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It is the tenant's responsibility to maintain the property in good repair. Repair of leased property by the lessor, who should carry it out and how, by changing the contract, to prevent the operation from being gratuitous Maintain the property in good condition a

Repair of leased property by the lessor, who should carry it out and how, by changing the contract, to prevent the operation from being gratuitous

Fixed assets leased are subject to physical and moral wear and tear and require repair and restoration. As a rule, the lease agreement stipulates conditions that impose obligations on its participants to carry out certain work to repair the leased premises. In this article we will look at the procedure for recording repair costs in the landlord's accounting.

Civil Code Russian Federation(hereinafter referred to as the Civil Code of the Russian Federation) defines the obligations of the parties to the lease agreement for the maintenance of the leased property. Article 616 of the Civil Code of the Russian Federation establishes that the lessor is obliged to produce at his own expense major renovation leased property, unless otherwise provided by law, other legal acts or the lease agreement.

The tenant is obliged to maintain the property in good condition, carry out routine repairs and bear the costs of its maintenance, unless otherwise provided by law or the lease agreement (clause 2 of Article 616 of the Civil Code of the Russian Federation).

The leased property wears out during operation, and it becomes necessary to repair it.

There are three types of repairs:

– current repairs;

– average repair;

– major repairs.

The Letter of the Ministry of Finance of the Russian Federation dated January 14, 2004 No. 16-00-14/10 states that to determine certain types of repairs (current, medium, major, etc.), appropriate documents developed by the technical services of organizations within the system should be used scheduled preventive maintenance.

As a rule, routine repair work includes work to systematically protect it from premature wear, for example, once a quarter, this allows you to maintain the property in working condition.

Medium repairs are classified as current repairs, but the frequency of their implementation is less than one year.

Overhaul is the reproduction of fixed assets through major, comprehensive repairs, in which entire, worn-out parts, assemblies, parts of machines, buildings, and structures are replaced. Carrying out major repairs depends on how intensively the fixed asset is used. Major repairs, as a rule, are carried out no more than once every few years, and they take longer.

According to the clarifications of the Ministry of Finance of the Russian Federation, given in Letter No. 03-03-04/1/794 dated November 23, 2006, regarding the classification of certain works as major repairs or reconstruction, one should be guided by:

– Decree of the USSR State Construction Committee dated December 29, 1973 No. 279 “On approval of the Regulations on carrying out scheduled preventive maintenance of industrial buildings and structures MDS 13–14.2000”;

– Departmental building standards VSN 58–88 (R) “Regulations on the organization and implementation of reconstruction, repair and maintenance of buildings, public utility and social-cultural facilities”, approved by Order of the State Committee for Architecture of the Russian Federation under the USSR State Construction Committee dated November 23, 1988 No. 312.

Let us note that when defining the terms “reconstruction” and “overhaul” it is necessary to be guided by these documents and Letter of the USSR Ministry of Finance dated May 29, 1984 No. 80 “On the definition of the concepts of new construction, expansion, reconstruction and technical re-equipment of existing enterprises.” So, in accordance with the specified Letter: reconstruction of the building - complex construction work and organizational and technical measures related to changes in the main technical and economic indicators (number and area of apartments, construction volume and total area of the building, capacity or throughput or its purpose) in order to improve living conditions, quality of service, increase the volume of services, and capital building repair – repair of a building in order to restore its service life, replacing, if necessary, structural elements and engineering equipment systems, as well as improving operational performance.

When repairing equipment, the author recommends applying the Regulation on ensuring the safety of production equipment POT RO-14000-002-98, approved by the Ministry of Economy of the Russian Federation on January 20, 1998 and State standard GOST R 50938-96 “Household services. Repair and maintenance electrical household machines and devices”, approved by the Resolution of the State Standard of the Russian Federation dated August 22, 1996.

According to the Resolution of the Federal Antimonopoly Service of the Volga District dated January 17, 2007 in case No. A65-39309/2005-SG2-24, in case of disagreement on the issue of classification of repair work within the framework of rental legal relations, an appropriate examination can be carried out.

If the lessor is obliged to carry out major repairs of the leased property at his own expense, then the period for the major repairs must be determined by the lease agreement, but if the major repairs are caused by an urgent need, they must be carried out by the lessor within a reasonable time.

Violation by the landlord of the obligation to carry out major repairs gives the tenant the right to choose (clause 1 of Article 616 of the Civil Code of the Russian Federation):

– carry out major repairs provided for in the contract or caused by urgent need, and recover the cost of repairs from the lessor or offset it against the rent;

– demand a corresponding reduction in rent;

– demand termination of the contract and compensation for losses.

