lease agreement (hire) residential or non-residential property, referred to an agreement between the landlord (subtenant) and tenant (employer), on the basis of which the first transmits the latest available in its possession or at its disposal premises for temporary use, for remuneration previously agreed.
Of great importance in the design of the real estate lease agreement, a type of real estate, as it is by the different properties of the object of the contract will depend on certain of its provisions, thereby distinguishes between the following legal forms of contractual relations:
- Lease contract (hire) building or structure (apartment or house).
- Lease contract (hire) with an option to purchase the leased object (room).
- sublease (podnayma) object (room).
- The contract of gratuitous use of the object (room).
The legal framework of contractual relations at the conclusion of the lease agreement (hire)
The legal basis of any contractual relationship, It is a federal law, legal regulations and other documents regulating the relations between the parties, basic list of which is given below:
- The Russian Civil Code, namely that part, which directly regulates the basis of contractual relations.
- Land legislation of the Russian Federation, in terms of the provisions, according to which there is a rental (rent) land and related burdened.
- Federal Law "On state registration of rights to immovable property and transactions with it", which stipulates the types and kinds of objects (subjects) relations, authorities exercising control and data acquisition rights (deals).
- Decisions and rulings of the SAC, clarification regarding the possibility of extending the contractual relationship and the conditions of registration of real estate.
For the legal basis of the same include various decisions and rulings of the Supreme Arbitration Court of the Russian Federation, Antimonopoly Service and the legal acts of the Russian Federation, whose main purpose is to protect the interests of the parties.
fundamentals (conditions) agreement
In drawing up the lease agreement (hire) property, There are a number of compulsory and secondary provisions, The former include the following conditions:
- Information about the parties or legal entities (agreement), namely their details.
- Characteristics of real estate as an object of the contract.
- Pricing and terms of payment of remuneration for the use of the object (location).
The secondary conditions are such as:
- Obligations of the parties to maintain proper operating conditions (stay), safety and security of the object (room).
- terms, which is available for use by property.
- liability of the parties, for breach of contract and dispute settlement.
- Special conditions of contracts (change existing laws, Force Majeure).
By the above primary and secondary conditions, which are reflected in the contract, the parties may prescribe, do not contradict the requirements of Russian legislation conditions at its sole discretion, reflecting certain circumstances.
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