Lease agreement for the premises for a hookah sample. Lease agreement for non-residential premises for a cafe sample. Lease agreement for premises with equipment: form

Do you want to rent out the premises you have equipped for a restaurant, or do you intend rent a room equipped as a restaurant, i.e .:

• the subject of legal relations is transfer into temporary possession and use (rent) of a restaurant - premises specially equipped for the provision of public catering services to the population with a wide range of complex dishes and service of waiters, i.e. property firmly connected to land, the movement of which is impossible without damage to it;

• the restaurant is a non-residential premises and is part of the condominium facility (for example, in a business center), i.e. the restaurant belongs to the owner on the basis of individual (separate) ownership. And the common property of the condominium object (entrances, stairs, elevators, roofs, attics, basements, non-apartment or general building engineering systems and equipment, post office boxes, land plot, including landscaping elements and other common property) belongs to the owners of the premises on the basis of the right of common shared ownership ... The transfer of the right of ownership and use of the restaurant to another person entails the transfer to the tenant of the restaurant of the corresponding share in the right of ownership and use of the land plot of the condominium object. And therefore, in the presented Restaurant Lease Agreement, only the restaurant is the object of lease. (If the owner of the restaurant owns both the restaurant and the land plot on which the non-residential premises are located, then it is necessary to use );

• repair issues(current and (or) capital, and (or) caused by urgent need) and improvements(separable and (or) inseparable) restaurant the parties are determined in the manner prescribed by law.

For other documents of the lease section, see

Parties to the restaurant lease agreement:

• Landlord- an individual or legal entity, or an individual entrepreneur who owns a restaurant on the basis of the right of individual (separate) ownership, and which he undertakes to transfer for temporary possession and use (lease) to another party (tenant). At the same time, in relation to individuals by the International treaties ratified by the Republic of Kazakhstan, as well as by the legislation of the Republic of Kazakhstan, it is established that individual entrepreneurship has the right to carry out:

• citizens of the Republic of Kazakhstan;

• oralmans;

• both permanently residing (subject to a residence permit in the Republic of Kazakhstan) and permanently not residing in the Republic of Kazakhstan (not having a residence permit, but legally located in the Republic of Kazakhstan) citizens of the Republic of Belarus, the Russian Federation and the Republic of Armenia;

• citizens of the Kyrgyz Republic permanently residing in the Republic of Kazakhstan (subject to the availability of a residence permit in the Republic of Kazakhstan).

Also, in relation to these individuals who have the right to carry out individual entrepreneurship and who do not employ workers on a permanent basis, the law provides the right not to register as an individual entrepreneur when receiving the following types of income:

• taxable at the source of payment, i.e. if the Lessee of the restaurant is a legal entity or an individual entrepreneur, in this case, the Lessee as his tax agent will fulfill the obligation to calculate, withhold and transfer taxes in accordance with the tax legislation of the Republic of Kazakhstan in full and within the established timeframe for accrued income to the Lessor;

• property income, i.e. if the Lessee of the restaurant is an individual, then in this case the Lessor independently calculates and pays individual income tax, as well as submits tax reports on rental income, in accordance with the tax legislation of the Republic of Kazakhstan.

• Tenant- a person (an individual or legal entity, or an individual entrepreneur) who undertakes to accept a restaurant for temporary reimbursable possession and use (rent).

Essential terms of the restaurant lease agreement

(conditions, without which, by virtue of the requirements of the law, the restaurant lease agreement is considered not concluded):

• compliance with the established form of the contract, i.e. its conclusion in writing, its signing by the parties or their representatives and, as a rule, if the transaction is made by legal entities and (or) individual entrepreneurs, seals, if this person, in accordance with the legislation of the Republic of Kazakhstan, must have a seal... Contracts must be concluded in writing:

• concluded for a period of more than one year;

• if both parties to the agreement or only one of them is a legal entity, regardless of the term;

• condition on the subject of the contract, i.e. data allowing to establish which non-residential premises are to be leased, indicating its identification characteristics (information about the non-residential premises, including address, address registration code (if any), type of real estate, cadastral number, type of ownership, number of components, land category, divisibility, purpose, number of storeys, area (general, non-residential, useful);

• the amount of the rent;

• the procedure for the acceptance and transfer of the restaurant according to the Acceptance and Transfer Act.

