home General issues How to conclude a rental agreement for premises. How to conclude a lease agreement for non-residential premises

How to conclude a rental agreement for premises. How to conclude a lease agreement for non-residential premises

Take the drawing up and verification of the contract with the utmost seriousness, since it is in this document that all the conditions of your further cooperation are spelled out. Including, the lease term is indicated (Article 610 of the Civil Code of the Russian Federation). It can be prescribed by a specific calendar date or time period. Otherwise, the contract is considered concluded for an indefinite period. In the second option, the parties are obliged to warn each other about the termination of contractual obligations at least 3 months before termination.

For what period can a contract be concluded? The law does not establish a minimum rental period. Maximum - 50 years. But the law provides for the introduction of restrictions for some real estate objects (Civil Code of the Russian Federation). For example, for utilities and government agencies - usually up to 5 years.

An agreement concluded for a period of more than 1 year must undergo state registration., otherwise it may be declared invalid.

Classification of contracts:

Short-term – rental period less than 1 calendar year.
Long-term – rental period from 1 calendar year.
Indefinite – the rental period is not specified.

Short

Such the agreement is not subject to registration and cannot exceed a validity period of more than 1 year. This simplest form is used mainly by individuals and small organizations. Allows you not to waste time on completing registration and saves on paying state fees.

We talked about the features of concluding a short-term lease agreement for a period of 11 months or less.

For a long period

concluded for a period of one year or more, is subject to mandatory registration with government agencies (clause 2 of Article 651 of the Civil Code of the Russian Federation).

That is, it comes into effect after the end of the procedure (18 days from the date of submission of the set of documents). A special stamp is affixed to the paper original, and an entry is made into the archive (clause 2 of Article 651 of the Civil Code of the Russian Federation, information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated June 1, 2000 N 53).

All subsequent additional agreements to the contract are also subject to registration. To do this, you need to contact the Federal Service for State Registration, Cadastre and Cartography (at the local level).

An agreement for a period of more than 1 year that has not passed state registration is considered invalid. If one of the parties evades this procedure, the other has the right to sue it in court.

A long-term agreement provides for the consolidation of many nuances of mutually beneficial cooperation: for example, rental holidays, rent indexation, a moratorium on increasing prices, sanctions for early termination, payment for repairs, etc. This type of lease is beneficial for stable large enterprises occupying large areas. And also for production organizations, for which any move incurs serious financial costs.

For an unlimited period of time

Specifying an exact period is not a prerequisite for concluding a contract rental of non-residential premises. An agreement is considered to be one in which the exact dates and periods of employment are not specified (clause 2 of Article 610 of the Civil Code of the Russian Federation). The agreement comes into force from the moment of signing. If the actual period of use of the object exceeds one calendar year, registration is not required.

Document renewal

At the end of the term, the parties have the opportunity - this action is called prolongation.

For these purposes, an additional agreement can be concluded. But this is optional! If the tenant continues to use the premises and there are no objections from the landlord, the contract is automatically extended (Part 2 of Article 621 of the Code).

A short-term contract may provide for automatic extension for a similar period, while it is also not subject to state registration (clause 10 of the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation No. 59). The only condition is the absence of objections from both parties. A long-term contract is considered extended for an indefinite period if, after its expiration, the parties did not declare termination and the tenant continues to use the premises (Civil Code of the Russian Federation).

An open-ended contract does not imply prolongation.

But a contract with a fixed term can be extended for an indefinite period and converted into an open-ended one, in which case registration is not required.

Pros and cons of entering into different transactions

For small businesses, a short-term form is more suitable. It will allow you to avoid unnecessary costs and also provide mobility to your business. If a more advantageous offer appears, you can always move to a new place, while avoiding penalties for early termination of the contract.

A plus for the landlord is, as a rule, higher prices for renting out the premises.

The disadvantages include the lack of certainty for the tenant for a long period of time, and for the landlord the need to find new tenants and idle premises.

The downside of long-term rentals is the need to register and pay a fee. On the other side, such a document provides guarantees and provides confidence in the future to all participants. Rental holidays allow you to equip the premises for your own needs, and the tenant saves on investments in renovation of the premises.

The period of reduced rental rates is an excellent opportunity for initial business development. A long-term agreement allows us to establish long-term and stable partnerships, which is of course a huge advantage in our difficult times.

