation.
4.2. For violation of the terms specified in clause 3.3, clause 3.4 of the Agreement, the Tenant has the right to collect from the Subtenant a penalty in the amount of % of the amount of the overdue payment for each day of late payment.
4.3. In case of violation of the period specified in clause 3.3 of the Agreement, the Tenant has the right to collect from the Subtenant a fine in the amount of % of the amount of the monthly rent provided for in this agreement.
4.4. For violation of the deadline specified in clause 2.1.1 of the Agreement, the Subtenant has the right to collect from the Tenant a penalty in the amount of % of the monthly rent for each day of delay in the transfer of the Object.
4.5. For violation of the deadline established by clause 2.2.18 of the Agreement, the Tenant has the right to collect from the Subtenant a penalty in the amount of % of the monthly rent for each day of delay in the transfer of the Object.
4.6. Payment of penalties and interest does not relieve the parties from fulfilling their obligations in kind.
4.7. If the Subtenant violates the terms specified in clause 3.3, clause 3.4 of the Agreement, the Tenant has the right to suspend the Subtenant's access to the Facility until the latter repays the outstanding payments and pays the penalty.
4.8. Responsible for ensuring fire safety is the head of the Subtenant or another person appointed by the head of the Subtenant, who bears administrative and criminal liability for violation of fire safety rules.
4.9. In case of violation of the conditions specified in clause 2.2.11 of this Agreement, the Tenant has the right to collect from the Subtenant a fine in the amount of rubles for each violation.
4.10. If the Sublessee fails to comply with the Lessee's instructions issued in accordance with clause 2.2.11 of the Agreement, the Lessee has the right to eliminate the violations on its own, with subsequent reimbursement by the Sublessee of the costs incurred by the Lessee, based on rubles per square meter.
5. DURATION OF THE AGREEMENT
5.1. The agreement comes into force from the moment of its signing.
5.2. The contract is concluded for months.
6. FORCE MAJEURE CIRCUMSTANCES
6.1. The parties are released from liability for partial or complete failure to fulfill obligations under the Agreement if this failure was a consequence of force majeure circumstances that arose after the conclusion of the Agreement as a result of extraordinary events that the parties could neither foresee nor prevent by reasonable measures. Changes in market conditions, as well as other economic factors (with the exception of blockades and embargoes) do not apply to such events.
6.2. Upon the occurrence and termination of the circumstances specified in clause 6.1 of the Agreement, the party under the Agreement for whom it is impossible to fulfill its obligations under the Agreement must immediately notify the other party in writing.
6.3. If force majeure circumstances continue to operate for more than days in a row, the Parties conduct negotiations in order to identify acceptable alternative ways of fulfilling the Agreement and reach an appropriate agreement.
7. TERMINATION OF THE AGREEMENT
7.1. The Agreement may be amended or terminated at any time by agreement of the Parties.
7.2. The Tenant has the right to unilaterally terminate the Agreement out of court in the following cases:
7.2.1. The Subtenant uses the Property in violation of the terms of the Agreement.
7.2.2. The Subtenant worsens the condition of the Property.
7.2.3. The sublessee once violates the deadlines for making payments provided for in this agreement in full for a period of more than calendar days, or twice within one calendar year makes payments stipulated by the Agreement not in full.
7.2.4. The subtenant fails to comply with the terms of clause 2.2.1 of the Agreement within the prescribed period. In cases of unilateral out-of-court termination of the contract specified in clauses. 7.2.1-7.2.4 of this paragraph, the Agreement is considered terminated from the moment the Subtenant receives the relevant notice from the Tenant about termination of the Agreement. The moment of receipt by the Sublessee of such notice is determined no later than days from the date of its sending by registered mail to the address specified in the Agreement.
7.3. The Agreement may be terminated by the Subtenant unilaterally out of court:
7.3.1. If the Object, before its transfer, turns out to be in a condition unsuitable for use for its intended purpose established by the Agreement;
7.3.2. The Tenant violates the obligations provided for in clause 2.1.1 of the Agreement for more than one month in a row.
7.4. The contract may be terminated by the parties unilaterally out of court (clause 3 of Article 450 of the Civil Code of the Russian Federation) in the absence of guilty actions of the other party with a warning about this to the other Party no less than calendar days in advance.
7.5. If the Subtenant violates the terms of transfer of the Object after termination of the Agreement, the commission appointed by order general director The Tenant accepts the Object independently and draws up an act of acceptance and transfer of the Object. In this case, the Tenant is not responsible for the Subtenant's property located at the Facility.
8. FINAL PROVISIONS
8.1. On all issues not regulated by the Agreement, the parties are guided by the current legislation of the Russian Federation.
8.2. All disputes that may arise from or in connection with the Agreement must be resolved, first of all, through negotiations. If the Parties do not reach an agreement, disputes will be resolved in the Arbitration Court of the city.
8.3. This agreement is drawn up and signed in two copies having equal legal force, one for each party.
8.4. Any changes and additions to the Agreement are valid only if they are in writing, signed by authorized representatives and certified by the seals of both parties.
