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Publication date: 01.05.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
The enterprise lease agreement is a legal document that regulates the conditions for transferring the right to use the enterprise for rent from the lessor (owner) to the lessee (lessee) for a certain period of time for a certain fee. Here are some basic aspects that are usually included in such a contract:
Parties to the contract: These are individuals or legal entities that conclude the contract: the lessor (the owner of the enterprise) and the lessee (the person or organization that receives the right to use the enterprise).
Description of the leased object: The contract usually describes in detail the enterprise itself, its location, area, equipment, inventory and other characteristics related to the leased object.
Term of validity of the contract: Defines the period during which the lease contract is valid. The term can be fixed (for example, for a certain number of years) or indefinite (the contract is valid until it is terminated by either party).
Rent: The amount that the tenant must pay to the landlord for the use of the enterprise. This amount can be fixed or depend on various factors (for example, production volume, turnover, etc.).
Obligations of the parties: The contract specifies the obligations of both the lessor and the lessee, including maintenance, repair, insurance and other aspects related to the management of the enterprise.
Rights and Restrictions: Defines the rights and restrictions of the parties regarding the use of the enterprise, including the right to convert, expand, sublease, etc.
This is only a general description of the main elements of a business lease agreement, and the specific terms may vary depending on the agreement between the parties and the legal requirements of the country. Before concluding such a contract, it is recommended to obtain legal advice.
Rights and duties:
The scope of the lessee's rights include: the right to dispose of the components of the enterprise, but within the limits specified in the contract without changing the value of the enterprise, the right to change the name of the enterprise. the right to demand compensation for the cost of inseparable improvements of the enterprise, regardless of whether the lessor gave consent to such improvements, the right to reconstruction, technical conversion of the enterprise, etc.
Responsibilities of the lessee: the lessee is obliged to accept the enterprise from the lessor, to pay the rent in the amount and in the period determined by the contract, to prevent deterioration of the condition of the enterprise, to provide the lessor with the opportunity to control the process of using the enterprise, in the event of the expiry of the validity of the contract - return the enterprise.
The scope of the lessor's rights: the right to receive rent, the right to control the use of the enterprise, namely its condition, as well as the right to receive the enterprise at the end of the contract.
Responsibilities of the lessor: to properly prepare and hand over the enterprise to the lessee, after the expiration of the contract to accept the enterprise from the lessee, for compensation for damages, in the event that the lessee allowed the deterioration of the condition of the enterprise, unless, of course, he proves that the deterioration was not caused by him guilt
The procedure for concluding an enterprise lease agreement may include the following steps:
Search for a business for rent: The lessor is looking for interested tenants or announces the intention to rent out his business.
Review of lease terms: Tenants review the terms of the lease, including the location of the business, its features, rent and other terms.
Negotiations and agreements: The parties negotiate the terms of the lease agreement, including terms, rent, obligations of the parties and other terms.
Signing the contract: After agreeing on all the terms, the parties sign the enterprise lease contract.
Transfer of the enterprise: The lessor transfers to the lessee actual access to the enterprise and objects located on its territory. In most cases, an act of acceptance-transfer is concluded between the parties at this stage.
Commencement of lease and payment of rent: After signing the contract and handing over the business, the tenant begins to use the business according to the terms of the contract and starts paying rent.
This is a general description of the procedure for concluding a business lease agreement, and the specific steps may vary depending on the terms of the agreement between the parties and the requirements of local law. It is important to obtain legal advice before entering into any contract.
lawyer services when concluding a contract:
Legal services will not only prepare a direct draft of the contract, but also implement the preparatory stage, which consists in checking the counterparty. The consultation of a lawyer may be necessary in order to take into account all existing risks, determine the scope of rights and obligations and conclude a contract in accordance with the requirements of the law and conduct a legal analysis of the situation. Therefore, lawyer consultation is a reliable tool for building strong legal relations.
