Rent out the premises of a legal entity. Attention! How to properly rent out non-residential premises

Lease relations have penetrated into all spheres of life: renting an apartment or non-residential real estate for a while is in the order of things today. The latter is mainly used for commercial purposes, when locating an office or workshop. Rent out non-residential premises - there are enough such ads. For that, it is important to know how to do it correctly.

On this moment the law does not have a specific definition of what non-residential premises are, but there are signs by which it can be identified, they are described in the Civil Code.

Important! Non-residential premises are real estate that is not always a separate building, but always has separate and clearly defined parts. For the purposes of residence, it can not be used in any case.

So, a house in which conditions for life are not created may be converted to organize a canteen or a cafe. At the same time, there should be plots (rooms) that can be adapted to the needs of the institution. There are requirements for the premises of medical institutions, offices, pharmacies, gyms, etc., and they concern both sanitary and.

Before renting out any premises, you should clearly define its intended use, since the tenant is looking for an area for a specific purpose.

It is worth remembering, without evidence that, for example, a residential building has a non-residential purpose, it is prohibited to use the area for business, including renting it.

Non-residential property with a specific purpose

Sometimes the intended purpose regarding the use of such an object is prescribed in the papers that the owner draws up when registering for cadastral registration. It should be understood that transferring to another target category is sometimes quite difficult.

A similar purpose can be found in non-residential areas of an apartment building, in particular, its first floors. Moreover, how the areas can be used is laid down in the project, for example:

Pharmacy.
Shop.
Office.
Dental office.
Library.
Entertainment centers.

The object receives a specific purpose, and the restrictions emerge from the norms established by law.

Free use

The non-residential fund also includes free-use areas. The essence of these is universality, that is, they can be rented by persons engaged in a wide variety of activities, according to the Civil Code. Their area can be different, moreover, it can be easily divided for the needs of different tenants due to quickly erected partitions.

It is very easy to rent or lease such areas, however, their cost is much higher due to the lack of additional approvals.

Why renting is better than buying

Often, owners of non-residential real estate are thinking about selling an object, but renting it can bring a much higher income. In addition, it will be stable, but this largely depends on the location.

Among the advantages noted by tenants:

Availability. The finance costs of the lease are lower than the purchase.
Simplified registration procedure -.
Possibility to change the landlord. Of course, for someone who rents it out - this is not very good, but everything depends to a large extent on the appetite of the owner and the location of the object.

Important! As long as business is flourishing in our country, its participants will need space for offices, warehouses, shops, beauty salons, etc. This means that the owners of the commercial space can count on stable passive income.

Specificity of leasing non-residential premises

According to the law, individuals and legal entities can lease premises that are not intended for housing, being a full owner, without registration of an individual entrepreneur and at a rate of 13%.

There is an exception when the registration of an individual entrepreneur is still necessary - this is an activity that is carried out through the lease of premises, with the receipt of a constant and stable income. The owner is obliged to keep records and have stable relations with tenants, subject to the conclusion of a lease for a period of 1 year or more.

If the conditions of such activity are violated, and an individual does not issue an IP, the following consequences may be for him:

for up to 6 months or 300 thousand rubles of a fine, or public Works lasting up to 480 hours.
Administrative responsibility. Collection in the amount of 500 to 2 thousand rubles.

Renting steps: step by step

It would seem that it is easier to submit an advertisement for the lease of an object and wait for the crowd of those who wish. But, if you do everything according to the algorithm below, you will be able to avoid hitches and troubles. It doesn't matter what will be rented: a warehouse, an office or a space for a store.

Realtors: needed or not

Of course, it will be faster and safer to make a deal through realtors, but it's not free. In this case, you should pay attention to real professionals with the following characteristics:

Experience in working with commercial real estate.
Reputation.
The presence of a database.

Rent

The success of the delivery largely depends on the amount of the fee, or rather, how quickly it will turn out to issue a lease. Again, there are 2 ways:

Attract a realtor to help, let him determine the cost.
Study similar proposals in the city on your own.

The rent depends on the following indicators:

From the square.
Purpose.
The proximity of transport interchanges.
Market situation commercial real estate.

Advice! If there is a desire to quickly rent out real estate and start earning income, we recommend renting it out a little cheaper than the available offers on the market.

Search for a tenant

If you trust the realtor, then these chores are shifted onto his shoulders. At the same time, he receives a certain commission upon the successful conclusion of the transaction. Having decided to act on their own, the search options for those who wish are as follows:

If the premises are small (for 1 tenant), then you can place an ad on special Internet sites in the city. You can also submit an ad to your local newspaper. ... An effective option is a banner on the window of a rented space.
If the room is large, then the best solution is to create a thematic site. Of course, you need to promote it using modern internet marketing tools. It is unlikely that anyone will be able to rent the entire area at once, so you have to be patient.

Lease agreement: drafting rules

In the laws of the Russian Federation there are no clear rules for regulating lease relations. When drafting a document, you should focus on general rules drafting contracts, in which the essence of the transaction lies in the fact that the owner transfers the agreed area for temporary use to the tenant for a certain fee.

