Home Zander Non-residential premises in a non-residential building for rent. How to rent out residential or non-residential premises and not be afraid of taxes? The agreement must indicate

Non-residential premises in a non-residential building for rent. How to rent out residential or non-residential premises and not be afraid of taxes? The agreement must indicate

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

Legislation

Issues of leasing non-residential properties are regulated by the Federal Law “On State Registration of Rights to Real Estate and Transactions with It” and the Civil Code of the Russian Federation. According to the law, non-residential objects include those that are part of buildings, but are not suitable for living.

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

Sequence of actions

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

Selection of real estate

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

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

Office;
Trading;
Production;
Warehouse.

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

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

Conclusion of an agreement

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

property documents;
floor plan;
owner's charter documents.

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

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

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

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

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

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

Transfer of premises

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

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

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

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

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

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

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

There are the following features of sublease:

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

The following rights and obligations of the tenant are highlighted:

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

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

Required documents

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

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

Taxes

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

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

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

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

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

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

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

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

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

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

The owner of the premises must file tax returns annually.

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

Renting out real estate is a very profitable business if you treat the procedure with maximum responsibility. Constant passive income is always pleasant, but what if the idea arose to provide commercial real estate for rent? This will require a slightly different approach, because there is a big difference between renting an apartment and a large office.

Step by step instructions

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

Determination of rental value.

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

During the analysis, you can use popular sites like Avito or CIAN. Information can also be studied in a variety of printed publications. If you have no desire to study other offers yourself, it would be wise to hire a realtor or broker.

The price for such services can hardly be called high, but saving a decent amount of nerve cells and time is quite possible.

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

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

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

The most important thing for a commercial property landlord is to find 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 for everyone.

When searching for a tenant on your own, a serious advantage is having your own base. However, its absence will not lead to big problems, but you will have to spend more effort.

In a good way Finding a suitable client means creating a website with a commercial offer. It is better to promote such a site using contextual advertising with an emphasis on key audiences. 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 out by clients who expect high returns from their planned activities, and who trust websites most of all.

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? The tenant of commercial real estate is of the same opinion.

A completely different matter is small premises for rent. There is no point in creating a website and free online message boards (even small ones) are perfect.

Realtor services.

If you don’t want to search for interested parties yourself, there is the option of hiring a realtor. This person will independently find the right tenants, make contacts and even independently conclude the required lease agreement.

On the other hand, finding the right people is a delicate and rather complex/time-consuming matter. Not all realtors will agree to this, and masters of their craft in serious agencies will require 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 still, with this method of searching for tenants, the owner will free himself from significant difficulties. In the end, it will only be a matter of drawing up the contract and preparing all necessary documentation.

Payment for the realtor's services is made only after the conclusion of the lease agreement. If a realtor or agency requires you to make an advance payment or pay the amount earlier, they may be scammers.

Required documentation.

Once a tenant has been found and all key points are satisfied by both parties, you can begin to draw up a contract. An agreement on the lease of commercial real estate must necessarily contain the following clauses:

complete information about each of the parties;
exact address rental object;
amount and utility payer;
monthly rental amount;
the date when the property will be rented out;
necessary actions of each party in the event of force majeure situations;
description of the quality of repairs and existing furniture;
Key conditions under which a lease agreement can be terminated.

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

A contract is not the only thing you need 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.

You can speed up the leasing of commercial real estate by reducing the rental rate. Taking into account the constant costs of maintaining the premises, it would be more correct to rent out real estate at an average or even low rate than to set a high price, but for the whole year.

The price of such premises is also affected by the availability of:

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

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

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

Help with planning.

A potential tenant may need help or advice with workspace layouts. It would be wise to prepare in advance and offer several ready-made options right away, and the key changes will be left to the client, which he wants to make.

It is much easier to change something ready-made than to create something from scratch. Such 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 a discussion of all other features will help gain the tenant's favor and persuade him to rent this particular property.

This is a small psychological trick: the more a person goes into detail, the higher the chances that such a conversation will be etched in his memory. This means that he will focus on him first of all, weigh the pros and cons, etc.

However, if the entire rental process is based on such tricks, there will be a big risk of losing your reputation. If the quality of the rental is significant only in words, then this can lead to very serious consequences.

Holidays.

If the commercial premises allocated for renting do not have finishing, then you can offer the tenant a payment holiday. That is, he will carry out repairs at his own expense, but while the repair crews are doing their job, the client will not pay rent for the premises.