8.5. All notices under the Agreement are drawn up properly and sent to the address specified in the Agreement.
8.6. The parties are obliged to maintain confidentiality with respect to information that has become known to them as a result of the conclusion and execution of the contract. The confidentiality conditions do not apply to information that cannot be classified as a trade secret and is also intended by its nature for use by third parties.
Agreement
sublease of non-residential premises
Moscow "___"_________ 20__
LLC "___________", hereinafter referred to as the "Tenant", represented by director _______________, acting on the basis of the Charter, on the one hand, and LLC "___________", hereinafter referred to as the "Subtenant", represented by director _________________, acting on the basis of the Charter, on the other hand the other parties have entered into this sublease agreement for the premises as follows:
1. The Subject of the Agreement
1.1. The Tenant, with the prior written consent of the Landlord, LLC “___________” rents out for a fee stipulated by the Parties to the Agreement, and the Subtenant accepts for sublease non-residential premises with an area of ____ sq. m. meters, located at the address: _______, st. __________________, house __, building No. _, room. No. __, hereinafter referred to as the “Premises”, for use for the purposes of ___________________________________.
The room in accordance with the attached plan is indicated for identification purposes with a red frame. The explication and floor plan of the technical passport ___________ are appendices and integral parts of this agreement.
1.2. This agreement is concluded with the consent of the Lessor _________________, who is the owner of the specified non-residential premises (Certificate of state registration of rights ________ No. _________ dated ____________, entry in the register dated _______________ No. ________________), which is confirmed by the lease agreement No. _____ dated ____________.
1.3. The tenant guarantees that the premises are not under arrest or prohibition and are not encumbered by any other rights of third parties that impede the fulfillment of obligations under this agreement.
1.4. The sublease agreement for non-residential premises is considered concluded from the moment it is signed by the Parties and is valid for 364 days.
1.5. Early termination of the contract is possible by agreement of the parties in the manner established by the current legislation of the Russian Federation.
1.6. At the request of the Tenant, the contract may be terminated early by the court in cases where the Subtenant:
— significantly deteriorates the leased non-residential premises;
- fails to pay rent more than two times in a row after the expiration of the payment period established by the contract.
1.7. The subtenant has the right to withdraw from this agreement, subject to the fulfillment of all its obligations under this agreement, having notified the Tenant at least 30 calendar days in advance.
2. Rent
2.1. By agreement of the Parties, the monthly payment under the sublease agreement for non-residential premises is the amount of _______ (______________) rubles __ kopecks, including VAT. The amount of VAT is determined in accordance with current legislation. All utilities are included in the monthly payment.
2.2. The rent may be revised at the request of one of the Parties, but not more than once a year, and the Party that initiated the rent revision must notify the other Party about this __ by sending a written notice to the other Party.
2.3. The Parties agreed that the payment of all taxes, payments and fees provided for by the legal acts of the Russian Federation falls under the exclusive responsibility of the Party to which such payment is imposed by law.
3. Rights and obligations of the parties
3.1. The tenant has the right:
3.1.1. control the intended use, correct operation and technical condition of the leased real estate;
3.1.2. send monthly reports of services rendered under the Agreement to the Subtenant for signing;
3.1.3. for compensation for losses associated with the failure or improper fulfillment by the Sublessee of its obligations under this agreement.
3.2. The subtenant has the right:
3.2.1. make, with the prior written consent of the Tenant, improvements that do not violate legal requirements Russian Federation requirements for this type of Premises. Separable improvements are the property of the Subtenant. The cost of inseparable improvements made by the Subtenant is not subject to reimbursement by the Tenant.
3.2.2. for the preferential conclusion of the sublease agreement specified in clause 1.1. this real estate agreement for a new term in case of proper fulfillment of obligations under this agreement;
3.2.3. for compensation for losses caused by the Tenant’s failure to perform or improper performance of its obligations under this agreement;
3.2.4. unilaterally refuse to fulfill the Agreement with prior written notice to the Tenant of such refusal 30 (thirty) calendar days before the expected date of termination of the Agreement.
3.3. During the period of validity of this agreement, the Tenant is obliged to:
3.3.1. transfer to the Subtenant within __ days from the date of signing this agreement the non-residential premises in a condition suitable for operation in accordance with its purpose and the terms of this agreement, according to the Acceptance and Transfer Certificate of the Premises (Appendix No. 1), the signing of which by the Subtenant confirms the transfer of the Premises. The Tenant is not responsible for the shortcomings of the subleased non-residential premises that were agreed upon by him at the conclusion of this agreement or were known in advance to the Subtenant or should have been discovered by the Subtenant during the inspection of the non-residential premises when transferring it to sublease;
3.3.2. ensure the unhindered use and operation by the Subtenant of the leased non-residential premises under the terms of this agreement, and not interfere with the production or economic activities of the Subtenant;
3.3.3. comply in full with all the terms of this agreement;
3.3.4. in the event of termination of this agreement for any reason, accept real estate from the Sublessee under the Transfer and Acceptance Certificate within the period of __________;
3.3.5. notify the Sublessee of the early termination of the contract at least 30 calendar days in advance.