The usual terms of the Restaurant Lease Agreement

(the conditions that the parties, in order to prevent possible risks and disagreements, by virtue of the law provided by law and (or) business customs, independently determine in the Restaurant Lease Agreement):

• conditions detailing the characteristics and description of both the restaurant and the movable property, if a restaurant equipped with movable property is transferred ( for example, with furniture, appliances, etc.), which allows you to agree on the contract requirements for the quality, quantity and range of property leased;

• information about the presence or absence of the rights of third parties to the restaurant (encumbrances and (or) restrictions) and, if there are rights of third parties, the preparation of the necessary consents according to the submitted forms

• for individuals - guarantees of the parties about the absence of marriage relations or registration of the necessary consent of the spouse (s) for the lease of the spouses' common property in a notarized form;

• the purpose and (or) purpose of the use by the Tenant of the restaurant;

• lease term, and if this period is defined as one year or more, then the procedure for state registration of the right to use is also determined;

• the procedure for subletting a restaurant, if it is not specified in the contract, then the Lessee has the right to sublet the restaurant only with the consent of the Lessor;

• conditions for changing the amount of rent (with a certain frequency or a fixed amount of rent is set);

• expenses for the maintenance of the restaurant ( for example, utilities, restaurant service payments, security, communications, etc.) - as part of the rent or paid additionally;

• procedure, terms and form of payments under the agreement;

• a condition on a guarantee deposit, as a measure to ensure the fulfillment of obligations by the Lessee under the contract;

• responsibility of the parties;

• settlement of disputes;

• the procedure for changing, terminating the contract;

• conditions allowing to conclude an agreement either in simple written form, or the decision of the parties to notarize the agreement, and, depending on this, a different procedure for state registration of the right to use:

• one of the parties, if the parties notarize the restaurant lease agreement;

• by both parties, if the parties enter into an agreement in simple written form.

• other conditions that the parties, by virtue of the law provided by the law and (or) business customs, and (or) agreement of the parties, can independently determine in the agreement.

In the event that a party to the contract is an individual, including an individual entrepreneur, then by virtue of the law "On personal data and their protection" it is necessary to demand from this party"Consent to the collection and processing of personal data."

The restaurant lease is governed by:

• articles of the Civil Code of the Republic of Kazakhstan;

• Law "On State Registration of Rights to Real Estate";
• other normative legal acts governing, as well as related to these legal relations.

A café lease agreement is a reasonable option for small and medium-sized businesses, whose representatives are more profitable to lease premises than to acquire ownership of them. This is due not only to a lack of funds, but also to the fact that the café's profitability will be influenced by its location, and this value is unstable.

For example, a frequently visited cafe may lose visitors due to the postponement of a stop. public transport or the closure of a neighboring facility.

The cafe lease agreement refers to transactions for the lease of non-residential premises and is drawn up in compliance with the norms of the Civil Code.

Before concluding a transaction, we recommend that you carefully study the cadastral documentation for the leased property and inspect the leased building or premises with the involvement of specialists. It is advisable to make full-scale measurements of the areas and evaluate technical condition building structures and communications.

The lease agreement is considered to have entered into force after the parties have signed the transfer and acceptance certificate of the object.

Form of contract

The standard form of a cafe lease agreement provides for the presence of three paragraphs in it:

1. The subject of the contract is a comprehensive description of the leased building or premises. It would be reasonable to indicate all the linear characteristics and areas of rooms, the presence and condition of communications, layout and floor arrangement, etc. To prevent future claims from the lessor, we recommend that you draw up a defective statement that records the quality of the finishing surfaces of the floor, walls and ceilings.
2. Contractors' rights and obligations. In this section, special attention should be paid to ensuring the safety of the leased space, that is, after the end of the lease period, the premises must be returned to the lessor in a condition not worse than at the time of their acceptance by the tenant. The functions for the normal operation of the premises can be distributed between the tenant and the lessor, which should be reflected in the contract. The lessee undertakes to pay the lease on time in accordance with the schedule attached to the lease.
3. The sequence of settlements. Here you will find the total amount of the rent and the rate for renting one square meter, as well as the form of calculation (cash, non-cash). One of the important additional documents attached to the contract will be the schedule of payments and repayment of arrears.

