Is it possible to rent out the premises without rent? Everything you need to know if you are planning to rent out non-residential premises. For what period should the contract be concluded?

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

Transactions for the lease of non-residential premises, in which the participants are civilians, are concluded according to certain rules, in many ways similar to transactions with legal entities or individual entrepreneurs.

There are general rules, following which you can effectively and quickly rent out real estate that is not part of the housing stock.

In addition, there are specific features when renting non-residential real estate free of charge, or vice versa, to an individual, etc.

Let us consider, as an example, several variants of situations in which it is possible to lease non-residential premises according to your own conditions.

Based on clause 1 of Article 209 of the Civil Code of the Russian Federation, as well as other legal standards, 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 an individual entrepreneur (hereinafter referred to as an individual entrepreneur) in order to legally receive income from renting out premises or a non-residential building or structure.

If the owner of the property does not use regular hired labor, then the law allows not to become an individual entrepreneur (clauses 1-4 of Article 19 of the Civil Code of the Russian Federation).

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

This means that the rent can be quite easily established in accordance with the contractual conclusion of the lease agreement.

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

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

1. Information about the object must be indicated - the exact address, location, cadastral registration number, operational and technical information (for example, area, number of floors, amenities for work, etc.).
2. No VAT to be paid by legal entities. the person is not required because the contract is concluded not with another enterprise, but with a citizen.
3. The rental price may include payments for utilities. This is convenient for correct accounting of expenses for the enterprise.
4. The form of payment must be specified in the contract - non-cash or with payment of funds in cash.
5. Legal the person paying the individual payment to a person for the temporary use of his property is also a tax payer under personal income tax (clause 1 of article 226 of the Tax Code of the Russian Federation). Therefore, an enterprise can independently transfer 13% to a tax organization for this transaction.

Thanks to the modern payment system, legal entities can pay with individuals using non-cash payments.

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

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

Is it possible to take physical? face

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

The lease agreement will need to indicate:

• OKVED legal code persons (70.20.2);
• duration of the agreement;
• personal information of individuals faces;
• full characteristics of the premises;
• cadastral number of the object;
• rent amount;
• the procedure for the tenant (individual) to pay fees for the use of the premises to the landlord (legal entity);
• indicate details and special aspects of the rental (rules, operating procedures, possibility of repairs, etc.).

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

Is it possible for free

In Russian legislation, there is no compulsion for the owners of non-residential premises to rent out their property without fail for a fee. This is the right of the owner, and not his obligation before the law.

Therefore, a gratuitous transaction is just as possible as a paid one, despite clause 1 of Article 540 of the Civil Code of the Russian Federation, which states that the tenant undertakes to pay for the rental service to the owner of the property.

You can see a sample 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 for rental services faster than it was fashionable to do on their own.

Documentation

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

When the 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 property - a certificate from the Unified State Register of Real Estate, a purchase and sale agreement, etc.;

• technical documentation for the real estate;
• 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 property are jointly owned during the marriage;
• permission from the bank if the property is foreclosed on under a mortgage or other agreement.

In addition to the above papers belonging to legal entities, there are also requirements for them to submit a number of other documents. These are financial statements, constituent documentation, power of attorney for a representative, etc.

In the case where the HOA leases non-residential premises, we are also talking about a legal entity.

Such partnerships are based on their constituent documentation, drawn up with the participation of the resident of the house (houses). Such societies have the right to dispose of non-residential areas owned by the Partnership.

There is no need to register the concluded lease agreement in the Registration Chamber (Rosreestr, EGRN - Unified State Register of Real Estate) if:

• the agreement term is set to be less than 12 months;
• There is no deadline specified in the contract at all.

Otherwise, when the validity period of the agreement is set for more than 12 months, then registration of such an agreement in the Unified State Register of Real Estate is mandatory.

On one's own

Before executing a transaction to lease non-residential real estate, you should first understand what it will be used by the tenant (tenant) and for what purpose it will be used.

Possible options for the intended purpose when renting non-residential premises:

• for a warehouse;
• as a production workshop;
• using the premises as an office;
• shopping 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 storage room for storing various things, tools, equipment) and more.

In addition to the intended purpose, attention is paid to the area, size and layout of non-residential premises. The formation of the cost of rent is significantly influenced by the square footage of the space leased to the tenant.