3.4. During the validity period of this agreement, the Subtenant is obliged to:
3.4.1. use the rented non-residential premises strictly in accordance with its intended purpose specified in clause 1.1. actual agreement;
3.4.2. during the period when visitors and persons working or collaborating with the Subtenant are in the Premises, the Subtenant is responsible for their actions;
3.4.3. pay rent on time in the manner and amount established by Section 2 of this agreement; sign monthly certificates of services rendered under the Agreement within 3 (three) working days from the date of receipt of them from the Tenant;
3.4.4. maintain the leased non-residential premises in good condition, carry out routine repairs at your own expense, and also bear expenses arising in connection with the operation of the leased non-residential premises;
3.4.5. when operating rented non-residential premises, observe fire safety measures, sanitary norms and rules;
3.4.6. ensure the safety of heating engineering networks, communications and equipment (water supply, sewerage, electrical networks, burglar alarm etc.);
3.4.7. comply with the regime requirements established in the building and on the territory of the Lessor;
3.4.8. ensure unimpeded access to the rented premises by authorized representatives of the Tenant, the state fire inspection service and other services that monitor compliance with laws and regulations relating to the use and operation of buildings, and eliminate recorded violations within the time limits established by them;
3.4.9. if signs of emergency condition of electrical and other equipment are detected, immediately notify the Tenant;
3.4.10. compensate the Tenant for losses caused in the event of damage to the leased property, if the Tenant proves that the damage to the property occurred as a result of the occurrence of circumstances for which the Subtenant is responsible in accordance with the current legislation of the Russian Federation or the terms of this sublease agreement;
3.4.11. not less than ____ days before the expiration of the sublease agreement, inform the Tenant in writing of your intention to conclude a sublease agreement for a new term;
3.4.12. vacate the rented non-residential premises within ____ days after the expiration of this agreement or its termination for any other reason;
3.4.13. within _____ days after vacating the non-residential premises, transfer it to the Tenant according to the Transfer and Acceptance Certificate in proper form and condition, taking into account natural wear and tear.
4. Responsibility of the parties
4.1. For failure to fulfill or improper fulfillment of their obligations, the Parties bear responsibility under the current legislation and the Agreement.
4.2. In case of violation or failure to comply with the terms of the Agreement, the guilty Party shall compensate the other Party under the Agreement for all direct losses thereby caused.
4.3. Compensation for direct losses does not relieve the guilty Party from fulfilling its obligations under the lease agreement for non-residential premises.
4.4. The expiration of the Agreement does not relieve the Parties from liability for violations committed during its validity.
4.5. If the Subtenant is late in paying the rent and transferring other payments due in accordance with the Agreement to the Tenant, the Subtenant shall pay the Tenant a penalty in the amount of 0.1% of the debt amount for each day of delay.
4.6. If the Subtenant violates the terms of transfer of the premises, the Subtenant has the right to collect from the Tenant a penalty in the amount of 0.1% of the rent for each day of delay.
4.7. The Tenant is not liable to the Subtenant for the actions of third parties (city services) related to emergency outages of electricity, heat supply and water supply.
5. Force majeure
5.1. Neither Party is liable to the other Party for failure to fulfill obligations caused by force majeure circumstances that arose against the will and desire of the Parties and which cannot be foreseen or avoided, including declared or actual war, civil unrest, epidemics, blockade, embargo, earthquakes, floods , fires and other natural disasters, etc.
5.2. A Party that cannot fulfill its obligation due to force majeure circumstances must notify the other Party of the existing obstacles and their impact on the fulfillment of obligations under this Agreement.
6. Final provisions
6.1. The Agreement is concluded in 2 copies having equal legal force, one copy for each Party.
6.2. Any agreement between the Parties entailing new obligations that do not arise from the Agreement must be confirmed by the Parties in the form of additional agreements to the Agreement. All changes and additions to the Agreement are considered valid if they are in writing and signed by appropriate authorized representatives of the Parties.
6.3. A Party does not have the right to transfer its rights and obligations under the Agreement to third parties without the prior written consent of the other Party.
6.4. References in the Agreement to a word or term in the singular include references to that word or term in the plural. References to a word or term in the plural include references to that word or term in the singular. This rule is applicable unless otherwise follows from the text of the Agreement.
6.5. The Parties agree that, with the exception of information that, in accordance with the legislation of the Russian Federation, cannot constitute a trade secret of a legal entity, the contents of the Agreement, as well as all documents transferred by the Parties to each other in connection with the Agreement, are considered confidential and relate to the trade secret of the Parties, which shall not be disclosed without the written consent of the other Party.
6.6. For purposes of convenience, in the Agreement the Parties also mean their authorized persons, as well as their possible successors.
6.7. Notifications and documents transmitted under the Agreement are sent in writing to the following addresses.
A sublease agreement (or sublease agreement) is an agreement under which the tenant rents out the property he has rented to another person.
In accordance with Article 615 of the Civil Code of the Russian Federation, the tenant has the right to enter into a sublease agreement only with the consent of the lessor. If the lessor does not want in advance that his property be subject to further sublease to third parties, he can do this by including a corresponding clause in the contract.