A contract is drawn up in writing in two copies. The following essential conditions must be indicated in the text:

Details of the parties - subjects.
Characteristics of the subject of the contract. Moreover, they should be such that they make it possible to unambiguously identify him. Among the important points: inventory number, the exact address, purpose, name, area.
Terms of use of the leased area.
The amount of payments according to the agreement.

If the period of renting out the premises exceeds 1 year, then the following documents should be submitted to Rossreestr:

Statement.
A technical plan prepared by a cadastral engineer.
Contract with attachments.
Passport.
Receipt for payment of state duty.
Additional documentation, if available.

This algorithm and rules work equally for both individuals and legal entities. In the second case, a feature of the contract is the presence of details and the amount of state duty.

Risks to the landlord

Of course, any relationship regarding real estate objects carries certain risks, among the main ones:

Inappropriate use. Although there is a clear wording in the lease agreement for what purposes the premises will be used, tenants may violate these clauses for the sake of their profit. If this happens, then the owner has every right.
Damage to the premises, equipment. It happens that a decent, at first glance, tenant behaves in an inappropriate way: makes the equipment and the premises itself unusable. In this case, the landlord has every right to claim damages from him, while going to court is allowed.
Not making a payment. Anyone can face such a problem, but it is best to prevent this by prescribing responsibility for late payments, such an element of the contract will make you feel confident. If the contract does not contain a clause regarding the timing of the payment of the rent, then there is nothing to complain about.

Municipal facilities

Often, non-residential properties are leased, which. They are generally more affordable than private property. Due to the execution of lease transactions, it is possible to replenish the city's budget. Mostly contracts are concluded that relate to buildings and premises, less often municipal enterprises.

Important! The main problem that tenants face is the unsatisfactory condition of the facility, they have to spend money on repairs and bringing them to an acceptable condition.

Another feature is that such premises can be transferred into the hands of the tenant only after the auction. Otherwise, there is no specifics of concluding a contract. It is drawn up according to the standard sample in duplicate for up to 5 years, plus one for Rosreestr. Highly important point, when receiving a lease of real estate from the municipality for a period of more than 3 years, the tenant receives priority.

Output

A variety of non-residential properties are available for rent. Transactions on their receipt for temporary use are increasingly common. The presented sample of the contract will help to draw it up correctly, without missing important points.

Rent out non-residential premises in 2018 - independently, documents, rules

Individuals in Russia can own not only residential premises, but also non-residential ones - those that are not registered in the housing stock settlement or a city (clause 1 of article 213 of the Civil Code of the Russian Federation). Therefore, the owners of this type of real estate can dispose of it at their discretion - including renting it out (clause 1 of article 541 of the Civil Code of the Russian Federation).

Non-residential lease transactions in which civilians are participants are concluded according to certain rules, much like transactions with legal entities or individual entrepreneurs.

There are general rules, obeying which, you can efficiently and quickly rent out real estate that does not belong to the housing stock.

In addition, there are peculiarities when renting non-residential real estate in a gratuitous form, or vice versa, to an individual, and so on.

For example, consider several options for situations in which a lease is possible non-residential premises according to their conditions.

On the basis of clause 1 of article 209 of the Civil Code of the Russian Federation, as well as other legal regulations, the owner, being an individual, can rent out real estate that is not part of the housing stock.

And for this he does not need to become individual entrepreneur(hereinafter - IP) in order to legally receive income from the lease of premises, or non-residential buildings, structures.

If the owner of the real estate does not use regular hired labor, then the law does not allow becoming an individual entrepreneur (clauses 1-4 of article 19 of the Civil Code of the Russian Federation).

At the same time, all contracts that are concluded by individuals in such lease transactions will be legally considered as GPC contracts - of a civil legal nature.

This means that the rent can be quite easily set in the order of the contractual conclusion of the lease agreement.

A few more words must be said about the case when an individual rents out non-residential premises to a legal entity.

It is important to take into account the following points of the text of the contract, which will affect the accounting of the employing enterprise:

The object must be indicated - the exact address, location, cadastral registration number, operational and technical information (for example, area, number of storeys, livability for work, etc.).
No VAT to pay to legal entities. a person is not required because the contract is not concluded with another enterprise, but with a citizen (citizen).
The rental price may include utility bills. This is convenient for the correct accounting of expenses for the enterprise.
It is necessary to indicate in the agreement the form of calculation - non-cash, or with the payment of funds in cash.
Yur. person paying nat. a person, a fee for the temporary use of his property, is also a defendant-payer of personal income tax (clause 1 of article 226 of the Tax Code of the Russian Federation). Therefore, the company can independently transfer 13% to the tax organization for this transaction.

Thanks to the modern payment system, legal entities can settle accounts with individuals by non-cash form of payments.

You just need to indicate in the contract the bank details of the accounts, the plastic card of the individual, where the tenant will transfer the payment for the use of the real estate of the citizen-lessor.

Note! If a legal entity has entered into a lease agreement for a non-residential premises owned by an individual, and if the latter becomes in the middle of the term of such an IP contract, then the legal entity. a person will not be required to pay 13% tax on the transaction. There the taxation system will be carried out according to a different scheme.