Note that the lease agreement may assign the obligation to carry out major repairs to the tenant. If, contrary to the law, and without confirmation of this condition by the lease agreement, the tenant carries out major repairs, then, as in a gratuitous operation, the lessor has taxable profit in the amount of the tenant’s costs for major repairs.

Thus, if the lease agreement stipulates that the obligation to carry out major repairs of the leased property is assigned to the lessor, then the expenses incurred by the lessor for major repairs of the leased property cannot be taken into account by the tenant as expenses accepted when calculating tax income tax bases. In this case, the lessor may provide for compensation of costs incurred for major repairs through rental payments. A similar point of view is expressed in Letter of the Ministry of Finance of the Russian Federation dated July 27, 2006 No. 03-03-04/2/183.

At the same time, expenses incurred by the lessor in connection with major repairs must be justified, justified, documented and aimed at generating income (clause 1 of Article 252 Tax Code Russian Federation (hereinafter referred to as the Tax Code of the Russian Federation)), including the corresponding estimate.

If the transfer of property for rent is the organization’s main activity, then the lessor’s expenses during repairs are considered expenses associated with production and sales, on the basis of subparagraph 2 of paragraph 1 of Article 253 of the Tax Code of the Russian Federation.

If the transfer of property for rent is not permanent, then the costs associated with repairs are classified as non-operating expenses in accordance with subparagraph 1 of paragraph 1 of Article 265 of the Tax Code of the Russian Federation.

With regard to the responsibilities associated with carrying out repairs on leased vehicles, we note the following.

The vehicle can be rented with or without a crew (with driving services).

In accordance with Article 634 of the Civil Code of the Russian Federation, during the entire rental period of a vehicle with a crew, the lessor is obliged to maintain the proper condition of the leased vehicle, including carrying out routine and major repairs and providing the necessary accessories.

Article 644 of the Civil Code of the Russian Federation establishes that the lessee, throughout the entire term of the rental agreement for a vehicle without a crew, is obliged to maintain the proper condition of the leased vehicle, including carrying out routine and major repairs.

In other words, if the vehicle is rented with a crew, the obligation to renovation work is entrusted to the lessor, if without a crew - to the lessee. That is, the Civil Code of the Russian Federation does not allow redistributing responsibilities for maintaining a vehicle between the parties.

If, contrary to the law, when renting a vehicle with a crew, the lessee carries out repairs, then, as in a gratuitous operation, the lessor has taxable profit in the amount of the lessee's costs for repairs, and the lessee's amount of expenses does not reduce taxable profit.

If, contrary to the law, when renting a vehicle without a crew, the lessor carries out repairs, then, as in a gratuitous operation, the amount of expenses for the lessor does not reduce the taxable profit in the amount of the lessee’s costs for repairs, and the lessee has a taxable profit in the amount of the lessor’s expenses for repairs.

The cost of spare parts and parts (assemblies) received during repairs is reflected as non-operating income and at the same time taken into account as material expenses in the amount of income tax paid on the specified non-operating income. For profit tax purposes, used reconditioned parts and assemblies used in repairs cannot be counted as returnable waste (Letter of the Ministry of Finance of the Russian Federation dated September 10, 2007 No. 03-03-06/1/656).

To confirm the need for repairs and document defects in rental property identified as a result of inspection, the author recommends drawing up a Report on Identified Equipment Defects (Form No. OS-16), which will improve the economic feasibility of repair costs.

To register and record the acceptance and delivery of fixed assets from repair, reconstruction, modernization, the Act on the acceptance and delivery of repaired, reconstructed, modernized fixed assets (form No. OS-3) is used. It is signed by members of the acceptance committee or a person authorized to accept fixed assets, as well as a representative of an external organization or structural unit, which carried out repairs, reconstruction, and modernization. The act is approved by the head of the organization or a person authorized by him and submitted to the accounting department. If repairs, reconstruction and modernization are carried out by a third-party organization, the act is drawn up in two copies. The first copy remains with the lessor, the second copy is transferred to the organization that carried out the repair, reconstruction, and modernization. Repair, reconstruction, and modernization data are entered into inventory card accounting for fixed assets (form No. OS-6).

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Full text of Art. 616 of the Civil Code of the Russian Federation with comments. New current edition with additions for 2019. Legal advice on Article 616 of the Civil Code of the Russian Federation.