If the tenant entered into a sublease agreement without the consent of the lessor, the lessor will have the right to demand termination of the lease agreement and compensation for losses due to the fact that the tenant does not use the property in accordance with the terms of the lease agreement.
It is better to document the consent to sublease the property as an annex to the agreement. If the landlord’s consent to sublease his property is received, then the parties (tenant and subtenant) have the right to enter into a sublease agreement for the premises from the date of such consent.
Until the moment when the agreement is considered concluded (the transaction is completed), it does not create any rights and obligations for the parties. Therefore, the general consequence of recognizing an agreement as not concluded (a transaction as failed) is that the methods of protection used in ordinary contractual relations cannot be applied to such an agreement.
Subleasing of forest areas is prohibited. Commercial organizations cannot transfer leased property for free use to a person who is the founder of this organization, participant, manager, or member of its management and control bodies.
The rules on rental agreements apply to sublease agreements. The lease agreement must contain data that makes it possible to definitely establish the property to be transferred to the lessee as the leased object. In the absence of this data in the lease agreement, the condition regarding the object to be leased is considered not agreed upon by the parties, and the corresponding lease agreement is not considered concluded.
Therefore, in the sample sublease agreement, it is necessary to specifically indicate data that makes it possible to definitely establish the property to be transferred to the subtenant as the object of the sublease agreement. In this case, the description of the property being subleased must correspond to the subject of the lease agreement. Otherwise, the sublease agreement may be considered invalid.
According to Part 2 of Clause 2 of Article 615 of the Civil Code of the Russian Federation, a sublease agreement cannot be concluded for a period exceeding the term of the lease agreement. The conclusion of a lease agreement by the lessor and the tenant for a new term on similar terms does not entail an extension of the sublease agreement. In this case, a new sublease agreement must be concluded for a period corresponding to the term of the lease agreement.
Early termination of the lease agreement entails the termination of the sublease agreement concluded in accordance with it. In this case, the subtenant has the right to conclude a lease agreement for the property in his use under the sublease agreement within the remaining term of the sublease on terms and conditions corresponding to the terms of the terminated lease agreement.
A standard sublease agreement for non-residential premises is an agreement on the transfer of previously leased real estate for rental use to a third party by the counterparty (participant) of the primary lease transaction.
That is, subletting is the re-renting of real estate with the conclusion of a new agreement between the primary tenant, who acts as a sublessor in such an agreement, and the subtenant.
Thanks to this article, you can download a sublease agreement for non-residential premises.
Rights and obligations of the parties
The main responsibilities of the primary tenant subletting non-residential premises include the timely transfer of the premises specified in the contract to the subtenant, as well as ensuring conditions for the unhindered use of this premises. In addition, the sublessor has the following rights:
- check compliance with the terms of the sublease agreement for the maintenance of non-residential premises;
- carry out repair work in subleased premises;
- terminate the transaction unilaterally by notifying the counterparty in advance;
- control spending material resources non-residential real estate.
To control the maintenance and use of the premises, the sublessor has the right to come without prior approval of the visit.
ATTENTION! Before carrying out repair work that may affect the use of the property by the subtenant, he must be notified of such work no later than one month in advance.
The main right of the subtenant is the right to use the non-residential real estate taken on sublease in accordance with the conditions and norms of the legislation of the Russian Federation specified in the agreement; in addition, the subtenant is obliged to:
It is important to remember that all responsibility for the condition and safety of the object of the transaction lies with the subtenant.
Required documents
The subject of the agreement is a non-residential property. It is necessary to provide complete information about this object, including address, area, specifications, cadastral number and existing encumbrances.
IMPORTANT! The sublessor must indicate all the defects of the premises that may become an obstacle to its use, since if it is discovered that such defects have been concealed, the amount of the rent may be revised in court.
When indicating the term of the sublease, you should be aware that it cannot exceed the duration of the main lease agreement, in accordance with clause 2 of Art. 615 Civil Code of the Russian Federation.
You should be aware that a sublease transaction is subject to legal rules and regulations identical to those for lease transactions.
It is necessary to list in detail possible controversial situations and the procedure for resolving them, since if situations arise that are not described in the agreement, they can only be resolved in court.
In the next section, you will be able to download a form of a sublease agreement for non-residential premises for both individuals and legal entities. persons
Differences between contracts for individuals and legal entities
When concluding a sublease transaction between individuals, it is necessary to indicate in the “Representation of the Parties” column the full name, passport details of the counterparties, as well as their registration and residence addresses, if they are different. Legal entities must indicate:
- name of the form of ownership according to the classifier;
- full name of the type of public organization;
- Name of the organization;
- legal and actual address;
- Bank details;
- representatives signing an agreement specifying positions.
Types of public organizations include LLC, PJSC and others; they must be indicated in full. Among the bank details, you must indicate the INN, BIC, OKATO code, KPP, correspondent account and current account.