Is it possible to take nat. face

A legal entity or an individual entrepreneur who is the owner of a non-residential premises has the full right to lease it to an individual. There are no prohibitions in the legislation in this regard. In this case, it is best to focus on Art. 606-670 of the Civil Code of the Russian Federation.

The lease agreement will definitely need to indicate:

OKVED code legal persons (70.20.2);
the term of the agreement;
personal information nat. faces;
complete characteristics of the room;
cadastral number of the object;
the amount of the rent;
the procedure for payment by the tenant (individual) for the use of the premises to the lessor (legal entity);
specify the details and special aspects of the lease (rules, operating procedures, the possibility of repairs, etc.).

In principle, all the same happens when making a deal with an individual entrepreneur and an individual. Only instead of the charter and a certificate from the Unified State Register of Legal Entities, an individual businessman submits a USRIP certificate to a notary to complete the transaction.

Is it possible for free

In Russian legislation, there is no coercion by the owner of non-residential premises to ensure that they lease their property without fail for a fee. This is the owner's right, not his duty to the law.

Therefore, a gratuitous transaction is also possible, as well as a paid one, despite clause 1 of Article 540 of the Civil Code of the Russian Federation, where it is said that the lessee undertakes to pay the rental service to the owner of the property.

You can see a sample of a lease agreement for non-residential premises between individuals in this article.

With realtors, you can rent out your property much faster and more efficiently. They find a buyer of rental services faster than it was fashionable to do on their own.

The documents

The entire procedure for registering the lease of non-residential premises goes only through the conclusion of a special agreement with its notarization. Therefore, you should sign up for a deal with a notary in advance, if you have already found a buyer of services.

When a landlord is going to prepare a package of papers on his own to complete a transaction, then he will need the following documents:

civil passport, if he is an individual;
certificate of registration of a legal entity, if it is an enterprise;

title documentation for a non-residential real estate object - a certificate from the USRN, a sale and purchase agreement, other;

technical documentation for a real estate object;
power of attorney, if there are representatives of the parties involved in the transaction;
consent from the spouse, if the lessor is an individual. the person and the real estate are in joint ownership acquired in marriage;
permission from the bank, if the property is in mortgage alienation under a mortgage or other agreement.

In addition to the above-mentioned securities belonging to legal entities, there are requirements for them to submit a number of other documents as well. These are financial statements, constituent documents, a power of attorney for a representative, and so on.

In the case when the HOA rents out non-residential premises, we are also talking about a legal entity.

Such partnerships are based on their constituent documents, drawn up not without the participation of the tenant of the house (s). Such societies have the right to dispose of non-residential areas owned by the Partnership.

Register the concluded lease with the Regpalat (Rosreestr, USRN - United State Register on Real Estate) is not necessary if:

the term of the agreement is set less than 12 months;
the term in the contract is not indicated at all.

In the opposite case, when the period of validity of the agreement is set for more than 12 months, then registration in the USRN of such an agreement is required.

On one's own

Before making a deal for the lease of non-residential real estate, you should first figure out why it will be used by the tenant (tenant), for what purpose it will be used.

Possible options for the purpose of renting non-residential premises:

under the warehouse;
as a production workshop;
using the premises as an office;
trade area (point);
for the provision of services (trade in services);
like a garage;
for keeping animals, birds, growing plants;
for personal use (for example, as a pantry for storing various things, tools, equipment) and more.

In addition to the intended purpose, they pay attention to the area, size and layout of non-residential premises. The formation of the cost of rent is significantly influenced by the squaring of the areas leased to the tenant.

The location of the facility affects the convenience of production solutions, plans, schedules, and more. Therefore, you should look for a future tenant according to the type and purpose of the property.

In general, the procedure for self-leasing of non-residential premises or buildings, structures consists in the following algorithm of actions:

Preparation and putting in order of documents of the owner and papers for the real estate itself.
Preliminary calculation of the rental price.
Creation of an advertising campaign.
Submission of ads on the Internet or self-posting on bulletin boards around the city.
Receiving calls from potential tenants.
Appointments and verbal agreement on the deal.
Make an appointment with a notary.
Make a deal.
Registration of the contract with the Regpalat (if provided by law in a specific individual case).
Issuance of keys from non-residential premises to the tenant and related documentation (for example, the act of acceptance and transfer of property located in the premises).

To calculate the rental price, you can invite a special expert appraiser who can calculate everything taking into account modern market conditions and even taking into account forecasts for the year ahead.

Such services, of course, are not free, so not every property owner can decide on them. But such an assessment allows the owner of the property to have on hand reports of the expert's calculations.

With such paper, it will be easier for the owner to bargain with future tenants when setting prices for rental services.

Whatever the lease of non-residential premises - through a realtor or individually, you should always first consult with a lawyer or notary about the full package of papers to complete the transaction.

Such consultations are usually free of charge and can be obtained either by phone or on the legal services website. You should pay attention to the purpose of using the premises, then it will be easier to find a tenant.