Let’s make a reservation right away: in this article we will talk specifically about a commercial rental agreement for residential premises, which is regulated by Chapter 35 of the Civil Code of the Russian Federation and partially by Chapter 5 of the Housing Code of the Russian Federation, that is, about the rental of an apartment by an individual. There is a difference in law between a rental agreement (which is concluded with an individual) and a rental agreement (which is concluded with a legal entity). However, in ordinary speech the established word “rent” is used. Therefore, in this material, for simplicity, we will use both terms - “hiring” and “rent” - as equivalent.

Documentation

Under no circumstances should you hesitate to ask the apartment owner to provide a complete package of documents:

passport;
a certificate of registration of ownership of the apartment is required;
additionally: paid receipts for utility bills (to make sure that there are no debts on them) and an extract from the house register about persons registered in the living space.

If there are several owners of the apartment, then the consent of one of them is not enough; you need to obtain the consent of all. There are three possible scenarios:

Attach written consent of all co-owners.
One co-owner enters into an agreement with a power of attorney from the others.
When concluding the contract, all owners are present in person (then the contract states that the apartment is rented out simultaneously by all owners).

Written consent is also required from people who are not owners, but are registered in the living space. Otherwise, they can declare their rights at any time, and you will have to urgently look for new housing.

Since we are talking about renting an apartment, it means that the tenant is an individual. Therefore, he needs to bring his passport with him. If you are going to live in an apartment more than one, then the passport details of the second (third, fifth) occupant are also required.

A real estate lease agreement is subject to state registration. With the exception of contracts concluded for less than a year.

Term

A tenancy agreement can be short-term (up to one year) or long-term (from one to five years). If the contract does not say anything about the term, it is considered to be concluded for a maximum period of five years. The main difference between long-term and short-term contracts is the conditions for eviction of tenants.

Short-term contract

The owner can prescribe a period during which the contract can be terminated by the parties early. If such a period is not specified, he does not have the right to evict tenants before the end of the contract. But after this period, the owner himself decides whether to continue renting out the apartment to the same tenants or look for others.

Long-term contract

It is much more difficult for the owner to part with the tenants. At the end of the contract, the landlord cannot simply move someone else into the apartment: if he has not notified the tenant of his desire at least three months before the end of the contract, it is considered that the contract is automatically extended on the old terms.

If the landlord says he no longer plans to rent the property, then the tenants must move out. But in this case, he actually cannot rent out the apartment for at least a year, otherwise the previous tenants have the right to go to court and demand compensation for damages.

Unlike the landlord, the tenant can terminate the contract at any time without giving reasons.

Condition of the apartment and property

Repairs and improvements

The pressing question is: who does the repairs? Typically, the agreement contains wording that “after the expiration of the tenancy agreement, the tenants undertake to return the premises in the same condition in which it was provided.” Therefore, the contract should immediately indicate what can be changed in the apartment and what cannot.

In addition, without the consent of the owner, residents do not have the right to carry out reconstruction and reconstruction of residential premises. For example, when renovating, you can’t just tear down an interior partition or expand a doorway.

If repairs can be carried out, then be sure to specify in the contract how much the rent should be reduced. If there is no instruction, it is possible that you will repair everything yourself, and the owner will simply refuse to reimburse your expenses.

All current repairs and expenses for them are on the shoulders of the tenant. He not only maintains order in the apartment, but is also responsible for the safety of property.

Major repairs must be carried out by the lessor, and all expenses are borne by him (unless the contract states otherwise). If the landlord does not show interest in major repairs when they are required, then the renter has the right to:

independently carry out major repairs provided for in the contract or caused by urgent need, and recover its cost from the lessor;
demand a corresponding reduction in rent;
demand termination of the contract and compensation for losses.

When you make renovations or buy something new for a rented apartment, in legal terms, you are making improvements. They can be separable or inseparable. For example, if a tenant installed an air conditioner or water heater at his own expense (and the landlord did not reduce the rent or reimburse the cost), he has the right to take it with him.

Inseparable improvements, such as new wallpaper, cannot be taken with you without spoiling the appearance of the apartment. Therefore, the tenant may demand reimbursement of their cost when the contract expires. But the requirement will be satisfied if the contract states that the lessor did not object to this improvement.

