When the need arises to draw up a lease agreement and a deed of transfer to it, citizens have questions regarding the form of documents, features of drafting and other nuances. In this article, we will consider in what situations it is necessary to draw up a transfer deed, and how to draw up an act of acceptance and transfer of non-residential premises for rent in 2020. What items should be included in it, is it necessary to register the entire list of property available on the premises and other questions. General points The act of accepting the transfer of non-residential premises being leased serves to legally transfer the premises to the tenant for use on a temporary or permanent basis. The act is attached to the lease agreement as an appendix. In this section, we will consider what it is, what it is required for and what its purpose is, and we will also understand the legislative regulation of the issue.
Certificate of acceptance and transfer of the building upon termination of the lease agreement
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That is why it is necessary to pay due attention to the acceptance of the premises back after the end of the lease agreement. If with an inventory of property If there is property in a non-residential premises, it is necessary to describe it in detail in the form of a list in the transfer deed.
It is necessary to indicate the quantity of property, its condition, the presence of known defects, as well as other important data according to which the owner will accept the property back at the time of termination of the contract. In the absence of an act of acceptance and transfer of non-residential premises as an annex to the lease agreement, such an agreement will not be considered fully concluded.
Sample termination agreement
Failure to comply with the form of the agreement on termination of the contract in some cases may lead to the invalidity of the agreement on termination (resolution of the Moscow District Court dated September 21, 2020 in case No. A41-82273/2015), in other cases - failure to conclude an agreement on termination due to lack of proof of the will of the parties (decision of the Moscow City Court dated 02.02.2020 No. 4g-741/2020).
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The agreement to terminate the contract is signed by the partners when they have come to the conclusion that it is advisable to terminate further cooperation. This article will discuss in detail in what cases and how this document is drawn up, and what the risks of its preparation are for the parties.
Transfer act of non-residential premises upon termination of the lease agreement
The rental agreement for the premises is concluded for a certain period. When it expires, the tenant must either renew the existing lease or return the commercial premises back to its owner.
But simply handing over the keys does not meet the established rules; the owner must make sure that what is being handed back to him is what the tenant rented to run his business. That is, windows and doors must be intact, equipment in place, and communication lines in good condition. Therefore, the return procedure must take place according to certain rules, with the drawing up of an acceptance certificate for property transferred for temporary use to a third party.
After writing the application
After completing the application, it must be transferred to the other party to the contractual relationship. You can do this in several ways:
- the first and most reliable is to give it personally, from hand to hand to the service provider;
- send the document via regular mail by registered mail with return receipt requested (with a list of attachments) - this route also guarantees that the message will reach the recipient;
- submit the application through a representative, but only if he has a valid, duly certified power of attorney from the applicant;
- send an application via email, but only if such a procedure is specified in the contract;
- if there is electronic document flow between the parties, then it is allowed to send the application through the user’s personal account or via Internet banking (in situations when we are talking about credit institutions and their clients).
Termination of a service agreement is required when one of the parties violates the terms of the agreement, or the customer is unable to fulfill the order, or the contractor’s need for the service ceases to exist.
As a rule, any standard service agreement provides for a procedure for its early termination.
In the event that a unilateral termination of the contract for the provision of services is carried out, i.e. termination at the initiative of one of the parties, the initiating party pays the costs incurred by the other party.
The agreement to terminate the contract for the provision of services changes the parameters of the main contract in terms of the conditions for termination by the parties to the contract. If there is mutual agreement on the need for termination, without the obvious fault of one of the parties, the parties can determine the procedure for terminating the contract without providing for any penalties.
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Certificate of termination of contract sample form
- The title of the document is written: “Act of acceptance and transfer of non-residential premises and property.” Here they also provide a link to the main lease agreement, between whom it was concluded and the date of its registration;
- You can additionally indicate the persons present during the execution of the document, their personal data and position;
- then the name of the companies between which the lease agreement is concluded and the main accounting details of the parties are written down;
- Full names of managers or persons acting under a power of attorney;
- the basis for drawing up the document is the expiration of the lease agreement or its early termination;
- full postal address of the rental property;
- then they move directly to a description of the state of the premises, communication lines, etc.