Important is the need to pay tax - it doesn't matter here, physical. person or legal entity the person is the owner of the premises - he is obliged to contribute 13% of the income to the state treasury through the tax office.

Read about the execution of a lease agreement for non-residential premises for a period of more than a year here.

Registration of a lease agreement for non-residential premises is discussed on this page.

Source: http://kvartirkapro.ru/sdat-v-arendu-nezhiloe-pomeshhenie/

Don't know how to rent out a commercial property? Everything about how to do it yourself and quickly

Offices, warehouses, production and free-use premises - all these types of objects are in demand among entrepreneurs who have their own business or are just starting a business.

To prevent commercial premises from being idle, their owners often decide to lease them. How to quickly find a client, conclude a deal with him, as well as everything about the terms of renting non-residential premises in our article.

Dear Readers! Our articles talk about typical ways of solving legal issues, but each case is unique.

If you want to know how to solve your particular problem, please contact the online consultant form on the right or call. It's fast and!

How to rent out a commercial property?

Leasing a commercial facility is not difficult, and most importantly, profitable. With the right approach and knowledge of the main stages of the process, it will not be difficult to conclude a deal.

The most important thing is to decide on the price, find a client and correctly draw up a contract.

Let's consider all stages of the transaction.

Determination of cost

Determining the lease price is often not objective when you conduct a transaction on your own.

Every owner wants to get the most benefit.

But too high a price can scare off potential tenants, and too low can raise doubts. Usually, for an appraisal of the cost, the owners turn to specialists - a realtor or appraiser.

How to rent out non-residential premises yourself? You can do without the help of professionals. To independently determine the price, you need to study similar offers from competitors. This will provide an opportunity to understand the general situation on the commercial real estate market and correctly assess your premises.

IMPORTANT: The tenant rents a commercial property in order to generate income, therefore, when assessing the cost, it is important to take into account the approximate possible profit that he can receive.

The price is influenced by factors such as:

square;
layout;
repair status;
availability of furniture, internet and other equipment;
location;
availability of parking;
availability for business clients;
patency.

After taking into account these points and monitoring the proposals of competitors, you can objectively assess your object.

Client search

Renting out commercial real estate from the owner involves looking for potential tenants.

Before doing this, you must draw up a commercial offer or announcement.

In it, you need to specify in detail all the characteristics of the property: area, floor, location, infrastructure, technical condition and equipment. It is better to focus attention in the ad on the merits.

At the same time, it is important to point out the shortcomings of the premises, so as not to put yourself in an awkward position when viewing and not to frighten off the client.

Let's take a closer look at ways to find potential tenants.

Search by acquaintances. The easiest way to find someone interested in your proposal is to ask friends and relatives. Often, property owners move in business circles, which means that it simplifies the task of quickly handing over their property.
Placing an advertisement on specialized Internet resources for example Avito. The advantage of this method is that your offer will be seen by hundreds or even thousands of interested parties. To find a tenant as soon as possible, you will need to write a good detailed announcement, describing in it all the pros and cons of the premises.
The ad must be accompanied by several photographs.

This will make it easier for a potential client to make a decision whether to consider it or not.
Submit your offer by email. Bars, restaurants, shops, salons and other organizations and establishments are often looking for premises to move or open another point. You can find out the e-mail of business owners who may be interested on the official websites of their companies.

Document presentation and signing

The correct presentation of your property is the key to a quick deal.

When showing the premises, try to tell more information about it, focusing on the pros and possible profit that the object will bring to the client.

The conclusion of the contract is the last, but the most important and crucial step in the transaction. A correctly drawn up and executed document will protect the owner from an unscrupulous tenant. What should be indicated in it:

personal data of the tenant and owner;
address, area and technical characteristics;
registration data;
deadline;
the amount of payment and the procedure for its transfer;

IMPORTANT: By law, the owner does not have the right to increase the payment more than once a year. Therefore, the contract must indicate the maximum amount of possible rent increases and the period for which the tenant will be warned about it.

It is important in the document to describe in detail the rights and obligations of the parties and indicate the nature of responsibility for violations of each paragraph. It will not be superfluous to supplement the agreement with an inventory of the property available in the premises. After termination of the contract, the owner will be able to receive monetary compensation if the furniture or appliances were damaged by the tenant.

The fastest ways to rent non-residential premises

How to quickly rent a commercial property?

For those who do not want to spend their personal time looking for clients, negotiations and screenings, it is better to contact a realtor.

He will assess the property, establish the correct market value, take attractive photographs, draw up a competent ad and take care of the presentation of your property himself.

However, even working with agents has its own nuances. As a rule, realtors work for a commission on the amount of rent or sale of real estate.

Percentage fees are usually collected from applicants, not owners.

However, not every applicant will be ready to cooperate with an agent who will have to pay money.

Therefore, if the owner urgently needs to find a tenant, then he can take charge of the commission. This is often the case if the owner has a lot of properties or wants to rent out luxury real estate.

The money paid to the agent will go not only to his pocket, but also to the necessary expenses - photo, video presentation, advertising, etc.