The standard contract form always contains a paragraph in which the details of the parties to the contract and the names (numbers) of documents confirming the ownership of the lessor are prescribed.

The tenant should carefully examine and verify the authenticity of the landlord's title deeds to the leased building (s). The owner of the real estate, at the request of the tenant, is obliged to provide him with evidence of the absence of any property restrictions. For example, the non-application of collateral in relation to leased premises. Also, there should be no claims of third parties to these premises.

Right choice

The location of the cafe is of great importance for the tenant, as it directly affects the success of his business. For example, finding leased premises for cafes in a large shopping center significantly increases the profitability and profitability of the business.

Terms of the contract

In case of short-term relations between the parties (less than a year), the indication of the lease term in the agreement is not necessary. If the tenant intends to conduct his restaurant business on the rented space for a longer time, then the term must be specified in the contract. Moreover, the fixed term of an agreement lasting more than one year presupposes the registration of the agreement with state authorities (Rosreestre).

This procedure is not required for open-ended contracts.

Sublease

If the tenant plans to provide part of the space or all the premises to third parties, he is obliged to inform the landlord about this. Upon receipt of the consent of the latter, all the conditions of sublease are prescribed in the contract.

Fulfillment of the terms of the contract

The tenant is obliged to use the premises only for their intended purpose, stipulated in the contract. That is, it will not work to locate a sewing production in a room rented as a cafe.

Rent

Due to inflationary expectations, the lessor has the right to stipulate in the contract the possibility of indexing the rent. This phenomenon is ubiquitous, so we advise entrepreneurs to limit the increase in rent to 10% per year.

Dispute resolution

As a rule, any agreement provides for the consideration of disputable situations in the relationship of counterparties through negotiations. If it is impossible to resolve the conflict associated with the terms of the contract or with their execution, disputes are referred to the courts, the jurisdiction and jurisdiction of which extends to the legal relationship of counterparties.

The lease agreement for the cafe - a sample the reader can download from the link in the article - is drawn up according to general rules Civil Code of the Russian Federation, taking into account the specifics of the leased object (real estate, for business purposes). We will tell you how the contract is drawn up, what requirements are imposed on the cafe, how to conclude a deal.

Landlord information

Opening a cafe or restaurant requires careful preparation of the premises. So that resources for preparation are not wasted, you need to take care of the legal purity of the lease. First of all, we are talking about checking information about the landlord and real estate.

You can make sure of the good faith of the future landlord using the available resources:

1. Having received an extract from the Unified State Register of Legal Entities or EGRIP, you can find out:
   • whether the entity is actually registered as a legal entity or an individual entrepreneur;
   • place of its registration (in case of litigation, will affect the jurisdiction);
   • whether the person is in the process of liquidation.
2. It is also recommended to check the organization on the official website of the State Registration Bulletin for the absence of a decision by the tax authority on the upcoming compulsory liquidation.
3. Information about the landlord's litigation (including bankruptcy proceedings) can be found on the website of the Arbitration Court. Here you should pay attention to property disputes concerning the future rental object.

IMPORTANT! If an individual acts as a lessor, there is reason to think about future expenses, because in relation to a citizen, the lessee acts as a tax agent (clauses 1, 2, article 226 of the Tax Code of the Russian Federation (hereinafter - the Tax Code of the Russian Federation). the tenant will also need to calculate and pay personal income tax 13%, calculating the tax base based on the amount of lease payments. .2011 No. 03-04-05 / 3-314).

Checking the premises under the cafe

To check the premises, you need to obtain information from the Unified State Register of Real Estate (USRN). This statement can be ordered on the official website of Rosreestr, at the offices of the institution, as well as through the MFC. According to Part 7 of Art. 62 of the Law "On State Registration of Real Estate" dated July 13, 2015 No. 218-FZ, according to an extract from the USRN, you can find out information about:

• premises;
• the rights registered on it;
• restrictions or encumbrances;
• declared claims, etc.

Thus, the conclusion of a lease agreement for a cafe is preceded by a thorough study of the future object. However, in addition to checking the legal status of real estate, other factors play an important role, which we will discuss in the next section.