Certificate of acceptance of transfer upon termination of the lease agreement
Information about the document drawn up is recorded in the journal of all correspondence by the clerk or accountant of the property owner; the tenant is also required to store his document in a safe place. Both the executed act when renting out non-residential premises, and after the end of all business legal relations with the tenant, the acts must be kept for storage along with the main contractual agreements.
Attention
The storage periods for all basic documentation under concluded contracts are defined in the Legislation, usually about three years, this is the limitation period for the claims of the parties to transactions. Or such a time period that is established by the internal economic policy of the organization.
At the end of all storage periods, the document must be disposed of in the usual manner.
Certificate of acceptance of transfer upon termination of the contract
- Identification of the contract, that is, its name, number and date of conclusion are indicated.
- The date from which the contract will be considered terminated is indicated.
- When the contract is fully executed, it is indicated that the parties have no claims against each other. If it is performed in part, then this is also indicated.
- The number of copies of the agreement is indicated.
- The details of the parties are specified.
- Signatures and seals of the parties are affixed and a copy of the document is handed over.
- The agreement, if necessary, is accompanied by acts of acceptance and transfer of leased property.
Termination Agreement
It is further indicated that the agreement is valid from the moment it is signed by both parties. This is a common formality specified in many contracts, so we will not focus on this too much. This is followed by paragraph 3, which states that the obligations of the above parties terminate under the previously concluded agreement from the moment the termination agreement is signed.
After this, it is indicated that the parties entered into an agreement for various reasons. The reasons themselves are subject to detailed description. The reasons that led to the termination of the previously concluded agreement are indicated, as well as the date of the previously concluded agreement. All this is indicated in the first paragraph.
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Certificate of acceptance of transfer upon termination of the tenancy agreement
It is mandatory to indicate the following data in the transfer and acceptance certificate: Number of the specific lease agreement Appendix to which this act is Place and date of execution of the Transfer Act Details of the owner of non-residential space For individuals and enterprises, details are recorded on the basis of a personal passport or statutory documents Details of the tenant In the role which can also be either a citizen or an organization Number and date of drawing up the Property Lease Agreement Detailed description of the subject of transfer Purpose of use, clear area in sq.m., exact address. If a non-residential property is leased along with equipment, appliances, furniture sets and other property, then the act must include a list of them indicating breakdowns, if any.
Additional agreement on termination of the contract
A termination agreement is a document indicating the mutual voluntary desire of the parties to terminate the relationship within the framework of a specific agreement. Through this document, the principle of freedom of contract, which underlies the Civil Code of Russia, is implemented.
From the moment of signing, all obligations under the terminated contract are considered fulfilled. However, there are conditions that may continue after the contract is terminated. This is, for example, warranty service for goods purchased under a contract. Or return after termination of the lease agreement of the leased item itself.
Act of acceptance of transfer of property upon termination of the lease agreement
Important
After the expiration of the agreement, the tenant must return the premises to the owner in its original condition. No mutual claims Between the parties The transfer deed is drawn up in two copies, both parties attach it to the lease agreement. Sample document The acceptance certificate must record the general condition of the premises being leased, the presence or absence of defects, as well as the condition of all property, utilities, equipment and furniture located in the premises.
When drawing up the act, special attention should be paid to the degree of readiness of the non-residential premises for use for the intended purposes, which are specified in the lease agreement. It is also recommended to provide detailed information about the presence of repairs carried out in the premises - for example, high-quality and new or not updated for a long time.
Certificate of acceptance of the transfer of the car upon termination of the rental agreement
Orekhovo-Zuevo MO dated 04/26/2012 N 457/45) Certificate of acceptance upon termination (termination of validity) of the Lease Agreement N dated "" 20 of real estate owned by the municipal entity of the Orekhovo-Zuevo urban district of the Moscow region . Orekhovo-Zuevo, Moscow region "" 20 We, the undersigned Tenant (full name of the business entity) represented by , (position, full name) acting on the basis of , (name and details of the regulations, charter, license, etc. .d.) and the Lessor (KUI, municipal enterprise, municipal institution) represented by , (position, full name) acting on the basis of , (name and details of the regulations, charter, license, etc.) drew up this act about the following: - on the basis of (name of document) the Tenant transfers to the Lessor the following property located at the address:
Step-by-step instruction
The agreement must indicate:
- Date and place of compilation;
- Parties – full name, location (address), surnames, first names, patronymics of representatives, and details of documents confirming their authority (for example, a charter of an organization or a power of attorney). Usually, the counterparties are named in the same way as in the main agreement (buyer and seller, tenant and lessor, customer and contractor, etc.). You can also call them "Side 1", "Side 2";
- Details (date, number, name) of the agreement;
- The date of termination or the condition by which it is determined;
- If any, a description of the mutual obligations of the parties to the transaction or the obligations of one of them that must be fulfilled after termination, and the consequences of their failure to fulfill them;
- Addresses, details, signatures and, if available, seal impressions.