The location of the facility affects the convenience of production decisions, 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 independently leasing a non-residential premises or building or structure consists of the following algorithm of actions:

1. Preparation and putting in order the owner’s documents and papers for the property itself.
2. Preliminary calculation of rental cost.
3. Creation of an advertising campaign.
4. Posting advertisements on the Internet or posting them yourself on notice boards around the city.
5. Receiving calls from potential tenants.
6. Setting up meetings and verbal agreement on the deal.
7. Make an appointment with a notary.
8. Make a deal.
9. Registration of the agreement in the Registration Chamber (if this is provided by law in a specific individual case).
10. Issuance of keys to non-residential premises to the tenant and related documentation (for example, an act of acceptance and transfer of property located on the premises).

To calculate the cost of rent, you can invite a special expert appraiser who can calculate everything taking into account current 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 property owner to have in hand reports of expert calculations.

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

Whatever the purpose of leasing non-residential premises - through a realtor or individually, you should always first consult a lawyer or notary about the full package of papers for completing the transaction.

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

Read about drawing up 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 commercial real estate? All about how to do it yourself and quickly

Offices, warehouses, industrial 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 ensure that commercial premises do not just sit idle, their owners often decide to rent them out. 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 to resolve legal issues, but each case is unique.

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

How to rent out commercial real estate?

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 a price that is too high can scare off potential tenants, and a price that is too low can 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:

• square;
• layout;
• state of repair;
• availability of furniture, internet and other equipment;
• location;
• availability of parking;
• accessibility for business clients;
• permeability.

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 make a commercial offer or advertisement.

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.

1. 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.
2. 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.

3. 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;
• deadline;
• 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 quickly rent out 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.

1. Long term– a year or more.
2. Short- less than a year.
3. For undefined period.

According to the Civil Code of the Russian Federation, Article 610, clause 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.

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

In that case, if an individual is registered as an individual entrepreneur, the question does not arise at all: Everyone understands that entrepreneurs can rent premises for offices, shops, warehouses or workshops - and can, if possible, rent out such real estate. But is registration with the Unified State Register of Enterprises required in order to enter into such agreements?

In reality, no. Art. 608 of the Civil Code of the Russian Federation states that property can be leased either by the owner, or by a person authorized by him, or by someone who, by virtue of law, is granted the right to act on behalf of the owner. The law no longer mentions any additional restrictions (for example, the need to have individual entrepreneur status and register with the Unified State Register of Individual Entrepreneurs) and does not establish any barriers.

Article 608 of the Civil Code of the Russian Federation. Landlord

The right to lease property belongs to its owner. Lessors can also be persons authorized by law or the owner to lease property.

The mere fact of leasing real estate of any type is not enough to talk about entrepreneurship. The Plenum of the Supreme Court of the Russian Federation in 2004, by resolution No. 23 concerning illegal entrepreneurship, clarified that if an individual has real estate, but he personally does not need it at this time, he has the right to use it, including for renting out (clause 2 resolutions). A similar position was expressed in paragraph 13 of the resolution of the Plenum of the RF Armed Forces No. 18 of 2006.

Thus, a one-time transaction is not enough to hold a citizen accountable for illegal business or to require him to urgently register with the Unified State Register of Individual Entrepreneurs. It is required that such transactions be systematic.

Can an individual be a landlord?

For organization

There is no direct ban on this. According to Article 130 and Article 213 of the Civil Code of the Russian Federation, a citizen has the right to own any property for which restrictions are not established by law - and to dispose of his property as he sees fit.

Accordingly, from the point of view of current legislation, there is no prohibition on leasing real estate from an individual to a legal entity - and is not expected in the foreseeable future.

For another individual

To the question whether it is possible to rent out non-residential premises to an individual, the answer from the legal perspective is positive. The provisions of the Civil Code regarding the lease agreement do not in any way limit the subject composition of the participants in the legal relationship. Accordingly, there are no restrictions on agreements under which one citizen, who is not an individual entrepreneur, leases real estate to a second person, who also does not have entrepreneurial status, any real estate property - including non-residential ones.

The mere conclusion of a property lease agreement gives the tenant the right only to demand that the property be transferred to him. The question of what the tenant will do with it later is not considered by law, and no restrictions are placed. Accordingly, even if one citizen rented out a non-residential property to another, and he used it for illegal business, the agreement will still not be declared invalid.

Are there any restrictions?

The only legal limitation for renting is the need to pay taxes. No one has canceled personal income tax - and therefore if an individual rents out non-residential premises, he will need to pay:

• 13% - if he is not an individual entrepreneur;
• 6% – if the individual entrepreneur is “simplified”.

However, the Unified State Register of Real Estate, where real estate rights are recorded, does not know the division of citizens into individual entrepreneurs and non-individual entrepreneurs - in it the distinction is established only at the level of “individuals - organizations”. Therefore, the contract itself can be concluded without restrictions.

Is it possible to enter into an agreement as a tenant?