REFERENCE! If the legal entity party to the transaction intends to terminate the agreement ahead of schedule, this person must notify the other party's board of his decision in writing no earlier than three months before terminating the transaction.
If an agreement is concluded between two legal entities, you can specify the departments of each party that are responsible for compliance with a number of terms of the agreement.
Sublease agreement for part of non-residential premises
Non-residential real estate in its indivisible form is characterized by the presence of one owner and/or a single cadastral number with several owners.
An agreement to sublease a part of such premises means obtaining the right to use a limited area allocated in technical terms (room, office, etc.).
When concluding an agreement to sublease part of a non-residential premises, it is important to indicate in such an agreement all the parameters of not only the rented part, but also the entire premises, as well as the following points:
- operating conditions of public places;
- terms of interaction with users of other parts of non-residential real estate;
- procedure for resolving disputes with other users.
Subtenants are responsible for the unlawful use of part of the premises not only to the main tenant, but also to neighboring subtenants, especially in emergency situations.
Free use
The main difference between a sublease agreement for non-residential premises for free use and a sublease transaction is the absence of payment for the rental of such real estate.
The person who transfers the premises for free sublease is called the lender, and the receiving party is called the borrower.
The borrower must, after the expiration of the contract, transfer the non-residential premises to the lender in proper condition, otherwise the lender may demand compensation for damage, in accordance with Art. 689 and paragraph 3 of Art. 615 Civil Code of the Russian Federation. The remaining clauses of the agreement are drawn up according to general rules.
Civil Code of the Russian Federation Article 689. Agreement for free use
- Under an agreement for gratuitous use (loan agreement), one party (the lender) undertakes to transfer or transfers an item for gratuitous temporary use to the other party (the borrower), and the latter undertakes to return the same item in the condition in which it received it, taking into account normal wear and tear or in the condition stipulated by the contract.
- The rules provided for in Article 607, paragraph 1 and paragraph 1 of paragraph 2 of Article 610, paragraphs 1 and 3 of Article 615, paragraph 2 of Article 621, paragraphs 1 and 3 of Article 623 of this Code are respectively applied to a contract for gratuitous use.
- To the agreement for gratuitous use (loan) of an object cultural heritage The rules provided for in Article 609 of this Code also apply.
Sublease in the DPR
For renting non-residential premises in the DPR (as well as for subletting), the same rules and regulations apply as for regular lease agreements.
The agreement must be registered in tax authorities no later than the 5th working day from the moment of its signing by the parties and contain the following data:
![](https://i1.wp.com/zhivemvrossii.com/wp-content/uploads/2017/04/dogovor_14_17185643-400x250.jpg)
Minimum amounts for payment per square meter are established for different areas by local legislation.
It is important to know that violation of the established registration deadlines will entail a fine of two hundred percent of the monthly payment, but not less than 20 thousand rubles.
Fees and deadlines
When registering a sublease agreement with the Rosreestr authorities, you must pay a fee in the amount of:
- 2 thousand rubles – for individuals;
- 22 thousand rubles – for legal entities.
The payer of the fee is the subtenant.
If there are several subtenants, the amount of the fee is divided between them in equal shares.
According to Art. 333.35 of the Tax Code of the Russian Federation, legal entities - state-owned enterprises do not pay the duty.
The duration of sublease rights can be specified in the agreement or by indicating the exact date of termination of the agreement.
Or by designating the conditions upon the occurrence of which such an agreement is terminated.
IMPORTANT! If the validity period of the sublease agreement is not specified, then such an agreement is considered unlimited, in accordance with clause 2 of Art. 610 Civil Code of the Russian Federation.
It should be remembered that, regardless of the validity period of the sublease agreement, it terminates at the moment of termination of the main lease agreement, in accordance with Art. 618 Civil Code of the Russian Federation.
Registration of a real estate sublease agreement with Rosreestr is necessary, otherwise the agreement will be considered invalid, but the agreement must be registered only if it is concluded for a period of 12 months or more.
Many legal entities save on state fees by concluding a sublease agreement for a period of 10 or 11 months and extending such an agreement if necessary.
It should be remembered that an unregistered agreement does not protect the parties in case of conflicts that arise, which will have to be resolved in court, therefore, when deciding to record the fact of the agreement in Rosreestr, it is necessary to weigh all the risks.
The sublessor is not liable to the subtenant for losses resulting from interruptions in the power supply or water supply of the rented premises., such situations are the responsibility of utility services, unless they arose due to non-payment of these services, therefore the procedure for paying for such services should be specified in the sublease agreement.
ATTENTION! In case of damage to property as a result of accidents or improper use of non-residential premises by the subtenant, the sublessor is liable to the owner of the property under the main lease agreement.
So, when concluding a sublease agreement for non-residential premises, it is necessary to take into account the terms and conditions of the main lease agreement; you should also indicate the actions of the parties under various circumstances in order to avoid going to court in controversial cases.
Now you know what a sample lease agreement for non-residential premises with the right to sublease looks like. In addition, you had the opportunity to download a free sample sublease agreement for non-residential premises.
