Encyclopedia of solutions. Fixed and variable parts of the rent. Daily business Renting housing for employees - foreign citizens

The monthly rent for the use of the Premises and adjacent Areas and Parking Spaces (hereinafter referred to as the “Rent”) consists of:

Constant or fixed part of the rent

Fixed part of the rent sum of money, charged for renting the Premises and including VAT 18%. The Fixed portion of the rent is calculated at the following rates per square meter of rented Premises:
- ___.00 rubles per month per square meter of rented area of Warehouse Premises, including VAT;___.00 rubles per month per square meter of rented area of Office and Amenity Premises, including VAT;
- ___.00 rubles per month per square meter of rented area of Office Premises, including VAT. The cost of the Fixed part of the rent includes the Services specified in the List of Services (Appendix No. 5). The cost of the Fixed part of the rent includes the use of the Property by the Tenant.

Variable part of the rent

The variable part of the rent includes (consumption limits are set in Appendix No. 6 - the amount of expenses for consumed electricity, calculated at the tariffs established by the organizations providing the relevant services in accordance with meter readings (the amount of electricity provided, kW); - the amount of expenses for water consumption and sewerage, the calculation of which is carried out according to tariffs established by the organizations supplying the relevant services in accordance with the readings of metering devices or in accordance with the calculation of the consumption rate agreed upon by the parties. - the amount of expenses for telephony and Internet traffic, the calculation of which is made on the basis of tariffs, established in Appendix No. 6. Fees for the use of Parking Spaces. Payments are calculated at the following rates: 7500.0 rubles per month (not subject to VAT), for one Parking Space for trucks; 1500.0 rubles per month (not subject to VAT). VAT) for one Parking Space for passenger vehicles.

Changing the rent in the lease agreement

The Lessor reserves the right to change the cost per square meter of the rented Premises on its own initiative, but no more than 1 (One) time per year from the Start Date of the lease and no more than 5% of the previous cost per square meter of the rented Premises, with prior notice to the Tenant in less than 1 (one) month. In this case, the parties sign an additional agreement to this agreement. The lessor has the right to unilaterally increase the rate of the variable part of the rent depending on changes in the tariffs of organizations providing the relevant services. In this case, the Lessor attaches to the written notice of changes in the cost of utilities and operating services sent to the Tenant the relevant documents confirming the fact of changes in tariffs or cost of services.

We accept lease agreements for expert evaluation. We are engaged in drafting complex contracts.

Registration (permanent registration) in Moscow, in an apartment at a low cost. We provide full legal support from A to Z, starting from the selection of residential premises (its inspection) and ending with support of the transaction in government agencies. Always, at least 9 – 11 districts of your choice. Registration takes place strictly within the framework of the law, only officially through the MFC or directly through the Migration Point. The presence of the owner of the property and the person who is registered is mandatory. (Permanent registration in Moscow) your passport will be stamped in 30 minutes to 5 working days, depending on the chosen method of submitting documents. If you want to buy a residence permit in Moscow, then this is not for us. We do not sell it, we offer legal support for obtaining registration.

Moscow registration

Moscow registration is issued taking into account all the norms and standards established by the Russian government, strictly through government agencies. In the apartment where you will be registered, in addition to you, 5 to 8 other people will be registered. No rubber flats! Moreover, rubber apartments are criminally punishable.

Permanent registration in Moscow is where your success begins.

Once again we want to repeat and convey to you that permanent registration in Moscow, which is issued through our company, is 100% official. With it, you can get everything that is required by law.

Enroll your child in school or kindergarten.

Good work in government agencies and commercial organizations.

Obtain bank loans, including mortgage loans.

Free health care, in public clinics.

Get a new passport or exchange your existing one.

Get a driver's license.

Receive the pension that is due by law.

Registration in Moscow for

Registration in Moscow for Citizens of the Russian Federation is a fairly popular service these days. No matter how trivial it may sound, almost any Russian who comes to work in Moscow faces the state bureaucratic machine.

Registration in Moscow for foreign citizens

– this is a necessary step in further obtaining Russian citizenship. Indeed, according to the law, a person who has received a temporary residence permit must register for registration for the entire period of the Temporary Stay Permit.

Obtaining a residence permit or registration under a residence permit in Russia is legally required for the entire 5 years of the validity period of the residence permit.

Why do we have registration in Moscow at such an affordable price?

Elementary! We are the final company that provides this service. Let’s open the curtain a little, we have about 6-8 intermediaries who bring clients to us, with their own “inflated cost”. We are not intermediaries! Our price, first hand.