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

if there are no extra funds to pay rent and repairs at the same time, then this action will only cause positive emotions and will improve the reputation of the landlord;
Also, renovation holidays will help persuade a hesitant tenant to purchase this particular property/premises.

In general, you can temporarily exempt 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 basic features of doing business, and tenants (as well as landlords) of commercial real estate understand this very well.

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

Lessor reliability.

This is a very important point, most clearly manifested when preparing documentation from the owner for the tenant. The more guarantees the client receives, the greater the chances of successfully leasing the premises.

An abundance of supporting documents, no tricks when signing an agreement and a good reputation are the keys to successful leasing of commercial real estate. The reason is simple:

when renting an apartment, the issue is often dealt with by ordinary citizens;
and if the premises are planned to be used for commercial purposes and to earn serious money from this business, then the tenant will study each document as scrupulously as possible.

Risks and other difficulties

Not only the tenant is exposed to risks - the same applies to the landlord. The most common causes of conflicts are:

insufficient definition of the legal obligations of the parties regarding the leased property;
delays in monthly payments and other payments;
use of rented property for other purposes;
damage/loss of property belonging to the lessor;
taxation disputes (according to Article 146 of the Tax Code of the Russian Federation, the obligation to pay VAT is assigned only to the lessor with the possibility of deducting the amount of tax by the lessee if the appropriate document is available).

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 approach to concluding a contract in order to avoid such situations.

Renting a commercial property is not much different, but has a number of key features. The most important thing is the conclusion of the contract. In any situation, the parties will rely only on it, therefore, when concluding a transaction, they need to concentrate their attention on this document.

The process of leasing non-residential premises to a legal entity. face or physical face has some nuances and sometimes raises many questions. To carry out the activities of any organization, appropriate premises are required, which is not always possible to acquire as property. That is why it is more advisable to rent the necessary space.

Procedure for leasing non-residential premises by an individual

Is a physical required? individuals registration of individual entrepreneurs

In the Civil Code of the Russian Federation, Articles 130 and 213, paragraph 1, enshrine the right of any individual and legal entity to own non-residential property.

A citizen who is the owner of a particular area, according to the law, is able to own this property, dispose of it and use it at his own discretion. This right is noted in Article 209 of the Civil Code of the Russian Federation. Renting non-residential premises is a privilege of any citizen, enshrined in Article 608 of the Civil Code of the Russian Federation.

From the above data it follows that an individual can exercise his right to dispose of real estate owned by him. At the same time, he is not obliged to become an individual entrepreneur (i.e., open an individual entrepreneur), because Russian legislation does not contain such a condition.

The exception is the conduct of business activities by individuals. person by renting out space. In this case, it is necessary to open an individual entrepreneur.

In what cases is it necessary to obtain individual entrepreneur status?

Individuals can engage in entrepreneurial activity only after completing the appropriate registration procedure and obtaining the status of an individual entrepreneur. However, a citizen is not obliged to become a legal entity (Article 23, paragraph 1 of the Civil Code of the Russian Federation).

Entrepreneurial activity is distinguished by several characteristic features:

regular receipt of cash proceeds as a result of the use of property (Article 2, Part 1 of the Civil Code of the Russian Federation);
maintaining records of operations and transactions;
the presence of stable connections with tenants;
acquisition of real estate to make a profit during its sale or in the process of use;
regular execution of transactions in a specific period;
purchase of several non-residential premises for a similar purpose.

The key factor for the recognition of entrepreneurship is the rental of physical units. the person of real estate is to provide evidence that the transactions being carried out relate to activities for the purpose of obtaining permanent income.

For example, such confirmation could be the signing lease agreement for one year or more, repeated transactions with the same legal entities, etc. In this case, the citizen is obliged to register an individual entrepreneur.

Consequences for committing illegal business activities

When carrying out business by leasing physical space. by a person who has not undergone the appropriate registration of an individual entrepreneur, legal proceedings are initiated against him.

The offender is subject to one of two types of liability:

criminal (collection of up to 300 thousand rubles, assignment of compulsory labor in the amount of up to 480 hours, a fine in the amount of income for 2 years or arrest for up to six months under Article 171 of the Criminal Code of the Russian Federation);
administrative (collection from 500 to 2 thousand rubles under Article 14.1 of the first Code of Administrative Offenses of the Russian Federation).