The agreement may indicate the reasons for termination of the contract, but is not required.
The document is drawn up in a number of copies equal to the number of parties, plus, if registration or notarization is necessary, copies are added for the specified authorities.
In case of transfer of property upon termination of the contract, the corresponding act on this is attached to the agreement.
Certificate of acceptance of transfer of apartment upon termination of the lease agreement
Upon termination of a rental agreement. Upon completion of the period of validity of the agreement and its termination, an act of return of the non-residential property is drawn up. When receiving back his premises, the owner is obliged to check whether the premises are returned in their original condition and whether any defects or breakdowns have appeared due to use by the tenant. It is also necessary to check all the property, its integrity and safety, and only after that the owner can sign the return certificate, thereby certifying that there are no claims against the tenant. It is necessary to carefully inspect the premises for hidden defects, such as cracks in the floor, breakdowns of internal networks and communications. After signing the act, the owner will no longer be able to make claims to the tenant regarding breakdowns discovered later and receive financial compensation from him.
How to draw up an agreement
In order to draw it up, you need to stipulate the conditions and consequences of this step.
Thus, as a general rule, a contract is considered terminated from the moment an agreement to this effect is signed. However, it can be provided that its effect is terminated:
- from an earlier or, conversely, later date,
- after certain conditions are met (for example, fulfillment of part of the obligations, payment for services already rendered, return of property),
- from the moment of state registration of the agreement.
In addition, the parties must determine the consequences of terminating the transaction. These include:
- return of property (for example, if it was rented),
- the deadline and procedure for payment of already fulfilled obligations, if the payment will be made after termination of the contract,
- return of the transaction executed, if necessary,
- the period for removing property encumbrances, if they existed,
- other remaining mutual obligations that will not be fulfilled until the termination of the transaction (if any).
Certificate of acceptance of transfer of non-residential premises upon termination of the lease agreement
But in any case, these persons must be familiar with the basics of office work and be able to draw up such verification documents. What is the fundamental difference
- the act of reconciling the property transferred under the lease agreement must be drawn up even before the end of the main lease agreement, that is, several days in advance.
- The main census can be filled out both in regular text format and in the form of a table; it will even be more clear if there are several premises.
- You can describe the returned objects both in general and in detail, especially if obvious defects are identified, and lawyers also welcome this.
There is no standard form or form of the document, everything is quite relative, and in each specific case its property and details of the premises are described.
Features of drawing up an application
Now there is no generally applicable, standard application form, so you can write it in free form, based on your own vision of this document. The main thing when preparing it is to ensure that the sequence of its contents meets certain standards for drawing up business documentation.
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The document should be roughly divided into three parts:
- beginning - information about the addressee and applicant;
- the main section is a request to terminate the application, as well as information about the contract and the reasons for its termination;
- conclusion - a list of attached documents and a signature.
There are no special criteria for the design of the document, just like for its content, i.e. The application may be written manually or typed on a computer. For a printed document, an ordinary blank piece of paper of any convenient format is suitable (A4 or A5 are mainly used).
It is recommended to write the application in two identical copies , one of which should be given to the representative of the organization providing services under the contract, the second should be kept with you, having previously secured a mark on it that the contractor has received a copy.
Certificate of acceptance of transfer of residential premises upon termination of the lease agreement
What is it? The owner of any premises is interested in the condition of the premises being rented out after the expiration of the contract, since his intentions include the further extraction of passive profit from his real estate, that is, the conclusion of a new lease agreement. And he must hand over a property suitable for further use, that is, he must make sure on the spot that everything is in order and there is no reason to worry. The owner will check:
- the condition of the appearance of the premises being rented back - whether it needs cosmetic repairs or not;
- presence of defects in window openings, entrance doors, ceilings and floors.