Another quick way to rent out a non-residential building or office is to reduce the cost. At the same time, it is not necessary to hand it over for a song, it is enough to lower the payment by 10%. Then your offer will be competitive.

Lease terms

The term of the contract for the lease of non-residential premises is an important point. It is of three types.

Long term- a year or more.
Short- less than a year.
For undefined period.

According to the Civil Code of the Russian Federation, article 610, paragraph 2., if the term is not specified in the contract, then it is considered concluded for an indefinite period. In this case, each party has the right to terminate it at any time, giving three months' notice of its decision.

A short-term contract is concluded for a period not exceeding one year. How to renew a lease agreement for non-residential premises? The renewal takes place automatically for an indefinite period, if both parties are satisfied with everything.

In this case, the re-conclusion of the agreement is not required. In some cases, the owner may insist on the conclusion of a new document in order to change the conditions or payment. This is only possible with the consent of the tenant.

The long-term agreement is subject to registration with the Federal Reserve. The extension of such a lease agreement for non-residential premises occurs in the same way as a short-term one - automatically, with the same conditions, rights and obligations of the parties, or a new document is concluded with amended requirements.

Early termination of the lease agreement for a certain period is possible both on the part of the owner and on the part of the tenant.

Such issues are resolved in court or by mutual agreement of both parties.

Knowing the important nuances and opportunities when leasing commercial real estate will help you conclude a profitable and safe deal that brings you regular passive income.

The most important thing is to decide on the price, find a client and correctly draw up a contract.

Let's consider all stages of the transaction.

Determination of cost

Determining the lease price is often not objective when you conduct a transaction on your own.

Every owner wants to get the most benefit.

But too high a price can scare off potential tenants, and too low can raise doubts. Usually, for an appraisal of the cost, the owners turn to specialists - a realtor or appraiser.

The price is influenced by factors such as:

After taking into account these points and monitoring the proposals of competitors, you can objectively assess your object.

Client search

Renting out commercial real estate from the owner involves looking for potential tenants.

Before doing this, you must draw up a commercial offer or announcement.

At the same time, it is important to point out the shortcomings of the premises, so as not to put yourself in an awkward position when viewing and not to frighten off the client.

Let's take a closer look at ways to find potential tenants.

Search by acquaintances. The easiest way to find someone interested in your proposal is to ask friends and relatives. Often, property owners move in business circles, which means that it simplifies the task of quickly handing over their property.
Placing an advertisement on specialized Internet resources for example Avito. The advantage of this method is that your offer will be seen by hundreds or even thousands of interested parties. To find a tenant as soon as possible, you will need to write a good detailed announcement, describing in it all the pros and cons of the premises.
The ad must be accompanied by several photographs.
This will make it easier for a potential client to make a decision whether to consider it or not.
Submit your offer by email. Bars, restaurants, shops, salons and other organizations and establishments are often looking for premises to move or open another point. You can find out the e-mail of business owners who may be interested on the official websites of their companies.

Document presentation and signing

The correct presentation of your property is the key to a quick deal.

When showing the premises, try to tell more information about it, focusing on the pros and possible profit that the object will bring to the client.

personal data of the tenant and owner;
address, area and technical characteristics;
registration data;
deadline;
the amount of payment and the procedure for its transfer;

The fastest ways to rent non-residential premises

How to quickly rent a commercial property?

For those who do not want to spend their personal time looking for clients, negotiations and screenings, it is better to contact a realtor.

He will assess the property, establish the correct market value, take attractive photographs, draw up a competent ad and take care of the presentation of your property himself.

However, even working with agents has its own nuances. As a rule, realtors work for a commission on the amount of rent or sale of real estate.

Percentage fees are usually collected from applicants, not owners.

However, not every applicant will be ready to cooperate with an agent who will have to pay money.

Therefore, if the owner urgently needs to find a tenant, then he can take charge of the commission. This is often the case if the owner has a lot of properties or wants to rent out luxury real estate.

The money paid to the agent will go not only to his pocket, but also to the necessary expenses - photo, video presentation, advertising, etc.

Lease terms

The term of the contract for the lease of non-residential premises is an important point. It is of three types.

Early termination of the lease agreement for a certain period is possible both on the part of the owner and on the part of the tenant.

Such issues are resolved in court or by mutual agreement of both parties.

Knowing the important nuances and opportunities when leasing commercial real estate will help you conclude a profitable and safe deal that brings you regular passive income.

Renting out real estate is a very profitable business if you treat the procedure with the utmost responsibility. Permanent passive income is always nice, but what if you have an idea to lease a commercial property? This will require a slightly different approach, because there is a big difference between renting an apartment and a large office.

Step-by-step instruction

The process of renting out an object is divided into the following stages:

Determination of the rental value.

The first step is to review and evaluate the largest number of available offers on the market. The larger the sample, the better the result will be (a more accurate indicator of the average rental price for commercial premises).

During the analysis, you can use popular sites like Avito or CIAN. Also, information can be studied in a variety of printed publications. In the absence of a desire to study other offers on your own, it would be reasonable to hire a realtor or broker.