Rules for concluding lease agreements

Russian legislation does not have special rules for regulating the transfer of non-residential premises for rent, therefore, when drawing up an agreement, it is necessary to focus on Chapter 34 of the Civil Code of the Russian Federation, which includes general information about rent.

Based on Article 606 of the Civil Code of the Russian Federation, the landlord, who in this case is not a legal entity, undertakes to transfer the rented space to the tenant for temporary use or possession after making a certain payment.

The agreement itself is drawn up in accordance with Articles 434, Part 2 and 609, Part 1 of the Civil Code of the Russian Federation in writing and with the signing of papers by both participants.

The contract must indicate the following conditions, without which the document will be considered invalid:

details of both parties entering into the agreement;
characteristics of the leased property (according to Article 607, Part 3 of the Civil Code of the Russian Federation, it is impossible to make a conclusion without indicating this data);
conditions for using the facility;
amount of rental payments.

The validity period may not be indicated in the document, in which case the agreement is concluded for an indefinite period (Article 610, Part Two of the Civil Code of the Russian Federation).

Also, the text must contain a code according to OKVED (a general classifier for various types of economic activity throughout Russia). For renting non-residential premises, OKVED number 70.20.2 is used.

The characteristics of the object include:

inventory number;
exact address (including floor and location on the floor);
functional purpose (for example, office, warehouse, etc.);
Name;
square.

An agreement is called officially concluded only after the fact of its registration with the state. bodies of Rosreestr (Article 609 of the Civil Code of the Russian Federation). When drawing up with individuals or legal entities for a period of up to one calendar year, contracts do not require appropriate registration and can be concluded in any form (the same applies to extending the contract for the same period).

For government Registration will require the following documents:

application (provided by a notary or a specialist who accepts the necessary papers);
agreement with all available annexes;
ID card (passport);
receipt of payment of state duty (1,000 rubles);
additional documentation, if necessary (consent of the spouse, permission from the guardianship authorities, etc.).

Landlord taxation

Any premises that generate income are subject to tax. The timing of payment and the procedure for its calculation depend directly on the status of the taxpayer:

6% of the rent amount under the simplified tax system with additional insurance contributions (for individual entrepreneurs);
13% personal income tax with one-time payment (for individuals, art. 208, clause 1, clause 4 of the Tax Code of the Russian Federation).

Tax evasion will result in criminal liability or an administrative fine.

The procedure for leasing non-residential premises to a legal entity. face

A legal entity (for example, a real estate agency) can also act as a lessor. Based on Articles 213, paragraph 1, 209, paragraphs 1–2, 608 of the Civil Code, legal entities have the same rights to own, dispose and use real estate as individuals.

There is no limit on the number of available or rented non-residential premises, which is enshrined in Part 2 of Article 213 of the Civil Code of the Russian Federation.

Features of leasing legal premises. persons

The conclusion of a lease agreement and the regulation of the relations that arise after this are carried out in accordance with Articles of the Civil Code of the Russian Federation from 606 to 670.

The code for the activities of legal entities according to OKVED is indicated 70.20.2. The document must be drawn up exclusively in writing, regardless of the period of time for which the premises are rented, if one of the participants has the status of a legal entity (Article 609, Part 1 of the Civil Code of the Russian Federation).

All contracts must also contain the following data, without which the document will not be recognized as valid:

characteristics of the premises being rented;
details of the participants who entered into the agreement (Articles 432 and 606 of the Civil Code of the Russian Federation);
amount of rental payments;
nuances of using the premises and its repair;
signatures of both parties;
if there is no term for concluding the contract in the text of the document, it is recognized as concluded for an indefinite period (Article 610, part two of the Civil Code of the Russian Federation).

The agreement and all annexes to it are subject to registration with the state. register when signing for a period of more than one calendar year. Only after this is it considered officially concluded (Article 609 of the Civil Code of the Russian Federation). To register with the state. authorities, a legal entity will require the following documentation:

registration application;
a signed agreement with all attachments;
cadastral passport of the premises;
confirmation of the legal status of a legal entity (certificate of state registration, constituent documents, etc.);
papers confirming payment of the state duty (15,000 rubles);
additional documents, if required (for example, documents confirming the powers of representatives of the tenant or legal entity, etc.).

