Rent. What is rent and how is it drawn up?

All of us, if not closely acquainted, at least once in my life have heard about the word "rent". What is the lease, at least partially known to many people, but they are not always aware of some of the rules and nuances of drafting civil law contracts in this area. This is described in this article.

Definition of the word "rent"

What is rent and how does this definition interpret Russian civil legislation ? According to the Civil Code, this term refers to the actions of two or more parties, which are aimed at the emergence of leasing legal relations. For this, one party (the lessor) must provide its counterpart (tenant) for temporary use certain property. The tenant, in turn, after expiration of the period agreed by the parties is obliged to return the property to its owner.

Rent can be either for a fee or for free.

How to draw up a contract

No special legal practice is required to draw up an agreement between the parties. However, the help of a qualified specialist does not hurt, if the subject of the lease is some expensive property or, for example, real estate.

The lease agreement, a sample of which is presented in the photo a little further, should be in writing. An oral agreement can be declared invalid. When drafting this agreement, it is necessary to have sufficient authority to sign it. This applies to cases where the agreement is concluded not by the landlords and tenants themselves, but by their trustees. In the power of attorney issued to them, the powers delegated by one or the other party must be clearly described.

Obligatory conditions

A lease agreement, a sample of which can be found on any legal resource, must contain certain mandatory conditions, without which it will be considered non-concluded. One of these conditions is an accurate and as much as possible more detailed description of the subject of the lease. This condition is called essential. For example, when renting real estate, it is necessary to indicate the characteristics of this property, its location, area, floor and number of storeys, the number of components, as well as other identification characteristics. When renting a vehicle, respectively, its specifications are indicated, including engine number, chassis, state number, color, model and year of manufacture.

Most importantly, it is necessary in the contract to characterize the property transferred in rent so that it can be easily distinguished from many similar things. This requirement protects the rights of the lessor, who, in the event of a dispute, can prove that he has transferred certain property to the lessee.

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The term is short and long-term lease. What does this mean in the lease of legal relations? In general, there is no significant difference between the period for which the contract is concluded. However, in some situations the time can be of great importance. For example, if the lease is concluded for a period of more than one year, the agreement between the parties must necessarily be registered with the authorized body. This requirement is due to the protection of tenant rights.

To register the contract with the registering authority, it is necessary to come to both parties and provide the concluded contract. The landlord must also provide title documents to the property. In addition, you will have to pay the state fee.

Termination of the agreement

How is the lease terminated? What is the termination of the contract? This, in fact, the termination of legal relations between the lessor and the lessee. Termination can occur either by mutual consent, or by the will of one of the parties. In the latter case, for the dissolution on the initiative of one of the parties, there must be weighty arguments. As a rule, such grounds are established and prescribed in the text of the treaty. For example, a landlord can terminate an agreement if his counterparty does not comply with the terms of the payment agreement or uses the leased property for other purposes.

On the other hand, the tenant may demand termination of the contract, if the lessor does not perform his duties (does not perform major repairs, raises rent, hinders the use of leased property).

The agreement also terminates upon the expiry of the term for which it was concluded, unless the parties have provided for its prolongation.

Thus, leases are relations arising between the parties about leased property. A sample of a lease, or rather an example of such a treaty, can help those who do not know the legal knowledge to draw up the right agreement. At the same time, the best option would be to seek advice from a specialist who can, with a guarantee, draw up a contract that does not infringe on the interests of either party.