|
Rentals
The lease real estate - it is the parties' agreement, under which the landlord grants a lease, the lessee the property for payment for temporary possession and use or for temporary use.
Parties to the lease are the landlord and lessee. The lessor has the right to make any natural or legal person, which as owner of the property and persons authorized by law or by the owner of the property to rent. Tenants on the lease, as a general rule, can also be any natural or legal persons, including foreign ones. However, for certain types of leases GC with restrictions relating to the subject composition. Thus, participants agreed to the lease company or a financial lease contract may only be a person engaged in entrepreneurial activities.
The lease of immovable property shall be in writing.
The lease of immovable property subject to state registration, unless otherwise provided by law. The subject of the lease are individually defined and non-consumable items. In this subject the lease must be established if the content of the treaty allows certain to set the property to be transferred as an object of the lease. To this end, the contract must state specifying the object data: name of property (if it exists), inventory number, address, location, purpose, quality features, etc. With the lease of land, for example, describe the limits and the land area, its location, cadastral number, category of land, etc.
The condition of the subject - the only condition that an absolute manner summarized under the Civil Code to substantial terms of the lease. To lease building or construction, lease companies essential condition because of its direct guidance of the law is, moreover, the condition of rental charges.
One of the main conditions of the lease is a term. The lease may be concluded for a definite or an indefinite period. Rent for a period of one year is considered short. If the lease contract was concluded without specifying the period, it is concluded for an indefinite period.
The main responsibility of the landlord is to provide under the contract of property lessee. In this case the landlord must give the tenant the property in a state that meets the conditions of the lease and the appointment of the property. The property is leased, together with all its accessories and related instruments (technical passport, certificate of quality, etc.
The property must be transferred to the lessee at the specified in the lease term, and if the contract does not specify a deadline - in a reasonable time. Tenant to whom the property is not granted the right to demand it deprive the landlord in court and claim damages caused by the delay of execution. If the tenant as a result of delays in the transfer of property lost interest in him, he may file a claim for cancellation of the contract and damages the landlord for damages caused by the nonperformance of contractual obligations.
One of the main responsibilities of the tenant is using the leased property under the terms of the contract, and if they are not defined in the contract, in accordance with the designation of the property. |