The price for such services can hardly be called high, but it is quite possible to save a decent proportion of nerve cells and time.

The cost of renting commercial real estate should suit not only the owner, but also potential clients. A deliberately high rate is unlikely to be successful, but the following factors can affect the formation of the price tag:

location of the building / premises;
infrastructure (the presence of a cafe in the immediate vicinity, free parking lots, building security);
building class;
quality and level of repair;
layout functionality;
various features of communications (uninterrupted power supply, Internet, the presence of bathrooms, etc.);
other bonuses that can potentially improve the productivity of tenants (Wi-Fi router, coffee machine, comfortable furniture).

After analyzing the prices in the market, you can contact other landlords and try to drop the price. Often, the prices indicated in the offers are indicative and approximate. The value that will be achieved during the negotiations will be enough to find out the average rental rate for similar offers. Enough 5-10 calls to get comparative data on the rental rate.

The most important thing for a commercial property landlord is finding the right client. You can do this yourself, or you can hire a realtor. Both situations have their pros and cons, so choosing what to do is a personal matter.

At independent search the tenant's serious advantage is the presence of its own base. Nevertheless, its absence will not entail big problems, but you will have to spend more energy.

A good way to find a suitable client is to create a website with commercial offer... It is better to promote such a site using contextual advertising with an emphasis on the key audience. Thanks to such advertising, you can easily find an interested audience and avoid high commissions to agencies.

It is most advisable to do this when renting out premises with an impressive area. Such offers are sought by clients who expect a high profitability from the planned activity, and most of all they trust the sites.

If a person wants to buy a very expensive car, will he look for it on dubious resources or will he prefer the official website? So the tenant of commercial real estate has the same opinion.

A completely different matter is small premises for rent. There is no point in creating a site here and free message boards on the Internet (even small ones) are perfect.

Realtor services.

If you do not want to search for interested persons on your own, there is an option for hiring a realtor. This person will independently find the necessary tenants, bring contacts and even conclude the necessary lease agreement on his own.

On the other hand, finding the right people is a delicate and rather complicated / time-consuming business. Not all realtors will agree to this, and masters of their craft in serious agencies will demand a sum of money for such services in the amount of 50% of the rental price for 1 month. And sometimes even more than that.

But nevertheless, with a similar method of searching for tenants, the owner will free himself from significant difficulties. As a result, it will only be a matter of drawing up a contract and preparing all the necessary documentation.

Payment for the services of a realtor is carried out only after the conclusion of a lease agreement. If a realtor or agency requires an advance payment or payment of the amount earlier, it is possible that these are scammers.

Required documentation.

After the tenant is found and all the key points are satisfied by both parties, you can proceed to the execution of the contract. An agreement on the lease of commercial real estate must necessarily contain the following clauses:

complete information about each of the parties;
the exact address of the rental object;
the amount and the payer of utilities;
the amount of the monthly rent;
the date when the object will be leased;
the necessary actions of each party in the event of force majeure situations;
description of the quality of the renovation and the existing furniture;
key conditions according to which you can terminate the lease.

With a lack of the necessary knowledge or experience, it would be wiser to involve a qualified lawyer in the procedure for concluding a contract.

The contract is not the only thing that will be needed when renting out real estate. You should also have with you:

passport of a citizen of the Russian Federation;
document confirming ownership;
floor plan.

When all the documents are in hand, and the parties have successfully concluded the contract, all that remains is to receive the proceeds and monitor the frequency of payments.

Commercial real estate includes office buildings, industrial premises, sports facilities, shops, garages, warehouses and even hotels.

It is possible to accelerate the lease of commercial real estate by reducing the rental rate. Taking into account the fixed costs of maintaining the premises, it would be more correct to rent out real estate at an average or even low rate than to exhibit high price, but for a whole year.

Also, the price of such premises is affected by the availability of:

parking;
catering points (in the same building or in the immediate vicinity);
infrastructure;
high cross-country ability, etc.

In such conditions, the rent can be significantly higher than the market average. And, of course, there is a client for it.

Openness to the wishes of future clients also plays a significant role in the delivery of commercial real estate:

Planning assistance.

A prospective renter may need help or advice on job layout. It would be wise to prepare in advance and offer several ready-made options right away, and the key changes will remain with the client, which he wants to make.

It is much easier to change the ready-made than to create something from scratch. This attitude towards the tenant will undoubtedly be appreciated.

Discussion of details.

The color of the walls in the room, the number of maximum connections to the telephone network or the Internet, as well as the discussion of all other features will help to get the tenant's disposition and persuade him to rent this particular property.

This is a small psychological trick: the more a person delves into details, the higher the chances that such a conversation will remain in his memory. This means that he will focus on him in the first place, weigh the pros and cons, etc.

However, if the entire rental process is built on such gimmicks, it will be a great risk of losing your reputation. If the quality of the lease is significant only in words, then this can threaten with very serious consequences.

Holidays.

If in commercial premises, allocated for renting, there is no finishing, then you can offer the tenant a vacation for payment. That is, he will carry out repairs at his own expense, but while the repair teams are doing their own thing, the client will not pay the rent for the premises.