The document form “Sublease Agreement for Non-Residential Premises” belongs to the heading “Lease Agreement for Non-Residential Premises, Buildings”. Save the link to the document in in social networks or download it to your computer.
Sublease agreement for non-residential premises
[specify the place of conclusion of the contract] [day, month, year]
[full name of the organization, enterprise indicating the organizational and legal form], represented by [position, full name of the head of the organization, enterprise], acting on the basis of [name of document confirming authority], hereinafter referred to as “Tenant”, with one party, and [full name of the organization, enterprise indicating the organizational and legal form], represented by [position, full name of the head of the organization, enterprise], acting on the basis of [name of document confirming authority], hereinafter referred to as " The Subtenant", on the other hand, hereinafter referred to as the "parties", have entered into this agreement as follows:
1. The Subject of the Agreement. General provisions
1.1. The Tenant, with the prior written consent of [insert the short name of the owner of the non-residential premises] (Appendix No. 4) in accordance with clause [enter as necessary] of the Lease Agreement for non-residential premises dated [date, month, year], transfers, and the Subtenant accepts for sublease the non-residential premises: [insert name or the number of non-residential premises in accordance with the explication of the technical passport], area in numbers and in words, sq.m., located on [insert floor] floor [indicate the characteristics of the building in accordance with the technical passport, for example, administrative, etc.] of the building with a total area [in numbers and in words] sq.m., located at the address: [enter as necessary], cadastral N [enter as necessary] according to the Transfer and Acceptance Certificate, which is an annex and an integral part of this agreement.
The area of non-residential premises provided for sublease, its location (location) as part of non-residential premises owned by [short name of the owner's company], are determined in accordance with the explication and floor plan of the technical passport (Inv. N [fill in as appropriate]) issued by [name organization carrying out technical inventory of real estate] as of [date, month, year] with changes as of [date, month, year].
The area of rented non-residential premises is marked in red on the plan.
The explication and floor plan of the technical passport are appendices and integral parts of this agreement.
1.2. [indicate the characteristics of the building, in accordance with the technical passport, for example, an administrative] building with a total area [in numbers and words] sq.m., located at the address: [enter as necessary], cadastral N [enter as necessary] belongs to [insert the short name of the owner] by right property on the basis of [indicate the name of the title documents, the body that issued or approved them, the date of issue of the documents]. The ownership of [insert the full name of the Tenant] to [enter the required] building with a total area of [indicate in numbers and words] sq.m. is registered in the Unified state register rights to real estate and transactions with it [date, month, year] for registration No. [enter as required] in accordance with the Certificate of State Registration of Rights series [enter as required] N [enter as required], issued by [enter as required] [date, month, year ].
1.3. Non-residential premises [indicate the name or number of the non-residential premises in accordance with the explication of the technical passport], with an area [in numbers and words] sq.m. located on [insert the required] floor [indicate the characteristics of the building in accordance with the technical passport, for example, administrative, etc. ] the building with a total area [in numbers and words] sq.m., located at the address: [enter the required one], cadastral N [enter the required one] was leased to the Tenant on the basis of a Lease Agreement for non-residential premises concluded between [short name of the owner] and [short name Tenant] [date, month, year] according to the Certificate of Acceptance and Transfer of Non-Residential Premises dated [day, month, year]. The lease agreement for non-residential premises dated [day, month, year] was registered [indicate the name of the body carrying out state registration rights to real estate and transactions with it] in the Unified State Register of rights to real estate and transactions with it [day, month, year] for reg. N [fill in as required].
1.4. Specified in clause 1.1. of this agreement, the real estate will be used by the Subtenant for [indicate the intended purpose of the leased real estate, for example, to locate an office, etc.].
1.5. The tenant guarantees that the non-residential premises being subleased are free from any property rights of third parties, with the exception of registered ones.
1.6. The Tenant notifies the Subtenant, and the Subtenant takes note, that in relation to the non-residential premises being subleased there are no disputes that were not resolved by a court decision that entered into legal force, about which the Tenant knew or could not have been unaware at the time of concluding this agreement.
2. Rent and payment procedure
2.1. The Subtenant pays the Tenant rent in the amount of [amount in figures and words] rubles monthly until [enter the required] date of the month following the month to be paid, by transfer Money to the Tenant's bank account or depositing cash at the Tenant's cash desk.
2.2. The rent may be revised by the parties at the request of one of the parties, but not more than once a year, and the party that initiated the rent revision must notify the other party of [fill in as appropriate] by sending a written notice to the other party.
3. Rights and obligations of the parties
3.1. During the period of validity of this agreement, the Tenant has the right:
3.1.1. control the intended use, correct operation and technical condition of the leased real estate;
3.1.2. for compensation for losses associated with the failure or improper fulfillment by the Sublessee of its obligations under this agreement.
3.2. During the validity period of this agreement, the Subtenant has the right:
3.2.1. carry out, with the prior consent of the Tenant, repairs and decoration of the rented non-residential premises:
[indicate what type of repair, for example, major, cosmetic, etc.].