Requirements for the premises of a future cafe, restaurant for obtaining a license to sell alcohol

As a rule, at public catering establishments (restaurants, bars, cafes, buffets (paragraph 2 of clause 4 of article 16 of the Law "On State Regulation ..." of 22.11.1995 No. 171-FZ, hereinafter - Law 171-FZ) alcoholic drinks are sold For this, the tenant will need to obtain an appropriate license for the retail sale of alcohol in the provision of catering services.The characteristics and location of the property play an important role in this process. 171-FZ, the premises must comply with the following parameters:

1. The presence of a separate service hall for visitors in a stationary room.
2. The lease term cannot be less than one year. Consequently, the lease agreement will have to go through state registration (clause 2 of article 651 of the Civil Code of the Russian Federation, hereinafter - the Civil Code of the Russian Federation).
3. Organizations such as:
   • educational (training);
   • medical (even beauty parlor with a medical license);
   • cultural;
   • sports.
4. Requirements for the area of ​​a cafe (restaurant) and the availability of a warehouse have not been established.

Rent of a ready-made cafe (restaurant)

Speaking about renting premises for catering, we mean not only cases when an unsuitable object is taken for rent and repaired for ourselves. We can also talk about renting a ready-made cafe or restaurant. This type of use greatly reduces the initial costs of the entrepreneur and is quite common.

In this case, the main concern of the future user is to check the property for compliance:

Don't know your rights?

• fire safety standards - in this situation, it is better to immediately involve a specialist in this area for a professional examination and drawing up an opinion on the room;
• sanitary and epidemiological requirements - here it is also recommended to immediately consult with a person competent in such matters.

Also, for greater safety, you can insert an article into the contract with the lessor's assurance about the circumstances that are of particular importance for catering enterprises (Article 431.2 of the Civil Code of the Russian Federation):

• that the rented premises meet all the necessary technical, fire and sanitary and epidemiological standards;
• about the fact that the cafe does not adjoin the establishments prohibited in the sale of alcohol (educational, cultural, sports, medical).

If the specified information turns out to be unreliable, then the lessor will be liable in the form of compensation for losses and payment of the contractual penalty.

Also, when renting a ready-made cafe in the contract and the act of acceptance and transfer, it is imperative to register all the equipment to be transferred. The parties must not only list it, but also check the working condition, as indicated in the documents.

How to correctly formulate the terms of inseparable improvements in the contract

Another nuance that should be considered when concluding a deal is the condition of inseparable improvements. As mentioned earlier, the peculiarity of the institution obliges to carry out not ordinary repairs, but a real restructuring and capital preparation of the object. This involves making inseparable improvements to real estate.

Improvement should not be understood as current and overhaul... Improvements include modernization, reconstruction, additional equipment, completion (resolution of the Federal Antimonopoly Service of the East Siberian District of June 25, 2009 in case No. A19-14583 / 08-15). At the same time, changes are separable, which can be dismantled without damage to property, and inseparable - with damage. For example, air conditioning, lighting devices, and the like can be considered separable improvements, and partitions, new openings, are inseparable. Although in each specific case, the described issue will be resolved separately (resolution of the Federal Antimonopoly Service of the Central District of 07/30/2010 in case No. A35-1623 / 08-C4).

According to paragraph 2 of Art. 623 of the Civil Code of the Russian Federation, the costs of inseparable agreed improvements are reimbursed to the lessee after the termination of the contract. Others may be provided for by the transaction. If it was not possible to write down the paragraph on compensation, it is still necessary to obtain the consent of the lessor for any manipulations with the object (Article 622 of the Civil Code of the Russian Federation).

Lease term

Due to the subtleties listed above, it is reasonable to pay attention to the rental period. Often, commercial real estate is rented out for less than one year in order not to pay large fees for state registration of the contract (22,000 rubles are paid by a legal entity, in accordance with subparagraph 22 of clause 1 of article 333.33 of the Tax Code of the Russian Federation).

But if a cafe (restaurant) is placed in a rented space, the indicated period cannot be valid for the following reasons:

• the tenant needs time for repairs, which reduces the period of direct profit making;
• in such a short period of time, the enterprise may not have time to develop, but it will already have to move out, because no one guarantees the extension of the completed lease agreement.