This is a rather significant plus for a tenant who has clearly decided to rent a property:

if there is no extra money to pay rent and repair at the same time, then this action will cause extremely positive emotions and increase the reputation of the landlord;
Also, renovation vacations will help to persuade a doubting tenant to purchase this particular real estate / premises.

In general, it is possible to temporarily release a client from paying rent in a variety of situations. The main thing is that there are no serious financial losses for both parties. These are the basic features of doing business and tenants (as well as landlords) of commercial real estate are well aware of this.

That is why such actions are widespread, although their use is not required. Especially if the delivery of commercial real estate is not urgent.

The reliability of the landlord.

This is a very important point, which is most clearly manifested in the preparation of the owner's documentation for the tenant. The more guarantees the client receives, the more chances of successful leasing of premises.

The abundance of supporting documents, the absence of gimmicks during the signing of the contract and a good reputation are the key to successful leasing of commercial real estate. The reason is simple:

when renting an apartment, often ordinary citizens are engaged in the issue;
and if the premises are planned to be used for commercial purposes and earn serious money on this business, then the study of each document by the tenant will be as scrupulous as possible.

Risks and other difficulties

It is not only the tenant who is at risk - the same goes for the landlord. The most common causes of conflicts are:

insufficient definition of the legal obligations of the parties in relation to the rented property;
delays in monthly payments and other payments;
misuse of the rented property;
damage / loss of property owned by the lessor;
tax disputes (according to article 146 of the Tax Code of the Russian Federation, the obligation to pay VAT is imposed only on the lessor with the possibility of deducting the amount of tax by the lessee if there is an appropriate document).

All these conflict situations directly depend on the concluded agreement. Each of the points should be described as accurately as possible, since this minimizes risks for both parties at once. It is important to take a responsible attitude to the conclusion of the contract in order to avoid such situations.

Commercial property lease is not very different, but it has a number of key features. The most important thing is to conclude a contract. In any situation, the parties will rely only on him, therefore, it is necessary to focus their attention when making a deal on this document.

Many people own various non-residential properties that are not used for any purpose. Renting them out is considered the best opportunity, since under such conditions a constant and high income is provided. For this, the lessor can act as an individual, individual entrepreneur or business owner. The procedure for leasing non-residential premises must be carried out competently, for which formal contracts are drawn up with tenants. The need to pay taxes on the income received is taken into account.

Rules for the provision of objects for rent

Many property owners use this activity. Leasing 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 object, therefore, he must have official documents for this property;
An individual entrepreneur who has specially registered with the Federal Tax Service to conduct this activity, and usually for paying taxes is chosen by entrepreneurs of the STS, PSN or UTII, 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 by any of the above-mentioned owners, different nuances are taken into account. If the lease 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 liable.

Rules for leasing objects to individuals

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

office creation;
warehouse organization;
the formation of a manufacturing enterprise;
creation of shops.

A citizen can act as a party to a lease. People must be the direct owners of the objects, therefore they must have the appropriate title documents and an extract from the USRN. The peculiarities of leasing non-residential premises by an individual include the following:

citizens must make an entry in the Rosreestr in advance that the existing premises are non-residential, and technical and cadastral parameters must additionally be indicated;
if the premises are not registered in the cadastral register or are unaccounted for, then it is not allowed to officially transfer it for use to other persons;
leasing an object for use by companies or other citizens is a property transaction, therefore, a civil contract with the owner is certainly concluded;
so that the documentation is formalized and competently, 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, it is not required to register the document with Rosreestr.

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

If the lease of non-residential premises is carried out by an individual, then the citizen must prepare certain documentation in advance. It includes the following papers:

passport of a citizen who is the owner of the premises;
certificate of ownership, which can be replaced by a new extract from the USRN, which indicates the direct owner of the object;
technical certificate;
other technical documents issued to the owner by BTI employees;
an extract from Rosreestr, confirming that there are no encumbrances at the facility, represented by arrest, bail or other restrictions.

It is allowed to involve 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 a fairly significant passive income.

If the agreement is registered with 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 out nat. by persons of non-residential premises requires the calculation and payment of income tax.

To do this, it is required to annually submit to the Federal Tax Service a 3-NDFL declaration, which indicates all the income of a citizen from the lease of an object. Additionally, this document provides the correct amount of personal income tax. Therefore, 13% will have to be paid from 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 the 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 the owners of immovable objects that they prefer to lease, 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 of an individual entrepreneur takes place taking into account the nuances:

the conclusion of a contract with tenants is necessarily fixed by an official agreement, which prescribes the duration of the contract, features of the property, the cost of rent and other important features;
if the term of the agreement exceeds a year, then the contract is registered with Rosreestr;
for the income received, taxes are paid by individual entrepreneurs, for which the entrepreneur can choose the patent system, the simplified tax system or UTII;
the direct transfer of funds should be recorded, for which receipts are drawn up, but most often money is transferred to a current account, therefore, it is possible to prove the receipt of money using bank statements.