Another fact: there are many offers on the Internet for registration of registration through the purchase of a share. This is a very expensive process and the price can reach up to 1,200,000 rubles. We have an affordable product, no worse: registration in Moscow without the right to living space. or contact us and register for much less money? There is no clear answer. It all depends on your goals and financial capabilities. And what is right for you requires analysis.

However, regardless of your choice, you need to remember that registration in Moscow is issued within 6 regulated days by the State body.

The principle of freedom of contract allows us to establish a mechanism for determining the amount of rent that is convenient for the tenant and the landlord. This may be a fixed amount paid monthly, or an amount that includes reimbursement of maintenance costs for the leased facility. In the latter case, the wording of the contractual provision requires special attention.

The procedure, conditions and terms of payment of rent are determined by the lease agreement (clause 1 of Article 614 of the Civil Code), and in their absence, the procedure, conditions and terms of payment usually applied when leasing similar property under comparable circumstances are applied. A similar rule is established in paragraph 3 of Art. 424 of the Civil Code of the Russian Federation for the contract price: if it is not included in the text of the agreement, the execution of the contract must be paid at the price that, under comparable circumstances, is usually charged for similar goods, work or services.

But when concluding a real estate lease agreement, this rule cannot be applied, since rent is its essential condition (Article 432 of the Civil Code of the Russian Federation). In the absence of a condition agreed upon in writing by the parties regarding the amount of rent, the real estate lease agreement is considered not concluded (Article 654 of the Civil Code of the Russian Federation).

The terms of the rent must be formulated in such a way that it is possible to determine exactly when and in what amount the tenant is obliged to make the appropriate payments. The agreement may establish a fixed amount of rent or the procedure (mechanism) for its calculation. In the latter case, the rental agreement will also be considered agreed upon.

The amount of rent may be changed by agreement of the parties within the time periods stipulated by the contract, but not more than once a year, unless otherwise provided by the contract (clause 3 of Article 614 of the Civil Code of the Russian Federation). A change in the amount of rent in accordance with the mechanism provided for in the agreement does not constitute a change in the lease agreement, and, therefore, is not subject to the restrictions mentioned above (clause 11 of the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated January 11, 2002 No. 66, hereinafter referred to as Information letter No. 66). For example, the condition of indexing rent depending on inflation does not contradict this restriction. Although the amount of rent changes, the procedure for calculating it remains unchanged.

It is better to provide in the contract for the consequences of the loss of the lessor’s VAT payer status

It is recommended that the lease agreement specify whether the rent includes value added tax (VAT). And if it includes, then it will also be necessary to determine what part of the specified amount is rent, and which one is VAT. For example, indicate the current tax rate to avoid disputes in the future when the tax rate changes during the contract period. It is also recommended to indicate in the agreement that VAT is not charged on the rental amount if the lessor is not a payer of this tax.

All this must be done, since otherwise the parties may have disagreements regarding the amounts to be paid as rent. The position of the courts on this issue is ambiguous, and as a result, the lessor may receive rent in an amount less than expected (resolution of the Federal Antimonopoly Service of the West Siberian District dated September 17, 2010 in case No. A70-14225/2009), and the tenant may be forced to pay VAT in excess the amount of rent (Determination of the Supreme Arbitration Court of the Russian Federation dated February 10, 2010 No. VAS-1414/10 in case No. A51-7727/2009).

A situation is likely where initially the lessor was a VAT payer and in the contract the amount of rent was agreed upon taking into account the tax, but later the obligation to pay this tax ceased. For example, when the lessor switches to a simplified taxation system (clause 2 of Article 346.11 of the Tax Code of the Russian Federation) or in the event of a change in the owner of the leased property, if new owner is not a VAT payer. In this regard, it is in the interests of the tenant to include in the contract a condition that in the event of termination of the landlord’s obligation to pay VAT, the rent is reduced by the amount of the tax. If such a condition is not agreed upon, the court may refuse to satisfy the request for the return of overpaid rent in the amount of tax (resolution of the Federal Antimonopoly Service of the Volga-Vyatka District dated 05.08.2011 in case No. A43-24309/2010). At the same time, there is another position when the payment with the amount of VAT included in it is recognized as unjust enrichment of the lessor (resolution of the Federal Antimonopoly Service of the Volga-Vyatka District dated January 15, 2010 in case No. A29-2100/2009).