As for the question of whether an individual can rent non-residential premises, there are no restrictions here either. Moreover, Some of the non-residential real estate can also be used for personal purposes. For example, the law does not contain any prohibitions on a citizen renting a garage to house his personal car, which is not used for commercial activities.

Another thing is that renting clearly commercial real estate can raise questions from regulatory authorities - and even provoke an audit. But the law itself does not contain a ban on such actions.

Conclusion

Thus, having owned non-residential real estate, a citizen has the right to rent it out without registering as an individual entrepreneur in the Unified State Register of Individual Entrepreneurs. If the transaction was a one-time transaction and has no signs of systematicity, the law does not establish any obstacles.

Questions may arise only in cases where the object bears clear signs of a commercial purpose - but even in this situation there is no direct legal prohibition.

The Civil Code of the Russian Federation does not contain special rules governing legal relations within the framework of a lease agreement for non-residential premises, and the general provisions on leasing (paragraph one of Chapter 34 of the Civil Code of the Russian Federation) do not establish any restrictions on the subject composition of the agreement. It follows that any legally capable individual can act as a tenant of non-residential premises.

In accordance with Art. 615 of the Civil Code of the Russian Federation, the tenant is obliged to use the leased property in accordance with the terms of the lease agreement, and if such conditions are not defined in the agreement - in accordance with the purpose of the property. Let us immediately note that the use of non-residential premises for the residence of citizens is not permitted by law.

The fact that an individual who is not an individual entrepreneur (tenant) will use leased non-residential premises for the purpose of carrying out business activities is not grounds for declaring the lease agreement invalid or unconcluded (see also the resolution of the Federal Antimonopoly Service of the East Siberian District dated March 9, 2004 N A33-3839/03-S2-F02-744/04-S2).

In addition, it is obvious that the conclusion of a lease agreement only gives rise to the right of the tenant to demand that the thing be transferred to him for use (possession and use) (Article 606 of the Civil Code of the Russian Federation). The conclusion of such an agreement in itself does not indicate that the tenant is conducting business activities (Clause 1, Article 2 of the Civil Code of the Russian Federation). The status of an individual entrepreneur can be acquired by the tenant after the conclusion of the agreement, for example, when he actually begins to use this property for business activities.

Thus, the law does not prohibit the transfer of non-residential premises for rent to individuals who are not individual entrepreneurs. For the lessor, concluding an agreement with such a person does not entail negative legal consequences.

As for the legal consequences of the use of non-residential premises for the purpose of conducting business activities for the tenant, it should be taken into account that engaging in business activities without state registration as an individual entrepreneur is illegal and may lead to the involvement of such a person in administrative proceedings (Part 1 of Article 14.1 of the Code of Administrative Offenses of the Russian Federation ) or criminal (Article 171 of the Criminal Code of the Russian Federation) liability. In addition, a citizen engaged in entrepreneurial activity without forming a legal entity, who is not registered as an individual entrepreneur, does not have the right to refer in relation to transactions concluded by him to the fact that he is not an entrepreneur. The court may apply to such transactions the rules of the Civil Code of the Russian Federation on obligations associated with the implementation of entrepreneurial activities (Article 23 of the Civil Code of the Russian Federation).

Passive income is profit that interests many people in different countries. And therefore, more and more often they think about an important question for them: what can be rented out? After all, this way of making a profit is the most interesting and profitable solution. It allows you to earn money without having an official job. But the question is different - what kind of properties can be rented out? This will be discussed further.

In fact, almost all of a person's property can be rented. But in reality, the most profitable business is renting out real estate. What objects and how can you convert them into passive income? If you prepare correctly, a person will be able to bring the idea to life without any problems.

Who is eligible?

Don't know what you can rent out yet? Before thinking about this issue, you need to figure out who, in principle, has such a right. Not everyone has the opportunity to earn passive income in this way. The fact is that the rental of real estate or property is carried out by:

• Owners of certain objects.
• State (if we are talking about municipal property).
• Intermediaries (realtors, real estate agencies).

It turns out that only the owner of a particular property, as well as authorized representatives, have the right to rent out certain objects. Quite an obvious fact. But what is it possible to earn passive income from?

Apartment

You can rent out an apartment in the most common scenario. It quite often helps people in different countries make a profit to one degree or another. The procedure for concluding a rental agreement is usually carried out with the participation of real estate agencies. Or personally by the owner of the apartment. It can be either an individual or a state. It is best to rent out the apartment officially. Yes, then you will have to give 13% of your profits to the country. But at the same time, the landlord and tenant will have rights and responsibilities. Performing such an operation is not as difficult as it seems.

