An assessment of the rental value is performed to determine the amount of payment for the specified lease agreement term. The rental rate is limited to the following indicators:
- return on capital invested in the object. For the landlord, the rate must exceed the average rate of return;
- loan payments for the purchase of similar real estate. The rate does not exceed the cost of such a loan.
Within specified limits, when conducting an independent examination, the market value of the lease is calculated. This - average price hiring a specific property for which it is most likely to be rented. It is calculated taking into account the following conditions:
- the parties entering into the contract have full information about the characteristics and condition of the object. The agreement is concluded voluntarily;
- sufficient time has been allocated to find a tenant;
- for the date on which the assessment is performed, normal conditions and typical dynamics of rental rates apply;
- the assessment does not take into account atypical offers on the rental market for similar properties (too expensive or cheap).
Prices for determining the cost of rent (rent rates)
Why do you need a rental rate assessment?
Commercial organizations prefer not to buy, but to lease retail and production area, warehouses or offices. The costs associated with this are taken into account when creating the budget. If they increase, the costs for the organization increase, its work becomes less stable.
An independent examination of the rental rate establishes an accurate and objective price for renting a specific premises. The assessment results help the parties find fair and profitable terms rent.
If the role of the lessor is a federal state unitary enterprise, determining the rental price is necessary for renting out real estate. This requirement is established by Art. 8 Federal Law “On valuation activities in Russian Federation" It applies to buildings, premises, land plots and other objects owned by the state.
Timing for rent assessment
"Invest Consulting" (Moscow) conducts independent examination within a period of 3 working days. The period may be increased or reduced depending on specific conditions (volume of documentation provided, type of real estate, etc.). We guarantee reliable and objective determination of rental rates.
In accordance with the legislation of the Russian Federation (Article 607 of the Civil Code), any owner of a property has the right to lease this property to another person. This refers to “non-consumable” types of property, for example buildings, land, infrastructure, etc., i.e. objects that retain their properties during operation.
Depending on the terms of the agreement, the tenant, along with the right to use the object in his own interests, may also receive the rights full use and operation of this facility. That is, the lease right itself and other rights obtained under the agreement can be transferred to third parties in any legitimate form (for example, sale). But in order to profitably sell such rights, it is necessary to determine their market value. For this purpose, specialists from independent appraisal companies, who conduct the assessment of lease rights.
The rental rate is a payment that is collected monthly or annually by the lessor from the tenant for the right to operate a certain property (equipment, plots of land, buildings, etc.). Most often, an assessment of such a rate becomes necessary at the time of renewing or prolonging a lease agreement. It happens that property owners unreasonably inflate the rental rates on their properties in order to extract additional profit. Tenants, on the contrary, are trying in every way to reduce the rental price in order to save their money. IN similar situations Conflicts often arise between the tenant and the landlord, who cannot agree on the rental price. In such cases, an independent assessment organization is involved. Its employees conduct detailed research and calculations, as a result of which the most adequate and reasonable rental price is determined.
Here are several factors influencing the rental rate of a property:
- geographical location of the object
- distance from infrastructure facilities
- intensity traffic in this district
- nature of the lease (direct or sublease)
- rental terms
The rental rate assessment is also relevant when renting an apartment. Realtors may charge inadequate rates, since their fees directly depend on this. Of course, in such a situation, the most objective would be to determine the rental rate by an independent valuation specialist.
4532What is rent?
Thus, rent- this is a set of payments for the fact of owning property, expressed in cash or in kind and transferred monthly or for other periods of time. Rent does not necessarily have to have a market formation mechanism: the agreements reached between the owner and the tenant are at the forefront. At the time the lease is established, the tenant actually owns (but is not the owner and cannot dispose of) the property, using it for its intended purpose and is responsible for its safety.
Rent may be established for any movable and immovable property, in particular for:
- Apartments and other living space (all Chapter 35 of the Civil Code of the Russian Federation).
- Transport and other equipment, rental (installed).
- Land ().
- Financial assets(leasing).
- Enterprises and buildings.
Types of rent
Calculation of rent can be established within the framework of the contract, as well as within the framework of methods predetermined by law:
- Periodic or one-time payments paid before the expiration of the lease term. Payments can be fixed or floating, depending on the volume additional services, spent during . This type is the most applicable.