Condition of the property

The landlord is obliged to provide the tenant with property in good condition. This means that if something prevents you from using the apartment, the landlord must eliminate this reason at his own expense. Even one that he didn’t even suspect about at the time of renting the apartment. For example, you moved in and were surprised to discover that all the pipes had long since rotted and it was simply impossible to wash in the shower. The lessor must eliminate this deficiency as soon as possible and absolutely free of charge. If he does not do this, you can either correct the reason yourself and demand reimbursement, or terminate the contract.

Attention: the landlord must correct at his own expense only those defects that neither he nor you knew about.

If, when inspecting the apartment, you saw that something was not working there, or you were warned about this in advance, then it is your right to agree to such a condition or look for a better option.

Lawyers also recommend drawing up an apartment acceptance certificate in addition to the contract. It describes the condition of the furniture, plumbing, flooring, windows and everything else. Subsequently, this will help to avoid disputes about the quality of repairs and furniture. Of course, in an apartment with old Soviet furniture and without equipment, this may not be necessary. But the owner who rents out a home with expensive furniture and appliances is interested in having all the property returned to him in proper condition, so he can even attach photographs of the property and receipts confirming its value. Natural depreciation, of course, is taken into account. But the tenant will have to pay for a broken TV screen.

Pay attention to the concept of “joint and several liability” if you rent an apartment with someone else. If the contract does not provide for a clause on joint and several liability, then the person who entered into the contract will bear all responsibility. That is, if your careless neighbor breaks something, and in the contract only you are written as responsible, then you will have to pay.

Rent

The agreement defines the procedure, conditions and terms for paying rent. If there are no special instructions about this, then it is considered that they are similar to those usually used when renting such property: in the case of an apartment, this is a fixed payment amount paid every month.

If the landlord asks to immediately pay 2-3 months’ rent in advance or a deposit, this must be stipulated in the contract.

The document should also indicate how often and to what extent the landlord can increase the rent. In practice, they usually fix the rent increase once a year up to 10% of the initial cost. But all this is at the discretion of the parties.

If such a clause is not included in the contract, the landlord still has the right to increase the rent, but this can be done no more than once a year. Moreover, he is obliged to notify the tenant about this in advance in writing. If the new conditions do not suit him, he can unilaterally refuse the contract.

The tenant also has the right to demand a reduction in rent if, due to circumstances beyond his control, the conditions of the rented premises have worsened.

Additionally

Talk to the owner about all the details. You will most likely have to meet often. He is worried about his apartment, you are worried about the quality of your stay, so learn to negotiate and write down all verbal agreements in the document.

Not often, but an unpleasant situation happens: sometimes owners like to come in without warning, even in the absence of residents and several times a month. This is a reason to terminate the contract with reimbursement of the tenant's moving expenses. To avoid such a situation, simply add one line to the contract about how often the owner can visit you, whether you need to warn you about this in advance, and indicate the prohibition of spontaneous visits in your absence.

Find out how the landlord treats guests and animals, and indicate this in the contract.

Only by agreeing and recording all the details that matter, both parties will be able to live without conflicts and without unnecessary worry.

Termination of a contract through court

We have already said that it is not easy for a landlord to part with a tenant; the type of agreement plays an important role. But the tenant has the right to terminate the contract at any time, but with one condition: he must notify the landlord of his desire three months in writing.

But sometimes it is impossible to reach an agreement on a human basis, and for one of the parties there is only one way out - to seek justice through the court and terminate the contract.

At the request of the lessor, the agreement may be terminated early by the court in cases where the lessee:

uses the property with a significant violation of the terms of the contract or with repeated violations;
significantly deteriorates the property;
fails to pay rent on time more than twice in a row;
does not carry out major repairs of the property within the time period specified in the contract, if, according to the contract, major repairs are the responsibility of the tenant.

The landlord can terminate the contract through the court only if he has demanded in writing that the tenant eliminate the violations.

At the request of the tenant, the lease agreement may be terminated early by the court in cases where:

the lessor does not provide the property or creates obstacles that prevent the property from being fully used;
the property has defects that were not specified by the lessor when concluding the contract, were not known to the tenant in advance and could not be discovered during an inspection of the property;
the lessor does not carry out major repairs of the property within the contractual or reasonable time limits;
the property, due to circumstances beyond the control of the tenant, is in a condition unsuitable for use.