Rent may include constant and variable parts

Rent cannot be set as payment by the tenant utilities(electricity, water, heat), fuel, lubricants and other materials consumed when using the rental property. The fact is that with such a payment, the lessor actually does not receive any remuneration from the tenant for the granted right to use the leased object, and this contradicts the compensated nature of the agreement (clause 12 of Information Letter No. 66).

In order to reimburse the cost of utility services consumed by the tenant, the parties increasingly indicate in the agreement that the rent consists of two parts - constant and variable. The size of the constant part is determined as a fixed value (or the mechanism for calculating it), and the variable part is defined as the cost of utilities consumed by the tenant.

The condition defining the procedure for paying utility bills is an important point of the contract. After all, contracts with resource supply organizations are concluded by the lessor and invoices are issued in his name, and the lessee will have an obligation to reimburse such expenses if this is provided for in the agreement. Utility and other payments include the cost of water supply and sewerage services, telephone communications, consumed electricity, heat supply (gas supply), as well as fees for cleaning premises, garbage removal, etc.

Accounting for utility and operating payments as part of the rent is possible in several options. First, you can set a fixed rent, which already includes the cost of such payments. The tenant then pays a fixed rent each month. Secondly, it is permissible to determine the amount of rent without taking into account the cost of utilities, indicating the right of the tenant to independently enter into agreements with resource supply and service organizations. It should be taken into account that the conclusion of such agreements will entail the emergence of additional obligations for the tenant to such organizations. And thirdly, the parties have the right to establish a rent consisting of a fixed and variable part.

In the latter case, the rent consists of payment in part of the rented premises in the established amount ( permanent part) and rent in terms of reimbursement of the cost of utilities actually consumed by the tenant (variable part).

It is better to fix the amount of the variable part of the rent for each month separately

In practice, the amount of rent in terms of reimbursement of the cost of electrical energy consumed by the tenant is determined either on the basis of the electricity meter readings, separately installed for the tenant, or on the installed power by taking into account the power of all electrical appliances operating in the premises and the approximate duration of their operation. The amount of water or gas consumed can also be determined by the meter. Calculation of the cost of heating services depends on the total heated area, calculated in cubic meters. Reimbursement of telephone communication costs is made on the basis of data on the status of the personal account provided by the communication organization.

To recognize a fixed part of the rent as an expense, the tenant only needs to have the lease agreement itself, in which it is defined. To recognize the variable part in expenses, a separate primary document is required, which will reflect the cost of utilities consumed by the tenant with a breakdown by type of service and with links to the relevant documents and the amount of the variable part of the rent for the month calculated in accordance with the lease agreement.

What is this primary document? When concluding an agreement, the parties to the lease agreement independently agree on this issue in relation to a specific situation. This can be a bilateral act, or a certificate from the landlord’s accounting department. The main thing is that the document used contains all the mandatory details listed in Art. 9 of the Federal Law of December 6, 2011 No. 402-FZ “On Accounting” (clause 1 of the letter of the Federal Tax Service of Russia dated February 4, 2010 No. ШС-22-3/86@).

If, in accordance with the agreement, the rent (or part thereof) is a variable amount, then in order to recognize this amount as an expense, the tenant must receive a primary document from the lessor every month, since the amount of the rent varies from month to month. And when the rent is determined in the contract at a constant (fixed) amount, monthly acts confirming the amount of payment are not needed, since the amount of the rent does not change.

It is worth remembering that difficulties may arise with the preparation of primary documentation, since the landlord is not a supplier of utility services to the tenant, but in fact acts as an “agent” of the tenant in transferring payments for services provided by resource supply organizations. For the landlord, these payments are not income, but serve as compensation for expenses.

Where can I rent commercial non-residential premises or a warehouse? How to rent retail space for a store? How to rent out commercial real estate correctly?

Hello to everyone who has visited the website of the popular online magazine “HeatherBeaver”! We have an expert with you - Denis Kuderin.

The topic of today's conversation is commercial real estate rental. The article will be useful to businessmen, owners non-residential premises and to all those who are interested in current financial issues.

At the end of the article you will find an overview of the most reliable Russian real estate companies that provide intermediary services in leasing commercial properties.

So let's begin!

1. Why rent commercial real estate?

Successful business activity largely depends on the well-chosen premises for doing business. This is especially true for trade and the service sector. A cozy, well-equipped store in a busy part of the city attracts customers in itself.

The same can be said about offices. Every self-respecting company should have good premises for work and receiving visitors. Even if you sell goods through an online store, you need a place to complete and issue orders, as well as resolve disputes with customers.