- Counter lease, expressed in kind. An option is possible in which the property is transferred into ownership, that is, payment in kind occurs. The parties determine a guaranteed period that serves as the necessary compensation for the transferred item. The term of a lease with a similar fee is determined by the duration of the counter lease.
- Income from management entrepreneurial activity carried out in a rented property. IN in this case is installed interest rate, applied both before and after. On practice this type rent is significantly inferior to fixed payments, since it introduces uncertainty and the risk of fraud for the lessor. The person acting as the employer informs about income, and the owner provides rent report.
- Investments in appearance and communications of the rented object. It is often mixed with fixed payments, allowing not only to receive money from rented property, but also to restore the quality of housing and vehicles.
- Other benefits and services provided by the tenant to the owner. In particular, the tenant may provide business services that would otherwise be provided only on a commercial basis.
Resolution of the Supreme Arbitration Court No. 3484/07 allows mixing of the above types of leases in any proportions established in relation to a certain market value rent. If the rent is set in cash, the amount of the rent is directly indicated within the contract.
Determining the amount of rent
The amount of payment is closely related to the type of rent, which is defined in the contract. If the rent is a certain proportion, the person renting the premises is obliged to provide documents on the basis of which the payment will be made. rent calculation according to the specified formula. In particular, references from tax office or cash receipts.
Fixed payment, including paid in a lump sum, is determined by the terms of the contract, which prohibits unilateral increases in rent. Since it is voluntary, the legislator assumes that the parties are able to independently determine the value of owning property based on market indicators. In this case, the tenant undertakes to pay the fee regularly on the basis of Article 614 of the Civil Code of the Russian Federation. This clause defines the most important obligation, the violation of which may lead to a revision of the agreement.
Procedure for payment of rent
Rent cannot be paid unless the property is transferred for use. Otherwise, the payment procedure is as follows:
- Persons planning to enter into lease agreement, jointly (or the owner alone) determine the cost of the agreement.
- An agreement is concluded according to the sample, within which the validity period of the agreement is indicated. By general rule indicated one year. The document also includes the procedure for making payments and responsibility, supplementing the norms of the Civil Code of the Russian Federation.
- The property is transferred into the possession of the tenant under an acceptance certificate. The document must contain the status of the subject of the transaction, as well as notes that the receiving party can make.
- Payment is made to the current account of the lessor organization specified in the agreement, or transferred personally as part of a receipt, act or other receipt document. Lease payments, not documented, cannot be considered extinguished.
- If property or a lump sum payment is transferred as payment, and the terms of the transfer are not specified within the contract, the tenant is obliged to provide them within 30 days from the date of gaining access to the object.
- At the end of the lease period, the current tenant has first right to renew the lease. At the same time, the rental price for it cannot exceed the supply of this object for open market. The tenant can send a letter to reduce the rent if the market situation allows it.
- All payments from the moment of payment become property, except in cases where the contract establishes a counter-lease. Thus, the tenant does not have the right to dispose of the funds and property assigned to the tenant under the agreement.
Early payment of rent
Civil legislation also determines that in situations where circumstances do not depend on the will of the tenant or landlord, early payment of rent is possible. Early payment does not always mean . In particular, if the tenant regularly violates the terms of the agreement and damages the property, the landlord may demand payment for two periods (usually equal to a month) established in the agreement.
The right to early payment of rent in favor of the owner can be used if the violation of terms is less than one month. Moreover, the landlord may require payment no more than one month in advance, which actually means prepayment. In the event of a judicial review, if the owner’s property is damaged as a result of the tenant’s actions and this requirement is stated in the application, the court may also force early payment of rent.
Also, early payment cannot cover the expiration date of the lease, even if the parties, guided by , decided to extend the lease terms.
The most popular questions and answers about rent
Conclusion
Rent is an effective tool for encouraging owners who do not independently use the subject of their rights. Rent can be set unilaterally or by agreement between persons. The transfer of property to other persons for a fee is discussed in detail in the Civil Code of the Russian Federation, the Land Code of the Russian Federation, as well as certain federal laws, establishing:
- Mutual obligations to transfer property, funds and comply with deadlines between the tenant and the landlord.
- The need to pay rent on time.
- Various forms of payments, limited only by the terms of the agreement.
- Possibility of receiving payments ahead of schedule if circumstances so warrant.
Most often, people rent non-residential premises for commercial purposes and entrepreneurship, because buying or building your own is very expensive, and not everyone can afford it. Especially when it comes to beginning businessmen.
