Legal encyclopedia. The letter a

RENTALS

(Property lease) - an agreement by virtue of which one party - the lessor (lessor) undertakes to provide the other party - the lessee (the tenant) with property for payment in temporary possession and use or for temporary use, and the lessee undertakes to pay the rent. The contract is consensual, mutual and compensated.

There are types of contracts A., such as rental contracts, A. vehicles with crew and without crew, A. buildings and structures, A. enterprises, A. residential premises, financial contract A. (leasing).

The elements of the contract are parties, subject, form and content, consisting of the rights and obligations of the parties.

The parties to the contract are the lessor and the lessee. The lessor may be the owner of the property or a person authorized by law or the owner to rent the property. Tenant - a person interested in obtaining property in

use.

Essential condition of the contract of A. is its subject. The subject can be only individually-defined, non-consumable and irreplaceable things (land plots, vehicles, property complexes, buildings and structures), since at the end of the contract the tenant must return the property in the same form and condition in which it received it, Taking into account wear. The law may establish types of property that are not allowed or restricted in A. The contract A. should specify the data that allow you to determine definitely the property to be transferred to the lessee as a rental object, in their absence, the property is not agreed by the parties, and the relevant contract is not considered concluded.

The form of the contract is regulated by the Civil Code. In addition to the general requirements for the form, special requirements are also set for the contract. Contract A. for a period of more than 1 year (and also if at least one of the parties to the contract is a legal entity) regardless of the term should be concluded in simple written form. Contract A.

Real estate subject to compulsory state registration in the institution of justice. Contract A., providing for the transfer in the subsequent ownership of property to the lessee, is in the form provided for the contract of sale of such property. The term of an agreement does not apply to essential conditions and is determined by agreement of the parties. If there is no condition on the term, the contract is considered concluded for an indefinite period. At the same time, each party has the right at any time to abandon the contract, but having warned the other side of movable property - for 1 month, for immovable property - for 3 months. The law may set maximum deadlines for individual types of property. In these cases, if the lease term is not specified in the contract and neither of the parties has renounced the contract before the deadline established by law, the contract expires upon the expiry of the deadline. The price of the contract (rent), like the term, does not apply to the essential conditions. In the event that the rent is not established by the contract, the usual rent is applied.

Termination of the contract may be for general

Grounds or early on demand of one of the parties. At the request of the lessor who previously notified the lessee in writing, the contract is terminated when the property is used with a material breach of the terms of the contract or the assignment of the property. At the request of the lessee, the contract is terminated in cases where leased property is not transferred, obstacles are created in its use if the property is in a condition not suitable for use. The agreement may provide for other grounds for termination.