The optimal rental period is 2-3 years. At the same time, the tenant should take into account that the business may never go well, then there is no point in paying further for the premises. Therefore, in the section on the terms of the agreement, it is imperative to prescribe the loyal conditions for its early termination. For example, in the form in which these provisions contain a sample of a lease agreement for a room for a cafe proposed by our resource, which is available for download at the link:

Regulation of rent payments

As mentioned above, it is best to rent real estate for a cafe for a period of at least two years. However, for such a long period the rent cannot but change. According to paragraph 3 of Art. 614 of the Civil Code of the Russian Federation, this can be done no more than once a year, by agreement of the parties.

But the mentioned rule does not apply to those cases when the rent is not set in a fixed amount, but is calculated using a formula using some indexation coefficient. In this case, the change is possible more than once a year. At the same time, such innovations do not need to be separately formalized by an additional agreement (resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation of January 26, 2010 in case No. A59-3535 / 07-C9 (C-5)). But the correction of the calculation formula must necessarily be secured by an agreement on changing the main contract (resolution of the Arbitration Court of the West Siberian District of September 19, 2017 in case No. A27-21397 / 2016).

When we talk about resizing, we usually mean an increase in the payment (indexation) amount. In this regard, it is not recommended to agree to indexation above 10% per annum in aggregate.

Summing up

So, in the lease agreement for a cafe (restaurant), the following points play a key role:

• compliance of the premises with the requirements for obtaining a license to sell alcohol, if such an activity is expected;
• compliance of the facility with fire and sanitary and epidemiological rules, if a ready-made cafe is leased;
• long enough rental period;
• an emphasis on the fate of the costs of inseparable improvements;
• coordination with the landlord of any actions with the premises;
• fixation of rent and clear conditions for its increase and indexation.

A sample lease agreement for a cafe is available for download from the link in the article and will help you prepare a legally logical and competent document. Please note that the sample lease agreement for a restaurant or other commercial real estate is similar, therefore the sample proposed in the article is also relevant for renting such objects.

I am glad that in recent years, more and more news has begun to appear about the opening of new restaurants, and not just about their closure. Opening your own establishment (be it a small coffee shop or a whole restaurant) is a difficult quest that includes a thousand and one tasks with its own traps and pitfalls. One of such difficult and responsible tasks is to choose a premise for an establishment and conclude a lease agreement that will not later become a time bomb for your business. This will be a series of articles about what you first need to pay attention to when agreeing a lease agreement for a catering establishment. Initially, I wanted to write one article, but when I started writing, I realized that there would be at least all five materials. Let's start by checking the landlord and his property.

So, the first thing to start with the procedure for concluding a lease is to check the landlord and his real estate. Otherwise, you can pay the rent for the first months, make repairs, and then it turns out that the premises are bogged down in litigation, then at all - the landlord is not really the owner of the premises.

Checking the room. To check who actually owns the premises, you need to order an extract from the Unified State Register of Rights to Real Estate (USRR). This can be done through Rosreestr, any MFC office or via the Internet (http://rosreestr.ru/wps/portal/cc_egrp_form_new). The response to the request is prepared within five working days. In our case, a response to a request through the Rosreestr website will be sufficient, since. the most important thing is to check: a) whether the alleged landlord is really the owner, b) if there are any legal disputes and liens that you do not know about in relation to your future premises.

In principle, the landlord may not be the owner, but be the tenant himself, but then it will be necessary to follow the entire procedure for obtaining consent to sublease. Or the premises may be in state or municipal ownership, then it will also be necessary to obtain the consent of the owner (if at all possible - in each case it is necessary to check individually) and in some cases go through the procedure for participating in the auction.

Farther check the landlord himself... We go to http://egrul.nalog.ru/ and get all data about our real estate owner using the TIN. What you should pay attention to: is it in a state of liquidation, how long it has been working in, in which region it is registered (this may affect the jurisdiction), whether in general the data that he gave you himself coincides with the data from the register. It is also worth considering if your future landlord is some state or municipal institution, which entails difficulties in obtaining rent of his property.