Not every businessman, especially a beginner, can afford to purchase non-residential premises. In such cases, renting commercial real estate comes to the rescue.

We list all the advantages of renting:

relatively low financial costs;
a simpler documentation procedure compared to purchasing;
the ability to change the landlord and move to another building at any time;
a large selection of real estate, especially in big cities.

The reverse process - renting out premises - also has many advantages. First of all, it is a reliable source of passive income. Acquisition of property commercial space(retail, office, industrial and others) - a good investment option.

While it exists private business, its representatives will constantly need premises to conduct business, which means that property owners will have a stable profit without much labor.

Finding suitable premises for a business is a troublesome undertaking. The fastest and most reliable way to find an object is to use the services of professional intermediaries.

There is a detailed article on our website about how modern ones work.

2. How to rent commercial real estate - 5 useful tips

When renting commercial properties, you need to be as careful as possible in their selection. The parameters and functional characteristics of the premises determine how soon you can start a business activity, and whether the object will fully meet the goals of your business.

First, decide how you will look for suitable premises - on your own or with the help of an agency. The first method assumes the presence of an unlimited supply of free time and is associated with various risks. The second option is safer and more reliable.

You will find additional information on the topic of working with intermediaries in the article “”.

Expert advice will help you avoid common tenant mistakes.

Tip 1. Carefully study the hood and ventilation systems

You or your employees will be working in the room, so the presence of working ventilation systems is the most important point. The lack of powerful and autonomous ventilation in a building is a real obstacle to the normal operation of a cafe, restaurant, or grocery store.

Food products must be stored in appropriate conditions, and visitors and sellers should not be disturbed by foreign odors. Moreover, sanitary services simply will not allow you to use the facility as a catering establishment or grocery store if it only has general ventilation.

Tip 2: Focus on loading and unloading areas

A convenient area for loading and unloading goods is another key point for owners of cafes, restaurants, canteens and shops.

It is important that the area where loading and unloading operations will be carried out does not overlook the courtyard of a residential building or the roadway. If you disturb residents or motorists, you will be tormented with complaints.

The issue of adequate power supply is especially relevant for tenants whose business involves the use of energy-consuming equipment - refrigerators, electric ovens, machine tools, etc.

Make sure that the electrical cables in the room are capacious enough to fully meet the needs of the enterprise.

Tip 4. Read the terms of the contract carefully

Before signing your signature on the lease agreement, carefully read the terms and conditions under which you are entering into a deal.

The contract must contain the following points:

rental terms, cost and method of payment;
if the premises are rented with equipment, then an inventory of the property must be drawn up;
liability of the parties for violation of the contract;
terms of termination of the agreement.

The costs of utility bills, garbage removal, maintenance of the fire protection system and security alarm are usually borne by the tenant. However, the landlord pays for major repairs, if necessary, including replacement of plumbing communications and electrical wiring if they fail.

Discuss in advance with the landlord the issue of property insurance - whether such an agreement will be drawn up, and if not, decide who will pay for losses in the event of unforeseen situations.

It is imperative to check the owner’s title documents – the purchase and sale agreement, an extract from the State Register on the right of ownership.

Make sure that the premises actually belong to the person who is renting it to you. Otherwise, one day the real owner of the object will appear with the appropriate powers. It is also important that the premises are not mortgaged, have not been seized for debts, or have other encumbrances.

A person who is far from the intricacies of housing law should take advantage of professional help when renting or purchasing non-residential premises. For example, you can clarify for yourself all the unclear points on the Pravoved website, a resource where specialists from all areas of jurisprudence work.

You can ask your question even without registering, right on the main page. You will receive a legally correct and competent answer in just a few minutes, and completely free of charge. If your problem requires in-depth study, you will need to pay for the services of professionals, but you have the right to set the amount of the fee yourself.

Step 2. Determine the amount of rent

To find out the optimal rental price, use one of two options. The first is to personally review your city’s databases and determine the approximate price range for renting similar premises. Second, delegate this task to a realtor.

By the way, in addition to real estate agencies, private brokers provide intermediary services. They typically charge 25-50% less for their work than companies. However, private specialists working with non-residential real estate, even major cities– units.

5. If you rent out commercial real estate – 3 main risks for the landlord

Every landlord is concerned about the condition of his property and wants to make a profit from rent, not losses.

We will list the main risks for commercial property owners and show you how to avoid them.

Risk 1. Use of the premises for other purposes

Each well-drafted lease agreement specifies for what purpose and how the leased premises will be used. This also applies to equipment that you rent out along with your rental.