Renting non-residential premises from an individual

When concluding a lease agreement with a lessor who is not a legal entity, you must pay attention to the following nuances:

the document must indicate the address and characteristics of the object;
rental payments are not subject to VAT due to the fact that the contract is concluded with an individual. face;
The amount of rent payments may also include utility bills;
Payments are made in several ways - non-cash to an individual's bank account. persons or cash;
changes in the amount of the fee can occur no more than once annually (Article 614, Part 3 of the Civil Code of the Russian Federation);
when specifying a lease term of more than one year, it is necessary to register the agreement with the territorial body of Rosreestr.

Still have questions? Write your question in the form below and receive detailed legal advice:

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

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

Let's consider all stages of the transaction.

Determination of cost

When conducting a transaction independently, determining the cost of rent is often not objective.

Every owner wants to get the greatest benefit.

But too much high price may scare away potential tenants, and too low may raise doubts. Typically, owners turn to specialists - a realtor or appraiser - for an assessment of the value.

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

IMPORTANT: The tenant rents a commercial property for the purpose of generating income, so 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:

After taking these points into account and monitoring competitors’ offers, you can objectively evaluate your property.

Search for a client

Leasing commercial real estate from the owner involves searching for potential tenants.

Before doing this, you need to create commercial offer or announcement.

It must indicate 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 advantages.

At the same time, it is important to indicate the shortcomings of the room, so that when viewing you do not put yourself in an awkward position and do not frighten off the client.

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

Search by friends. The easiest way to find a person interested in your proposal is to ask friends and relatives. Often, property owners move in business circles, which means this simplifies the task of quickly renting out their property.
Placing an ad on specialized Internet resources, for example, Avito. The advantage of this method is that your proposal 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 advertisement, describing all the pros and cons of the premises.
The advertisement must be accompanied by several photographs.
This will make it easier for a potential client to decide whether it is worth considering or not.
Sending an offer by email. Bars, restaurants, shops, salons and other organizations and establishments are often looking for premises to move or open another location. You can find out the email addresses of business owners who may be interested on the official websites of their companies.

Presentation and signing of the document

Proper presentation of your property is the key to quickly concluding a deal.

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

Concluding an agreement is the last, but most important and responsible step in the transaction. A correctly drawn up and executed document will protect the owner from an unscrupulous tenant. What should be included in it:

personal information of the tenant and owner;
address, area and technical specifications;
registration data;
due date;
the amount of payment and the procedure for its transfer;

IMPORTANT: By law, the owner does not have the right to increase the fee more than once a year. Therefore, the contract must indicate the maximum amount of a possible rent increase and the period during which the tenant will be notified about this.

It is important in the document to describe in detail the rights and obligations of the parties and indicate the nature of liability for violations of each clause. It would be useful to supplement the agreement with an inventory of the property available on the premises. After termination of the contract, the owner will be able to receive monetary compensation if the furniture or equipment was damaged by the tenant.

The fastest ways to rent out non-residential premises

How to pass quickly commercial real estate?

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

He will evaluate the property, set the correct market value, take attractive photographs, draw up a competent ad and will present your property himself.

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

The fee, in the form of a percentage, is usually taken from the applicants, not the 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, he can pay the commission himself. This is often practiced if the owner has many properties or wants to rent out luxury real estate.

The money paid to the agent will not only go into his pocket, but also for necessary expenses - photos, video presentations, 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 rent it out for next to nothing; it is enough to reduce the payment by 10%. Then your offer will be competitive.

Rental periods

The validity period of a lease agreement for non-residential premises is an important point. It comes in three types.

According to the Civil Code of the Russian Federation, Article 610, paragraph 2., if the contract does not specify a period, 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 of no more than a year. How to renew a lease agreement for non-residential premises? The extension occurs automatically for an indefinite period if both parties are satisfied with everything.

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

A long-term agreement is subject to registration with the Federal Reserve System. 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 with changed requirements is concluded.

Early termination of a tenancy 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 persons.

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

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

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

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

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

When is it impossible to avoid opening a private enterprise?

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

Which includes:

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

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

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

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

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

One of the following penalties may be applied to him:

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

How is an agreement concluded with legal entities and individuals?

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

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

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

The contract must contain mandatory information, which includes:

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

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

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

The document must reflect the following information:

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

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

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

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

How is taxation carried out?

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

If the lessor is an organization

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

An agreement with a legal entity must be drawn up in writing. It does not matter for what period the property is provided.

The contract must also contain mandatory information, which includes:

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

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

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

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

If the lessor is an individual

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

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

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