Contract law. Lease agreement for buildings and structures (most important)

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Contract law. Lease agreement for buildings and structures (most important)

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36. LEASE OF BUILDINGS AND FACILITIES

Building lease agreement - this is an agreement by virtue of which the lessor undertakes to transfer a building or structure for temporary possession and use or temporary use to the lessee, and the lessee undertakes to pay rent (Clause 1 of Article 650 of the Civil Code of the Russian Federation).

The contract for the lease of a building, structure is:

1) real - is considered concluded from the moment of transfer of the building, structure to the lessee by the lessor;

2) paid;

3) mutual - the existence of subjective rights and obligations of both parties to the lease agreement.

The subject of the lease buildings, structures is a building or structure that is inextricably linked to land and is real estate. The tenant of a building or structure also acquires the right to use during the lease term that part of the land plot that is occupied by this property and is necessary for its use (clause 1, article 652 of the Civil Code of the Russian Federation). Lease of a building or structure located on a land plot that does not belong to the lessor on the right of ownership is allowed without the consent of the owner of this plot, if this does not contradict the conditions for using such a plot established by law or an agreement with the owner of the land plot

In cases where the land plot on which the leased building or structure is located is sold to another person, the tenant of this building or structure retains the right to use the part of the land plot that is occupied by the building or structure and is necessary for its use, on the terms that were in force before the sale of the land site.

In addition to the subject essential condition contract is a condition of rent. In the absence of this condition, the lease agreement for a building or structure is considered not concluded. The rent stipulated in the agreement for the use of a building (structure) also includes payment for the use of the land plot on which it is located (or the corresponding part of the plot transferred with it), unless otherwise provided by law or the agreement (paragraph 2 of Article 654 Civil Code of the Russian Federation).

Form of contract

▪ written. It is concluded by drawing up a single document signed by the parties. Failure to comply with the form of the contract entails its invalidity.

A lease agreement for a period of at least a year is subject to state registration and is considered concluded from the moment of such registration (Article 651 of the Civil Code of the Russian Federation).

The transfer by the lessor of a building or structure and its acceptance by the tenant is carried out according to the transfer act or other transfer document signed by the parties.

Author: Rezepova V.E.

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