If the tenant promised to use the premises as a warehouse, but installed a retail store in it, you have the right to fine him or terminate the agreement without returning the rental price.

Risk 2. Damage or loss of property

You handed over the facility and equipment to what you thought was a respectable citizen, but he, to use diplomatic language, did not live up to your expectations. Namely, he brought the premises to a state of ruin, broke the equipment, unscrewed the light bulbs and generally behaved like a pig.

In such cases, the owner has the right to demand compensation for damage in full. Moreover, not only repair costs must be reimbursed, but also the market value of the damaged equipment.

Liability is not provided if the object and property were damaged as a result of unforeseen circumstances - for example, a fire or flood.

Risk 3. Tenant’s refusal to pay monthly rent

Sloppy payers should be punished with rubles. However, this is possible, again, if the lease agreement is drawn up according to all the rules. That is, the document must clearly stipulate the terms and amount of monthly payments.

6. If you rent commercial real estate - 3 main risks for the tenant

The tenant may also suffer as a result of illegal or unauthorized actions of the landlord.

Risk 1. Renting premises to which the “lessor” has no legal rights

If the premises are rented to you by a person who does not have the legal rights of the owner to the property, the contract will be considered invalid. To avoid this, require the presentation of title documents.

You can independently obtain an extract from Rosreestr by contacting Multifunctional Center. The service is paid, but you will reliably know “who’s boss.”

Risk 2. Changing the locks on the premises immediately after making an advance payment

Yes, such situations still occur in nature. You sign an agreement, make an advance payment, receive the keys from hand to hand, and when you want to move into the premises with your property, it turns out that the locks have been changed, and there is no trace of the “owners”.

There is only one way out in such a situation - to contact the police and initiate a criminal case on the fact of fraud.

Risk 3. Sublease

The best way to explain this is with a simple example.

Example
The tenant Andrey, an aspiring entrepreneur, rented space for a store for a year, paying six months in advance. At the same time, the businessman did not check the title documents, relying on the honesty of the lessor.
After a month of successful trading, a real owner showed up in the store with a full set of original documents. He politely asked the tenant to move out of the occupied space. Andrey tried to find a subtenant in order to at least get his money paid in advance back, but the enterprising intermediary never responded to either calls or SMS.
Bottom line: Deal directly with the owner. At the very least, he should be aware of all the manipulations that occur with his property.
7. Professional assistance for tenants and landlords - review of TOP-3 real estate agencies
Finding a qualified intermediary is a difficult task. To help readers, we have compiled a review of the most reliable companies in Russia working with commercial real estate.
1) Agency.net
Real estate management agency. Will help landlords and tenants rent and rent: office, retail space, workshop, warehouse, mansion and any other commercial real estate. The company employs only experienced and qualified lawyers and realtors.
A significant advantage of the company is its professional approach, the presence of a detailed website, and the development of an individual strategy for each client of the office. There are no real estate services that the company’s specialists cannot provide to users.
Commercial real estate in Moscow and the region - the main specialization of the company. Respect has been operating on the market since 2004. The agency's initial goal was to provide clients with the widest range of services related to the rental, purchase and sale of real estate.

A room that you can rent for 500 rubles per hour costs 100,000 rubles per month. To justify permanent lease, you are required to work 200 hours per month at your premises. This is 7 hours every day without a single day off. It doesn't happen that way.

You need freedom of choice

Your course/seminar/training/presentation may have a lot of people - and then you will need a larger than average room. There may not be enough people - and then there is no need to overpay. The group may not be able to gather at all, then you need to refuse the rental. All this can be done using the SpeedRent rental service.

Your clients don't care under what roof you work today.

Customers have long been no longer loyal to locations. The area of the city is important for them - yes, the distance from the metro station is important. But for them it doesn’t matter at all where you meet them today - in business center X or in business center Y across the street. A permanent reception place has ceased to be part of the reputation. The website and telephone number must be permanent. The quality of service should be constant - but not the address of the hall!

Being tied to “your” real estate, you cannot concentrate on your clients

Bills for maintenance, electricity and water, thoughts about the next crazy payment to the landlord - all this drains your vital energy. Enough tolerating this! Exchange hourly rental premises frees your hands.

Searching for space on a website is free

We do not charge money for processing applications from event organizers. We do not sell information. SpeedRent receives its remuneration as a percentage of the rental price only from completed transactions, upon the fact of the event and provided that there are no claims from the tenant and the landlord.

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