It is also worth checking the landlord for onLitigation- http://kad.arbitr.ru/. Likewise, knowing only one TIN, you will be able to view all litigation (arbitration, including bankruptcy cases) in which your future landlord was involved. The existence of litigation in itself is, of course, not a reason to raise the alarm. It is important what kind of disputes these are: it is one thing when, for example, he appealed the fine of the fire inspector, another thing is if a claim is brought against him to terminate the sale and purchase agreement for the premises that you were just about to rent.

And one more thing worth paying attention to, is itgenerallyyour future landlord as a legal entity or individual entrepreneur? The fact is that the presence of non-residential real estate in the ownership of individuals without the status of an individual entrepreneur is not uncommon. And many of them lease this property to merchants (in my practice there was such a case when my client almost rented such an object). Meanwhile, this is a very rash act that can lead to devastating tax consequences for the tenant. Let me explain why.

Probably, very few people will find this news: if instead of an employment contract we conclude a civil law contract with an individual, then we have to pay almost the same taxes and insurance premiums as for an employee. But few people think that this rule applies not only to the usual work contracts and paid services, but also to any other contract. Real estate lease agreement will be no exception. Indeed, on the basis of paragraph 2 of Art. 226 of the Tax Code of the Russian Federation, the calculation of amounts and the payment of tax are made in relation to all income of the taxpayer. It turns out that if we pay rent to an individual without the status of an individual entrepreneur, then we must withhold 13% tax and pay it to the budget. Official position: Letters of the Ministry of Finance of Russia dated 27.02.2013 N 03-04-06 / 5601, dated 07.09.2012 N 03-04-06 / 8-272 (p. 1), dated 05.08.2011 N 03-04-06 / 3-179, dated 01.06.2011 N 03-04-06 / 3-128, dated 01.06.2011 N 03-04-06 / 3-127, Federal Tax Service of Russia dated 01.11.2010 N ShS-37-3 / [email protected], dated 30.04.2009 N 3-5-03 / [email protected], UFNS of Russia in Moscow from 16.02.2011 N 20-14 / 4 / [email protected] Many accountants, knowing this, give advice to shift the obligation to calculate and pay tax to an individual in the contract. But such a trick will not work, because the overwhelming majority of the norms of the tax code are imperative, and it is impossible to change them in the agreement. This position is expressed in the Letters of the Ministry of Finance of Russia of 04/29/2011 N 03-04-05 / 3-314, of 07/15/2010 N 03-04-06 / 3-148. So consider what the rent from such a "physicist" can cost. Let's say you transferred rent in the amount of 200,000 rubles for a whole year. per month. This is 2,400,000 rubles per year. The tax office came and counted the personal income tax tax of 13% - 312,000 rubles. And this is still without penalties for late payment of taxes.

So now we can describe portrait of the ideal commercial property landlord:

1. The lessor is a business company (LLC, JSC) or an individual entrepreneur. Budgetary institutions, state or municipal enterprises, and even more so individuals without the status of individual entrepreneurs - all of them are in the high-risk area.
2. The landlord owns the property by title. Subleasing is always a greater risk than a net lease.
3. The landlord is located in the same city as you, and he is not the largest player in the market (in which case it is easier to negotiate).
4. The lessor's premises are not in a state of litigation, are not adjacent to educational and medical organizations, and, preferably, are not located on the territory of a cultural institution.

If the landlord strays out of the scope of this ideal description, of course, you should not immediately abandon the lease, all cases are individual, and even, say, municipal property in some cases may turn out to be a much more profitable object than privately owned premises. The main thing is to discuss all possible risks with your lawyer in all such cases. It is definitely not worth saving on legal services here, you must agree, it is better to pay, say, 5 thousand rubles to a lawyer to check the lease agreement, than then be left without any premises at all, and besides, lose several hundred thousand paid for an alcoholic license.

In the following articles about concluding a lease, I will talk about others important points lease:

• Inseparable improvements and inconsistent redevelopments
• Contract term and registration
• Rent and utility bills
• Signboard, parking and other additional "wishes" of the tenant
• Responsibility of the tenant and landlord
• Preemptive lease right
• Termination of an agreement
• Consideration of disputes under a lease agreement

Picture - www.gratisography.com

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