The form of property relations that we want to present in this article is quite common and multifaceted. Therefore, it is worth analyzing not only the concept itself, but also the types of rent. As well as other important features of this type of contract.
The concept
Lease is a type of activity whose name has Latin roots (arrendare - to lease). This is one of the forms of a property contract characterized by the transfer of property for temporary use (or temporary possession and use) to the lessee by the lessor. Naturally, for a fee.
For a better acquaintance with the concept and types of rent let us turn to an example. The tenant pays for the temporary use of land and its resources. This is the so-called land rent, as well as depreciation of interest on the use of tangible assets. But the income, products, crops received by the tenant during the use of the land are considered to be its full property.
Rental Objects
The object of the lease can be both movable and immovable property. For example:
- building;
- land plot;
- construction;
- company;
- equipment;
- vehicle and so on.
In other words, the object of any type of lease is a non-consumable property. Something that does not lose its properties during operation.
A lease agreement necessarily defines the property being leased - the data that individualizes it must be registered in the document. Foreign law allows the lease of not only something tangible, but also rights, shares, other securities, shares of partnerships.
Contract form
Any type of lease agreement is concluded in writing in the presence of two conditions: the term is more than one year, one of the parties is a legal entity (in this case, the period may be less than a year).
If a document is signed regarding real estate whose lease term is more than 1 year, then the agreement is subject to state registration at the territorial branch of the Federal Registration Service.
Two sides
Each type of lease has two sides:
- Tenant (renter, lassie, tenant, possessor) - it is a legal entity or an individual who concludes a lease agreement, and also pays a fee for the use (possession and use) of the lessor's property. The Civil Code does not introduce any special restrictions or rules regarding this side. There is only one requirement: a person must be capable, as well as any other subject of legal, civil relations.
- Landlord (Lessor) - this is the party (legal entity, individual) that provides the tenant with property for temporary use (or possession and use) for a fee. Note that only the owner of this object can lease something.
Terms of the contract
The term of any type of lease is an agreement between two parties. It must be prescribed, fixed in the contract. If such data are not indicated in the document, then it can be considered to be concluded for an indefinite period. This case is convenient in that both the lessee and the lessor can refuse to fulfill it at any time. There is one condition: the other side needs to be notified about its decision in a month (when renting out the property - in three months).
There are four types of rent from this perspective:
- Up to 1 year - short-term.
- 1-5 years - medium term.
- 5-49 years - long-term.
- The validity period of the contract is not negotiated by the parties - unlimited.
The main types of rent
The legislation of the Russian Federation divides rent into four varieties:
- Raise it.
- Actually rent.
- Gift.
- Hiring.
There is also a division of the types of property leases according to the type of property being rented - immovable and movable. This is the following gradation:
- Leasing (financial lease).
- Lease of vehicles with the granting of rights for technical operation and management.
- Vehicle rental without granting rights for technical operation and management.
- Rental of movable property.
- Rental of buildings and structures.
Let's look at these types of rights (leases) in more detail.
Rental
The contract is governed by paragraph 1 of Art. 626 of the Civil Code. Legislatively establishes the definition of an agreement: under this document, the lessor is obliged to provide movable property to the lessee for temporary use and ownership for a set fee.
Features of the contract:
- It is in writing, it is considered public.
- The landlord is entitled at any time to abandon his obligations by warning the other side of his decision in 10 days.
- Rent - a fixed amount and regularly paid payments.
- The landlord is obliged to carry out current and overhaul of the leased property.
- The agreement is concluded for a year. Its automatic renewal is not allowed.
The following is prohibited:
- Transfer by the tenant of their rights to third parties.
- Lease out.
- Free transfer of property.
- Pledge of their authority.
Vehicle rental with the provision of technical operation and management services
This type of activity, rental is regulated by h. 1 Article. 632 Civil Code. This is a type of chartering for the time (rental) of the vehicle, when the lessor to the lessee represents the right of temporary ownership and use of the vehicle for a fee. At the same time, the lessor himself provides services for the management and technical operation of transport.
Now the key features of the agreement:
- In relation to this agreement, the provision on auto-renewal, the tenant's preemptive right, does not apply.
- Regardless of the validity period, a document can only be written in writing.
- Issues of future relations between the lessee and the lessor are independently included in the document.