Registration of apartment rental

Is it possible to rent out an apartment? Yes. This, as already mentioned, is the most common scenario in different countries. Rented housing is unique. Drawing up a rental agreement for an apartment is not so difficult. It has already been mentioned that a person can bring an idea to life either by contacting real estate agencies, or independently. But for the latter situation you will have to pay a visit to the notary. This is the only way a lease agreement can be drawn up. What documents may be required? Among them, the following papers are distinguished (regardless of the method of renting out the apartment):

1. Documents on ownership of real estate.
2. Lease/lease agreement with detailed terms and conditions.
3. Extract from the Housing Office from the personal account.

It is worth paying attention to the fact that there are two types of agreement: lease and rental. The second option is suitable for cases when the apartment is rented to an individual. No mandatory registration required. But a direct lease agreement is subject to registration if it is concluded for more than 12 months. Signed when concluding an agreement with legal entities.

Room

What can you rent? The next scenario is to rent out part of the apartment. Or rather, rooms. A common way to make a small profit. The procedure for drawing up the relevant agreement is similar to the previously defined algorithm of actions. You just need to specify in the agreement which room is being rented out.

If there are several owners in the apartment, in addition to the previously listed list of papers, you will have to report the consent of all people to carry out the transaction. But when there is only one owner of the apartment, then renting out a room is not such a big problem. The profit from such a source of passive income is less than from renting out an apartment. But it does happen.

Earth

Is it possible to rent out a plot of land? Or part of it, for example? This question also often worries owners. For example, a house has been built, and there is a small plot nearby. Is it possible to submit it? Yes. There are no special restrictions on this matter. It is recommended to immediately decide whether the entire plot is planned to be rented out or only part of it. The complexity of concluding an agreement, as well as the text of the agreement, will depend on this. For legal entities, this feature is extremely important.

If a person does not act through realtors or relevant agencies, then he will have to sign the agreement with a notary. Otherwise, the transaction may be declared invalid. And this is important to understand. Special problems may arise if the land plot has several owners. However, a similar picture arises when renting out any property. Additionally, you will have to obtain the consent of the remaining owners to carry out the transaction. Without these documents, the lease or rental agreement will be invalid.

Not housing

You can rent out premises that are not residential. For example, a basement, storage room, utility room. This is a less common scenario, especially among those who live in apartment buildings. But this is only if the lessor is an individual. Among other things, non-residential premises such as offices are rented out. Just such situations occur in everyday life all the time. Please note that for any of the transactions under consideration, citizens will have to pay income tax. Currently it is 13%. This is a mandatory item for every taxpayer.

It is now clear that non-residential premises can be rented out. It's not as difficult as it seems. The algorithm of actions for the owner of the property will be exactly the same as in all other cases. It is enough to collect a similar package of documents. Only the certificate of ownership of a particular property changes. Then the lease/lease agreement should be concluded in the prescribed manner. We will talk about all the features of this process, regardless of the property being rented out.

House/dacha

Is it possible to rent out the plot? Yes, especially if there is only one owner of the property. But what other objects can a citizen consider? For example, at home or cottage. They can also be rented out if desired. In practice this is quite difficult to do. And individuals rarely deal with such cases. Typically, houses and dachas are rented out along with land plots by the city administration. But ordinary property owners also have the right to this.

Is it possible to rent out a plot of land, but not rent out the house located on it? Yes, this is also possible. But only in the case when the agreement specifies a specific territory to be surrendered. If there is space on the plot exclusively for a house, then the agreement will have to indicate exactly the building.

Car

More and more often, citizens are thinking about whether it is possible. And the answer will please them - yes, there is such a possibility. The list of documents will change. As a rule, you will have to seriously think about the lease agreement - it sets the payment rate. Most often he is hourly. The following documents will be required from the owner and tenant:

• Papers indicating ownership of the vehicle.
• Insurance.
• Lease contract.
• Technical passport of the car.
• Identity documents of the parties.

Usually this is enough. It is advisable to think through all the features and nuances of renting a car in advance. To do this as competently as possible, invite lawyers. They contribute to the correct composition. This will make it possible to bring the idea to life without any problems.

Other

What can you rent? In fact, as already mentioned, almost all properties can be rented. Accordingly, rent, for example. If you do not take into account real estate objects, then you can identify many more ideas regarding the question posed. Among the most common objects rented out are: clothing (mainly suits and dresses), garages, boats, bicycles, sports equipment, dishes, furniture, appliances, construction equipment, books, pets (for example, for promotions).

This is not all that can be rented out. The list goes on and on. In the modern world, it is limited mainly by the imagination of the owner. And this must be taken into account. Only after receiving money from the tenants can the owner of the rental property have problems.