3.2.2. for the preferential conclusion of the sublease agreement specified in clause 1.1. this real estate agreement for a new term in case of proper fulfillment of obligations under this agreement;
3.2.3. To compensate for losses caused by the Tenant's failure to perform or improper performance of its obligations under this agreement.
3.3. During the period of validity of this agreement, the Tenant is obliged to:
3.3.1. provide the Subtenant, within [meaning] days from the date of signing this agreement, with non-residential premises in a condition suitable for use in accordance with its purpose and the terms of this agreement, warning about the shortcomings that the Tenant must specify in the Transfer and Acceptance Certificate. The Tenant is not responsible for the shortcomings of the subleased non-residential premises that were agreed upon by him at the conclusion of this agreement or were known in advance to the Subtenant or should have been discovered by the Subtenant during the inspection of the non-residential premises when transferring it to sublease;
3.3.2. ensure unhindered use and operation by the Sublessee of the leased non-residential premises under the terms of this agreement;
3.3.3. comply in full with all the terms of this agreement;
3.3.4. in the event of termination of this agreement for any reason, accept the real estate from the Sublessee under the Transfer and Acceptance Certificate within the period of [fill in what is required];
3.3.5. notify the Sublessee of the early termination of the contract at least [value] days in advance.
3.4. During the validity period of this agreement, the Subtenant is obliged to:
3.4.1. use the rented non-residential premises strictly in accordance with its intended purpose specified in clause 1.4. actual agreement;
3.4.2. provide, at the request of the Tenant, appropriate evidence of the use of the leased real estate in accordance with the terms of this agreement, including during an on-site inspection;
3.4.3. pay rent on time in the manner and amount established by Section 2 of this agreement;
3.4.4. maintain the leased non-residential premises in good condition, carry out routine repairs at your own expense, and also bear expenses arising in connection with the operation of the leased non-residential premises;
3.4.5. when operating rented non-residential premises, observe fire safety measures, sanitary norms and rules;
3.4.6. ensure the safety of heating engineering networks, communications and equipment (water supply, sewerage, electrical networks, security alarm systems, etc.);
3.4.7. comply with the internal regulations of [insert the short name of the owner of the non-residential premises] and the Tenant, which may be periodically adjusted by them. These rules relate to safety, use of common areas, entry and exit from the building, use of equipment and communications, working hours, use of parking and other issues relating to the general interests of the Subtenant, Tenant and [insert the short name of the owner of the non-residential premises];
3.4.8. ensure unimpeded access to the rented premises by authorized representatives of the Tenant, the state fire inspection service and other services that monitor compliance with laws and regulations relating to the use and operation of buildings, and eliminate recorded violations within the time limits established by them;
3.4.9. in the event of any emergency situations or malfunctions in the rented non-residential premises, including central heating pipelines, hot and cold water supply, electrical and other equipment, immediately notify the Tenant [specify how: by fax, by phone, e-mail etc.] take appropriate measures to eliminate accidents or malfunctions, as well as inform the services and ensure unhindered access to the rented premises to the relevant emergency services to eliminate accidents and malfunctions, regardless of the operating mode of the premises;
3.4.10. compensate the Tenant for losses caused in the event of damage to the leased property, if the Tenant proves that the damage to the property occurred as a result of the occurrence of circumstances for which the Subtenant is responsible in accordance with the current legislation of the Russian Federation or the terms of this sublease agreement;
3.4.11. not less than [value] days before the expiration of the sublease agreement, inform the Tenant in writing of your intention to enter into a sublease agreement for a new term;
3.4.12. vacate the rented non-residential premises within [meaning] days after the expiration of this agreement or its termination for any other reason;
3.4.13. within [meaning] days after the vacancy of the non-residential premises, transfer it to the Tenant under the Acceptance and Transfer Certificate in proper form and condition, taking into account natural wear and tear, with all improvements that constitute the property of the non-residential premises and inseparable without harm to the structures of the premises, serviceable networks and plumbing equipment.
4. Responsibility of the parties
4.1. Responsibility of the Subtenant:
4.1.1. In case of violation by the Subtenant of the terms and procedure for payment of rent established by Section 2 of this agreement, the latter shall pay a penalty in the amount of [value]% of the amount of the overdue payment for each day of delay.
4.1.2. In cases of gross violation by the Subtenant of the terms of this agreement, namely:
Use of non-residential premises other than for the intended purpose specified in clause 1.4. actual agreement;
Deliberate deterioration by the Subtenant of the condition of the leased real estate;
Failure to comply with the Tenant's requirements provided for in clauses. 3.4.4. - 3.4.9. of this agreement, the Subtenant shall pay a penalty in the form of a fine in the amount of [fill in as necessary] a multiple of the monthly rent existing on the day the violation was discovered by the Tenant’s commission.
4.1.3. If the Subtenant, after termination of the agreement, for any legal reason, does not vacate the leased non-residential premises within the time limits established by this agreement, does not return it, i.e. evades signing the Acceptance and Transfer Certificate or returns the non-residential premises untimely, the Tenant has the right to demand, in addition to the Tenant's payment of rent for the entire period of actual use of the real estate and a penalty in the form of a fine in the amount of [fill in as appropriate] a multiple of the monthly rent, as well as compensation for losses, caused by delay in execution.