Upon termination of the lease agreement, the tenant is obliged to return the property to the lessor in the condition in which he received it, taking into account normal wear and tear or in the condition stipulated by the agreement.

In conclusion, let us dwell on two more important points.

If the landlord gives away or sells the rental property, this does not terminate the rental agreement. In other words, when a person comes and says: “Move out, I’m selling the apartment,” this is illegal. A change of owner does not entail termination of the residential lease agreement.

If necessary, you can change the employer (tenant). That is, if the contract was concluded for the husband, and he, for example, goes to the North Pole on a long business trip, then with his consent you can change the tenant to his wife. In this case, the contract remains the same, the same conditions, the term continues to flow and is not reset. But this can get rid of red tape if any problems arise (for example, if you have to terminate the contract or collect something through the court).

An agreement can be concluded in accordance with the requirements of CHAPTER 14 of the Civil Code of the Russian Federation
Article 606. Lease agreement
Under a lease (property lease) agreement, the lessor (lessor) undertakes to provide the lessee (tenant) with property for a fee for temporary possession and use or for temporary use.
The fruits, products and income received by the lessee as a result of the use of the leased property in accordance with the agreement are his property.
Article 607. Lease objects
1. Land plots and other isolated natural objects, enterprises and other property complexes, buildings, structures, equipment, vehicles and other things that do not lose their natural properties during their use (non-consumable things) can be leased.
The law may establish types of property the rental of which is prohibited or limited.
2. The law may establish the specifics of leasing land plots and other isolated natural objects.
3. The lease agreement must contain data that makes it possible to definitely establish the property to be transferred to the lessee as the leased object. In the absence of this data in the contract, the condition regarding the object to be leased is considered not agreed upon by the parties, and the corresponding contract is not considered concluded.
Article 608. Lessor
The right to lease property belongs to its owner. Lessors can also be persons authorized by law or the owner to lease property.
Article 609. Form and state registration of the lease agreement
1. A lease agreement for a period of more than a year, and if at least one of the parties to the agreement is a legal entity, regardless of the term, must be concluded in writing.
2. A real estate lease agreement is subject to state registration, unless otherwise provided by law.
3. A property lease agreement, providing for the subsequent transfer of ownership of this property to the lessee (Article 624), is concluded in the form provided for the purchase and sale agreement of such property.
Article 610. Term of the lease agreement
1. The lease agreement is concluded for the period specified in the agreement.
2. If the lease term is not specified in the agreement, the lease agreement is considered to be concluded for an indefinite period.
In this case, each of the parties has the right to cancel the agreement at any time, notifying the other party one month in advance, and in the case of leasing real estate, three months in advance. The law or agreement may establish a different period for warning of termination of a lease agreement concluded for an indefinite period.
3. The law may establish maximum (limit) terms of the contract for certain types of lease, as well as for the lease of certain types of property. In these cases, if the lease period is not specified in the agreement and neither party has canceled the agreement before the expiration of the deadline established by law, the agreement is terminated upon expiration of the deadline.
A lease agreement concluded for a period exceeding the legal limit is considered to be concluded for a period equal to the limit.
Article 611. Provision of property to the tenant
1. The lessor is obliged to provide the tenant with property in a condition consistent with the terms of the lease agreement and the purpose of the property.
2. The property is leased together with all its accessories and related documents (technical passport, quality certificate, etc.), unless otherwise provided by the contract.
If such supplies and documents were not transferred, but without them the tenant cannot use the property in accordance with its purpose or is significantly deprived of what he had the right to count on when concluding the contract, he may demand that the lessor provide him with such supplies and documents or terminate contract, as well as compensation for damages.
3. If the lessor does not provide the leased property to the tenant within the period specified in the lease agreement, and if such a period is not specified in the agreement, within a reasonable time, the tenant has the right to demand this property from him in accordance with Article 398 of this Code and demand compensation losses caused by delay in performance, or demand termination of the contract and compensation for losses caused by its non-performance.

A lease agreement for non-residential premises may be concluded by the parties:

a) for an indefinite period;

b) for a period specified in the contract of less than a year;

c) for a period of one year or more specified in the contract.

Let us consider the specifics of the legal regulation of the specified terms of the lease agreement for non-residential premises.

Indefinite term.

According to paragraph 2 of Art. 610 Civil Code of the Russian Federation If the lease term is not specified in the agreement, the lease agreement is considered to be concluded for an indefinite period.