By using simplified tax systems, citizens are able to avoid paying a significant tax. Most often, when leasing 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 of an individual entrepreneur must be officially carried out. Taxation depends on the chosen regime, but at the same time it is important not only to correctly calculate and pay taxes on time, but also to draw up the declarations necessary for employees of the Federal Tax Service.

What documents are required from an individual entrepreneur?

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;
documents of title to the real estate object;
technical papers for the object.

A correctly drawn up contract is certainly submitted to the Federal Tax Service together with a declaration, since it acts as a confirmation of the conduct of specific activities.

Specificity of leasing premises by companies

Often, various non-residential properties are owned not by individuals, but by enterprises. Firms often decide to lease 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 tenants, to which various documentation from the company is attached;
the organization must pay tax on the income received, which is calculated on the basis of the applicable tax regime, and companies can combine several systems at once in order to save money on fees.

If the company is not the direct owner of the object, 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 company is the lessor, then in order to draw up the contract it is required to prepare the documentation by the company:

certificate from the Unified State Register of Legal Entities;
constituent documents of the enterprise;
title papers for the object, confirming that the company really has the right to lease this premises;
if the object is subleased, then 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, firms with significant areas lease them, since they do not use them on their own for any purpose. Renting out non-residential premises provides a significant passive income, so many firms resort to this method of earning money. When drawing up an agreement with a company, it is imperative to register it with Rosreestr.

Renting out of objects by the municipality

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

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

to determine the tenant, an official auction is certainly held;
a lease is concluded with the bidder offering the highest rent;
tenders are 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 website of the regional administration;
only after registration, all participants are invited to the auction;
a deposit is paid by all applicants, represented by an entrance fee, and usually it is equal to 10% of the value of the object;
the rental price is calculated based on the cadastral price of the property;
if only one bidder is bidding, then no bidding will take place, so the bidder issues a lease without an auction.

The administration may provide an opportunity to draw up a contract for long term exceeding 10 years.

Rules for drawing up a contract

Regardless of who is the landlord, it is important to correctly draw up a lease. It is with his help that the competent registration 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 are indicated;
the parties involved in the transaction are registered;
if the participants are individuals, then their full names, dates of birth and information from passports are registered;
if the tenant or lessor is a company, then its details are indicated;
the technical features of the real estate object are prescribed, as well as the address of its location;
lists the conditions on the basis of which the property can be used;
the term and cost of the lease is indicated;
it is allowed to include a clause on the basis of which in the future the lessee will have the opportunity to redeem the property;
lists the rights and obligations of each party to the transaction;
the responsibility of the parties is indicated, since if they violate the clauses of the agreement for various reasons, then different sanctions or other measures of influence will be applied to them;
the conditions are given on the basis of which the contract can be terminated ahead of schedule;
lists the situations when you will have to go to court to resolve various conflict issues;
fit different force majeure circumstances in which the participants in the transaction must behave in a specific way.

This documentation is not required to be certified by a notary. With the help of this official document, the procedure for renting residential and non-residential premises is regulated. Documentation is prepared in triplicate, since one remains with the lessor, the second is transferred to the tenant, and the third is used for registration with Rosreestr. The contract comes into force only after registration. Renewal of the contract is allowed if there is an agreement between the parties. A sample contract is presented below.

Rules for drawing up an act of acceptance and transfer

As soon as an agreement is drawn up, on the basis of which the lease of non-residential premises by an individual entrepreneur, individual or company is carried out, 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, it is advisable to draw up an act of acceptance and transfer. A document is formed in the presence of third parties, confirming that the participants in the transaction are indeed bona fide and capable.

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

condition of floor and wall coverings;
the presence of plumbing fixtures;
location and technical features of communications.

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

What tax regimes are used by the landlord?

Property owners who rent out real estate receive a certain income from this process, which is required to pay tax. Individuals pay 13% of 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. Local authorities may increase rates for office or retail real estate. The tax base is income for a 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 the lease of non-residential premises. This taxation system is considered the most beneficial for many entrepreneurs. Only IP patent can be applied. Leasing non-residential premises under such conditions does not require the preparation and submission of various reports to the Federal Tax Service. Therefore, it is enough only to initially acquire a patent at the optimal cost for a specific period of time. They can acquire a patent for an individual entrepreneur for different periods. Renting out non-residential premises using this regime is considered a profitable process.
OSNO. Rarely is this system chosen for renting out objects, as it is necessary to pay a large amount of taxes and deal with accounting. Typically, this mode is used by firms that do not want to combine multiple systems.
UTII. Leasing of non-residential premises under this regime is usually chosen only if there is a small-sized object. If the room has a significant area, then it is more advisable to choose the USN or patent. When calculating UTII, a physical indicator is taken into account, represented by the area of real estate. Therefore, it is optimal to choose this mode if the object does not exceed 30 square meters in size. m.

The choice of a particular system depends on the direct tenants. Some firms and individual entrepreneurs prefer to combine several regimes altogether, which makes it possible 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 objects at all, therefore they act only as intermediaries.

The procedure for the provision of real estate for rent presupposes the competent execution of the transaction, for which an official agreement is drawn up between the participants, which is registered with the Federal Register.

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