Underwater rocks

We are talking about taxes. It has already been said that from each transaction you will need to pay 13% of the profit. It would seem that this is where the problems end. However, not everything is as simple as it seems. The fact is that in Russia there is such a thing as systematic profit-making from the same activities. True, for criminal liability to arise, the income must total 1,500,000 rubles. Therefore, until this moment, you can rent out this or that property without any problems.

What's next? Much depends on the type of rental property. To pay taxes and sleep peacefully, some recommend opening an individual entrepreneur. And choose the simplified tax system. Then you will have to pay 6% of the profit as taxes per year. Legal and safe. In some cases, it is recommended to purchase a patent for this type of activity. In Russia, at the moment, all citizens who rent out housing or property are offered to work on How to proceed? This is decided by the citizen himself. But in any case, you need to pay tax. Especially when it comes to leasing offices, as well as working with legal entities.

Civil legislation

Answer from the Legal Consulting Service GARANT

Article 421 of the Civil Code of the Russian Federation establishes that the parties can enter into an agreement, both provided for and not provided for by law or other legal acts. The terms of the agreement are determined at the discretion of the parties, except in cases where the content of the relevant term is prescribed by law or other legal acts. Article 422 of the Civil Code of the Russian Federation determines that the contract must comply with the rules mandatory for the parties established by law and other legal acts (imperative norms) in force at the time of its conclusion.

The requirements for the lease agreement are provided for in Ch. 34 Civil Code of the Russian Federation.

Under a lease agreement, the lessor undertakes to provide the tenant with property for a fee for temporary possession and use or for temporary use (Article 606 of the Civil Code of the Russian Federation). Paragraph 1 clause 1 art. 607 of the Civil Code of the Russian Federation lists the objects of the lease agreement, the common feature of which is the ability not to lose their natural properties during their use (non-consumable things). This list includes buildings and structures. The Civil Code of the Russian Federation does not directly say anything about the possibility of leasing premises or parts thereof.

However, the following should be kept in mind.

The Presidium of the Supreme Arbitration Court of the Russian Federation, drawing attention to the fact that Art. 1 of the Federal Law of July 21, 1997 N 122-FZ “On state registration of rights to real estate and transactions with it” classifies residential and non-residential premises as real estate, indicated that the norms of the Civil Code of the Russian Federation on state registration of lease agreements for buildings and structures (information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated June 1, 2000 N 53).

Regarding part of the room (part of the room), the following can be noted.

Part of the room, firstly, does not lose its natural properties during use, i.e. is a non-consumable thing; secondly, it has certain physical characteristics that make it possible to consider it as an immovable thing (i.e., a thing whose movement without disproportionate damage to its purpose is impossible (Article 130 of the Civil Code of the Russian Federation)) and to individualize it in relation to other real estate (for example, designation on the legend to the floor plan); thirdly, even part of the premises may be of economic interest, which indicates the possibility of participation in civil circulation, along with other things, also of part of the premises, as an independent object of law.

Taking into account the above, it should be concluded that civil law allows the conclusion of a lease agreement for part of the premises.

The possibility of renting out part of the premises is also confirmed by judicial practice (see, for example, resolutions of the FAS North Kazakhstan region dated May 11, 2006 N F08-1831/06, FAS MO dated September 27, 2007 N KG-A40/9763-07, FAS MO dated July 26, 2007 No. KG-A40/6697-07, FAS Central District dated November 10, 2005 No. A14-14311-2004/549/32).

It must be taken into account that property can be the subject of a lease agreement only if it is individualized. If the property in the agreement is not designated in a way that allows this property to be definitely identified, then the lease agreement is not concluded by virtue of clause 3 of Art. 607 of the Civil Code of the Russian Federation (see, for example, resolutions of the FAS North-Western District dated October 25, 2007 N A56-40396/2006, FAS West Siberian District dated October 4, 2006 N F04-6380/2006 (26943-A46-38 ), Federal Antimonopoly Service of the West Siberian District dated June 19, 2006 N F04-2869/2006(22599-A46-38)).

Thus, part of the premises can be the object of a lease agreement if it is individualized in the agreement in such a way that allows, based on the data available in the agreement and its appendices, to unambiguously determine the property being leased (indication in the agreement of the relevant characteristics of the part of the premises, plans attached to the agreement and so on.). Please note that the lease agreement for part of the premises, as well as lease agreements for buildings and structures, concluded for a period of at least a year, is subject to state registration and is considered concluded from the moment of such registration (clause 2 of Article 651 of the Civil Code of the Russian Federation).