In this case, each of the parties to the lease agreement for non-residential premises has the right to cancel the agreement at any time, notifying the other party three months in advance.

A lease agreement for non-residential premises concluded for an indefinite period is not subject to state registration (despite the fact that the actual validity period of such an agreement may exceed one year). This position follows from the literal interpretation of paragraph 2 of Art. 651 of the Civil Code of the Russian Federation (which provides for the mandatory state registration of only fixed-term contracts concluded for a period of at least a year) and is confirmed by arbitration practice (Resolution of the Federal Antimonopoly Service of the Volga-Vyatka District of February 8, 2002 in case No. A79-146-2001-SK2-170, Resolution of the Federal Antimonopoly Service of the Moscow District dated January 23, 2001 in case No. KG-A40/6418-00, Resolution of the Federal Antimonopoly Service of the Northwestern District dated May 13, 2004 in case No. A56-27225/03, dated January 25, 2008 in the case N A26-394/2007).

Not subject to state registration also the lease agreement, renewed in accordance with paragraph 2 of Art. 621 of the Civil Code of the Russian Federation for an indefinite period after the end of the main period in the absence of objections from the parties (see paragraph 11 of the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated February 16, 2001 N 59 “Review of the practice of resolving disputes related to the application of the Federal Law “On State Registration” rights to real estate and transactions with it,” hereinafter referred to as information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation No. 59).

The term specified in the contract is less than a year.

Lease agreement for non-residential premises concluded for a period of less than a year, is not subject to state registration.

When extending a lease agreement concluded for a period of less than a year for the same period after the end of the initial lease period, the agreement is also not subject to state registration. Similarly, a lease agreement concluded for a period of less than a year is not subject to state registration, in which the parties provided for a condition for the automatic extension (prolongation) of the agreement after the end of the initial lease period for the same period in the absence of objections from the parties (see paragraph 10 of the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation N 59).

The term specified in the contract is one year or more.

Lease agreement for non-residential premises (part of non-residential premises), concluded for a period of one year or more, subject to state registration and is considered concluded from the moment of such registration (clause 2 of Article 651 of the Civil Code of the Russian Federation, information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated June 1, 2000 N 53). In the absence of state registration, such a lease agreement for non-residential premises is not concluded. However, if one of the parties to such an agreement evades its state registration, the other party has the right, on the basis of clause 3 of Art. 165 of the Civil Code of the Russian Federation to file a claim for the obligation to register the agreement (see paragraph 7 of the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation No. 59).

For the purposes of applying paragraph 2 of Art. 651 of the Civil Code of the Russian Federation, the validity period of a lease agreement, determined from the 1st day of any month of the current year to the 30th (31st) day of the previous month of the next year, is recognized as equal to a year (clause 3 of the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation No. 66) . Accordingly, such a lease agreement is subject to state registration.

State registration of the lease of real estate is carried out through state registration of the lease agreement for this real estate. An application for state registration of a real estate lease agreement can be submitted by one of the parties to the real estate lease agreement (Clause 1, Article 26 of Law No. 122-FZ).

When state registration of a lease agreement for non-residential premises is submitted to the territorial body of the Federal Service for State Registration, Cadastre and Cartography (Rosreestr), the following are submitted:

A) an application for state registration (which, as a rule, is drawn up directly at the territorial body of the Federal Service for State Registration, Cadastre and Cartography);

B) a lease agreement, drawn up and executed in accordance with current legislation, in at least two original copies (one of which, after state registration of rights, must be returned to the copyright holder, the second must be placed in the file of title documents). As a rule, the lease agreement is submitted for state registration in three original copies: one copy for each of the parties, one copy - to the registering authority (for the file of title documents);

B) cadastral passport of the premises indicating the size of the rented area;

D) documents confirming the legal status of the landlord and tenant:

- for individuals - an identity document (for Russian citizens - a passport of a citizen of the Russian Federation);

- for individual entrepreneurs - an identity document and a certificate of state registration as an individual entrepreneur;

- for legal entities - constituent documents, a certificate of state registration, a document on the election of the sole executive body of a legal entity (decision of a participant, minutes of the general meeting of participants (shareholders)) and an order for the sole executive body to take office;

E) documents confirming the powers of persons representing the interests of the landlord or tenant during the conclusion and state registration of the lease agreement (if the landlord or tenant acts through a representative);

E) notarized consent of the spouse to conclude a lease agreement, drawn up in accordance with clause 3 of Art. 35 of the Family Code of the Russian Federation, or a statement about the absence of marital relations (if the landlord or tenant is an individual, including an individual entrepreneur);

G) consent of the owner of a state or municipal property to the enterprise concluding a lease agreement for non-residential premises (if the lease agreement for non-residential premises is concluded by a unitary or state-owned enterprise to which the property is assigned under the right of economic management or operational management);

H) document confirming payment of state duty.