Renting non-residential premises, as well as making payments, is regulated by a special law of the Russian Federation, which also applies to other real estate objects rented out for use to other citizens. Such a transaction differs from the rental of apartments or houses only in that we are talking about a non-residential property.
It is important that all tenants understand that any law establishes the framework for the use of such real estate and the payment for use. If you use it for other purposes, the landlord may demand compensation from you for damages or termination of the contract.
Do not forget that repairs and utility costs also fall on the tenant and this fact discussed in advance and described in the contract.
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The essence of the lease agreement
Do not neglect the fact that there are nuances that should be taken into account. These include:
It is worth noting that the documents may differ depending on who is the parties to the transaction: individuals or legal entities.
What is rent?
This question is considered the most important when concluding a lease agreement. No description of the amount for use non-residential premises, the document may be declared invalid. If necessary, the rental calculation can be changed, but only with the consent of both parties.
The price is calculated based on factors such as: 
- Location of the room;
- Technical condition;
- Degree of wear;
- Materials used in construction;
- Purpose of the building;
- Type of room.
This is not the entire list from which rent is calculated. It is necessary to take into account the rent for all premises in the building.
What does the fee include?
Into account rent payment The amount for the use of the plot of land on which the premises are located or the land adjacent to it is also included separately. If the document states that you do not have to pay, then this option is excluded. Even in the legislation there is a rule that allows you to pay for these two real estate items separately if necessary.
The rental rate is calculated per square meter of the premises, but if desired, both parties can take another unit of measurement for the calculation. If we are talking about a long-term lease agreement, then the annual rate is used. Each city and region of the country has its own annual rate indicators and must be adhered to. However, this rate almost never includes bills for repairs and utility bills.
The fee for the use of non-residential premises consists of two amounts. The first is the cost of the tenant, which is calculated based on the costs of maintaining the building in addition to repairs. The second part is the profitable part, which concerns the direct profit of the owner of the premises from the delivery of the building.
When calculating fees for the use of real estate, it does not matter at all what activities the tenant will engage in there. This fact should not affect the amount of the amount.
What should be included in the document?
When drawing up a lease agreement, you need to know what information must be included in it in order for the transaction to be recognized as valid.
These include:
- The name of the document and its number;
- Place and date of drawing up the contract;
- Personal data of each party;
- Subject of the agreement with him full description and indicating the documents that must be attached;
- Estimated value of real estate. This fact is very important, because when controversial situations or damage to the premises, it is necessary to carry out repairs or compensate for the damage;
- Responsibility of the parties. Most often this concerns the tenant and the fact that if the rules of operation of the premises are violated, he will have to cover the damage himself. Therefore, they often immediately take out insurance for the building at the expense of the tenant;
- Description of expenses and indication of the citizen on whom they fall;
- Rental price.
Responsibilities of the parties to the contract
It is important to remember not only your rights, but also the obligations of the parties. The success of the transaction will depend on this.
The tenant is obliged to use the premises only for its intended purpose and ensure that the building is in the same condition in which he received it. If necessary similar problems needs to be decided immediately. Prohibit various inspections and analysis of the premises authorized organizations, he can not.
If we talk about the obligations of the landlord, then he must carry out timely major renovation premises, monitor good service utility services and initially transfer all documentation for non-residential real estate.
Duration of the deal?
Many are also interested in the question of the validity period of the document. There are no restrictions here, so the parties should discuss this immediately and indicate the date in the document. If the date is not specified, then the contract will remain in force until the parties decide to terminate it. In cases of premature termination of tenancy, the tenant and owner must be notified at least three months in advance. The period may be different if it is described in the document.
What should be included in the document?
Many people forget to describe the moment regarding the renovation of the premises. Thus, when making a calculation, the tenant may not receive compensation if he carried out the repairs himself. It will be very difficult or almost impossible to prove this fact later.
It is necessary to immediately discuss all the rights and obligations of the parties and describe them in the contract. In this way, disputes and litigation can be avoided. But the rent and its calculation - the most important question, which is indicated first in the document.
If you remember all of the above, then in the future you should not have any disagreements or disputes with the other party to the transaction. You will be engaged commercial activities legally and for a reasonable fee. The main thing is to draw up the contract correctly and, best of all, register it with a notary, for your own confidence in its legality.
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