4.1.4. Payment of sanctions does not relieve the Sublessee from fulfilling obligations under this agreement.
4.2. Tenant's responsibility:
4.2.1. In case of violation by the Tenant of the obligations provided for in clause 3.3.1. and clause 3.3.2. of this agreement, the Tenant is obliged to pay the Subtenant a fine in the amount of [amount in figures and words] rubles, as well as fully compensate the Tenant for the damage caused by such failure, in the part not covered by the penalty.
5. Procedure for changing and terminating the contract
5.1. All changes and additions to this agreement are valid only if they are in writing and signed by both parties. A party sends a draft amendment to the contract in the form of an additional agreement to the contract, the other party is obliged to review the submitted draft amendments and within [meaning] days from the date of receipt sends a signed copy of the additional agreement or a reasoned refusal to make the submitted changes in writing.
5.2. This agreement terminates at the end of its term, and can also be terminated early by agreement of the parties.
In accordance with Art. 618 of the Civil Code of the Russian Federation, early termination of the lease agreement for non-residential premises from [day, month, year] entails termination of this sublease agreement concluded in accordance with it. In this case, the subtenant has the right to conclude a lease agreement with [short name of the owner] for non-residential premises, which were in his use in accordance with this sublease agreement, within the remaining term of the sublease on the terms corresponding to the terms of the terminated lease agreement.
5.3. At the request of the Tenant, this sublease agreement may be terminated early by the court in cases where the Subtenant:
Uses non-residential premises with a significant violation of the terms of this agreement or the purpose of the real estate specified in clause 1.4. of this agreement, or with repeated violations;
Significantly deteriorates real estate.
5.4. At the request of the Subtenant, this sublease agreement may be terminated early by the court in cases where:
The Tenant does not provide the real estate for use to the Subtenant or creates obstacles to the use of the real estate in accordance with the terms of the agreement or the purpose of the property;
The real estate transferred to the Subtenant has defects that prevent its use, which were not specified by the Tenant at the conclusion of the agreement, were not known to the Subtenant in advance and should not have been discovered by the Subtenant during the inspection of the real estate or checking its serviceability when concluding this agreement;
Due to circumstances for which the Sublessee is not responsible, the real estate will be in a condition unsuitable for use in accordance with the purpose specified in clause 1.3. actual agreement.
5.5. In the event of a single failure or improper performance by the Sublessee of any of the obligations provided for in Section 2 of this agreement, the Lessee has the right to terminate this agreement unilaterally by notifying the Sublessee in writing no less than [value] days before such termination.
5.6. All improvements made by the Sublessee to the leased property, separable and inseparable without harm to this property, are the property of [short name of the owner of the non-residential premises]. Upon expiration of the term of this agreement, as well as in the event of its termination for any other reasons, the cost of repairs, reconstruction and redevelopment of the premises made by the Subtenant, as well as all separable and inseparable improvements made at the Subtenant’s expense, will not be reimbursed to the Subtenant.
6. Duration of the contract. Final provisions
6.1. In accordance with Art. 131, as well as part 2 of Art. 651 of the Civil Code of the Russian Federation, this agreement is subject to state registration in the unified state register of rights to real estate and transactions with it and is considered concluded from the moment of such registration.
6.2. This agreement comes into force from the moment of its state registration in the manner established by the legislation of the Russian Federation and is valid until [day, month, year] (at least a year).
6.3. Costs associated with state registration of this sublease agreement are paid by the Sublessee in full.
6.4. The responsibilities and rights of the parties not provided for in this agreement are determined in accordance with the current legislation of the Russian Federation.
6.5. Reorganization of the Tenant, as well as the transfer of ownership (economic management, operational management) of the leased non-residential premises to another person is not grounds for changing or terminating this sublease agreement.
6.6. All disputes and disagreements arising between the parties regarding the fulfillment of obligations under this agreement will be resolved through negotiations on the basis of current legislation and business customs.
6.7. If controversial issues are not resolved during negotiations, disputes are resolved in court in the manner prescribed by current legislation.
6.8. In the event of a change in the name, location, bank details and other data, each party is obliged to notify the other party in writing within [fill in the required] period of the changes that have occurred.
6.9. This agreement is drawn up in three copies having equal legal force, one of which is kept in the files of [name of the body carrying out state registration of rights to real estate and transactions with it], and the remaining two are issued to the Subtenant and the Tenant.
Application:
1. Certificate of acceptance and transfer of non-residential premises dated [day, month, year] (Appendix No. 1);
2. Explication of non-residential premises [enter as required] of the floor (Appendix No. 2);
3. Layout plan for non-residential premises of the [enter as required] floor of the building (copy of the [enter as required] floor plan of the technical passport of the building (Appendix No. 3);
4. Letter of agreement [indicate the short name of the owner of the non-residential premises] for sublease Ref. N [enter as required] from [day, month, year] (Appendix No. 4).
Signatures, addresses and details of the parties
Tenant Subtenant
[fill in as needed] [fill in as needed]
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