- The lessee shall compensate the lessor for all losses in connection with the death of the transport, if the lessor can prove that they were caused due to circumstances for which the renter is liable under the contract (or under applicable law).
Vehicle rental without the provision of management and maintenance services
This type of rental right is largely consistent with the above. Therefore, here we give only its key differences:
- The vehicle is controlled by the tenant.
- Maintaining the proper condition of the leased vehicle is the responsibility of Lessi. Also, the tenant is obliged to carry out major and current repairs of equipment.
Rental of buildings
The lease agreement is characterized by the following features:
- Under a contract for temporary use (possession and use), the lessor is obliged to transfer the building or building to the lessee.
- The document is only in writing - the rest of its options are invalid.
- If the term of the type of rental of premises is more than a year, then such an agreement is subject to mandatory state registration.
- The transfer of the object to the lessee is carried out according to the transfer document (for example, according to the deed of transfer), which is signed by both parties.
- The landlord's obligation (transfer of the building or structure for temporary use) is deemed fulfilled when both parties have signed the deed of transfer.
- Be sure to establish the amount of rent. If it is calculated based on the area of the structure or building, then its size is determined by the actual parameters of the object.
Now, regarding the type of land lease:
- When renting a building or building, the part of the land plot on which the object is located that is necessary for the full use of the property is also transferred for use.
- If the landlord is also the owner of the land on which the building and the building are located, then this plot will be transferred for temporary use along with real estate.
- If another right is provided for land (other than property), or it is not specified in the contract, then for the entire term of the agreement, Lessi has the right to temporarily use only the site without which full operation of the building or structure is impossible.
- Lease of an object located on a land plot that is not the property of the lessor is allowed without the consent of the land owner. But only if it does not contradict the law, the contract with the owner of the site.
- If during the lease term the land allotment on which the building, building is sold to another person, then the renter still retains the right to use the land without which the normal operation of the facility is impossible.
Enterprise rental
The lease agreement of the enterprise is the most multi-point. For temporary use is transferred not only the property structure necessary for the tenant to carry out entrepreneurial activity, but also the following:
- Building.
- Facilities.
- Equipment.
- Land.
- Stocks of materials, raw materials and fuels.
- Other current assets.
- The authority to use water resources, land, natural resources, structures, buildings, property objects associated with this enterprise.
- The right to a designation that individualizes the activities of a given plant or plant.
- Assignment of claims, transfer of debts that relate to the enterprise object.
Features of the contract here are the following:
- It is concluded only in writing.
- It becomes valid after state registration.
- The transfer of ownership takes place only according to the deed of transfer.
- The lenders of the company must be notified of the fact of the lease.
- If the creditor did not inform in writing of his consent to the transfer of debt, then within 3 months after the conclusion of the lease, he is entitled to demand the early fulfillment of obligations or their termination.
- If the creditor is not notified of the transfer of the enterprise, then within 1 year from this event, he can bring a lawsuit to satisfy his above requirements.
- The lessee and the lessor are jointly and severally liable for debts that were transferred without the consent of the creditor.
financial leasing
Another name for the phenomenon is financial lease. This is a special acquisition of property into property, but not for personal use, but for putting the object into temporary use, possession. The lease term is close to the period of its operation, as well as depreciation of the price of the leased asset. Thus, the landlord is here in lease payments and returns to himself the funds spent on the purchase, and in addition receives profit.
The agreement is trilateral. The lessor acquires the object from the supplier, the company, in order to transfer it to the lessee for use for an appropriate fee.
Financial leasing is determined by the following features:
- The property is acquired by the lessor not for personal use, but for renting.
- The lessor chooses at its sole discretion both the property and the seller.
- The object seller is aware that the latter is being acquired for leasing.
- Claims for defects, quality and completeness of the object are sent directly to the seller, seller.
- Responsibility for damage, accidental loss of property is transferred to the lessor after signing the act of transfer and acceptance.
What can be leased? The whole range of unused things - property complexes, structures, buildings, enterprises, transport devices, equipment, other objects necessary for entrepreneurial activity.
At the same time, land allotments, natural resources, property for which the legislative acts of the Russian Federation prohibit free circulation or introduce a special procedure for the latter cannot be called the subject of leasing.
The concept of "rental" is very multifaceted, as it includes several main types, which are classified into smaller ones within themselves. However, for all such agreements, there are general rules on the timing, parties to the transaction, its subject matter and so on.