State registration of a lease agreement for a real estate property is possible only if there is state registration of the lessor's previously arisen rights to the leased object (rights of ownership, economic management or operational management). So, for example, it is impossible to carry out state registration of a long-term lease agreement for non-residential premises located in a building that was built (and possibly even connected to communications), but was not accepted for operation in accordance with the established procedure, and therefore documents on registration of ownership rights the landlord's license for this building has not been submitted to the registration authority.

In practice, preliminary lease agreements are also often concluded between business entities, according to which the parties undertake to enter into a main lease agreement in the future. Such preliminary lease agreements are not subject to state registration, regardless of the period for which the main lease agreement is expected to be concluded (clause 14 of the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation No. 59).

According to paragraph 1 of Art. 621 of the Civil Code of the Russian Federation, unless otherwise provided by law or the lease agreement, upon expiration of the lease agreement, the tenant has, other things being equal, a preferential right over other persons to conclude a lease agreement for a new term. The conditions for the tenant to exercise this pre-emptive right are as follows:

A) the pre-emptive right can only be exercised by a bona fide tenant who has properly fulfilled his obligations under the lease agreement. Accordingly, for example, in cases where the tenant did not pay the rent on time, used the leased object for other purposes or in violation of the terms of the contract, improperly fulfilled his duties for maintaining the leased object, etc., the tenant does not have a preemptive right;

B) the tenant is obliged to notify the landlord in writing of his desire to enter into a lease agreement for a new term. Such notification must be made by the tenant within the period specified in the lease agreement, and if such a period is not specified in the agreement, within a reasonable time before the end of the agreement;

C) the tenant has the right to exercise the preemptive right to conclude a lease agreement for a new term, other things being equal, offered to other potential tenants. Accordingly, these may be different (in comparison with the original lease agreement) conditions regarding the amount of rent, the procedure and purposes of using the leased object, etc. It should be borne in mind that when concluding a lease agreement for a new term, the tenant does not have the right to impose the terms of the original lease agreement on the lessor. As explained in paragraphs 31, 32 of the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation No. 66, the lease agreement concluded in accordance with paragraph 1 of Art. 621 of the Civil Code of the Russian Federation for a new term, is a new lease agreement; When concluding a lease agreement for a new term, the parties are not bound by the terms of the previously valid agreement. This conclusion indirectly follows from paragraph. 2 p. 1 art. 621 of the Civil Code of the Russian Federation, according to which, when concluding a lease agreement for a new term, the terms of the agreement can be changed by agreement of the parties.

Paragraph 3, paragraph 1, art. 621 of the Civil Code of the Russian Federation provides for the legal consequences of a violation by the lessor of the tenant’s pre-emptive right to conclude a lease agreement for a new term: if the lessor refused the tenant to enter into an agreement for a new term, but within a year from the date of expiration of the agreement with him entered into a lease agreement with another person, the tenant has the right at his option, demand in court the transfer of rights and obligations under the concluded agreement and compensation for losses caused by the refusal to renew the lease agreement with him, or only compensation for such losses. In this case, within the meaning of this norm, it does not matter whether the lessor intended to enter into a lease agreement with another person immediately at the time of expiration of the previous lease agreement, or whether such intention appeared on the lessor’s part later (within a year).

Please note that clause 1 of Art. 621 of the Civil Code of the Russian Federation is dispositive in nature. Accordingly, the parties to the lease agreement have the right to exclude the tenant’s pre-emptive right to conclude a lease agreement for a new term.

In accordance with paragraph 2 of Art. 621 of the Civil Code of the Russian Federation, if the tenant continues to use the property after the expiration of the contract in the absence of objections from the lessor, the contract is considered renewed on the same terms for an indefinite period.