1. The lessor is obliged to carry out major repairs of the leased property at his own expense, unless otherwise provided by law, other legal acts or the lease agreement. Major repairs must be carried out on time, established by contract, and if it is not specified in the contract or is caused by an urgent need, within a reasonable time. Violation by the lessor of the obligation to carry out major repairs gives the tenant the right, at his own choice: to carry out major repairs provided for in the contract or caused by an urgent need, and to recover the cost of repairs from the lessor or offset it against the rent; demand a corresponding reduction in the rent; demand termination of the contract and compensation for damages.

2. The tenant is obliged to maintain the property in good condition, carry out routine repairs at his own expense and bear the costs of maintaining the property, unless otherwise provided by law or the lease agreement.

Commentary on Article 616 of the Civil Code of the Russian Federation

1. The lessor is assigned the obligation to carry out major repairs of the leased property. Major repairs mean the restoration of the main technical, physical and other structures of the property, its main elements that determine its intended purpose, in order to ensure the further operation of the property. The landlord makes major repairs at his own expense.

In this case, the law, other legal acts or the lease agreement may provide that the tenant must carry out major repairs of the property, or the specifics of carrying out major repairs of the property may be established. So, for example, clause 2 of Art. 64 of the Russian Federation Code of Aircraft Regulations stipulates that the lessee, independently and at his own expense, equips the vessel, bears the costs associated with the operation of the vessel, including its current and major repairs, with insurance, including insurance of his own liability.

The period for major repairs is usually established in the lease agreement. However, if such a period is not specified in the lease agreement, then major repairs must be carried out:
- due to urgent need, that is, due to significant damage to any structures or elements of property, loss of such structures or elements;
- within a reasonable time, that is, the period during which it is necessary to carry out major repairs in order to prevent the above consequences.

In case of failure to carry out major repairs, the tenant has the right to present the following demands to the landlord:
- carry out major repairs;
- recover the cost of repairs from the lessor or offset it against the rent;
- a corresponding reduction in rent;
- termination of the contract;
- compensation for losses.

The tenant is obliged to carry out current repairs leased property and for the implementation of all expenses associated with the maintenance of the property, that is, maintaining it in a condition corresponding to its intended purpose. Current repairs should be understood as maintaining technical, physical structures and elements of property in proper condition and restoring their functionality.

Exceptions are cases established by law or the lease agreement.

2. Applicable law:
- KVVT RF;
- Federal Law dated December 7, 2011 N 416-FZ “On water supply and sanitation”;
- Federal Law dated July 27, 2010 N 190-FZ “On Heat Supply”;
- Federal Law dated October 29, 1998 N 164-FZ “On financial lease (leasing)”;
- letter from the Ministry economic development RF dated June 23, 2009 N D05-3153;
- letter of the Ministry of Economic Development of the Russian Federation dated March 30, 2010 N D05-880.

3. Judicial practice:
- information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated December 29, 2001 N 65;
- resolution of the Federal Antimonopoly Service of the Moscow District dated January 19, 2011 N KG-A40/17097-10 in case No. A40-10367/10-3-60;
- Resolution of the Seventeenth Arbitration Court of Appeal dated April 12, 2011 N 17AP-12709/10;
- Resolution of the Eighth Arbitration Court of Appeal dated September 27, 2013 N 08AP-6898/13;
- Resolution of the Fifth Arbitration Court of Appeal dated September 12, 2012 N 05AP-6356/12;
- Resolution of the Eighth Arbitration Court of Appeal dated August 29, 2012 N 08AP-4138/12;
- resolution of the Federal Antimonopoly Service of the Moscow District dated April 13, 2011 N F05-1723/11 in case N A40-93165/10-106-507;
- Resolution of the Federal Antimonopoly Service of the Far Eastern District dated October 24, 2006 N F03-A73/06-1/3189;
- Resolution of the Eighteenth Arbitration Court of Appeal dated March 5, 2012 N 18AP-1201/12;
- Resolution of the Seventh Arbitration Court of Appeal dated December 9, 2009 N 07AP-6474/2008.

Article 622. Return of leased property to the lessor

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.

If the tenant does not return the leased property or returns it untimely, the lessor has the right to demand payment of rent for the entire period of delay. If the specified fee does not cover the losses caused to the lessor, he may demand compensation for them.

In the event that the contract provides for a penalty for untimely return of leased property, losses may be recovered in full in excess of the penalty, unless otherwise provided by the contract.

Article 623. Improvements to leased property

1. Separable improvements to the leased property made by the tenant are his property, unless otherwise provided by the lease agreement.

4. Improvements to the leased property, both separable and inseparable, made at the expense of depreciation deductions from this property are the property of the lessor.

Article 624. Redemption of leased property

1. The law or the lease agreement may provide that the leased property becomes the property of the lessee upon the expiration of the lease period or before its expiration, subject to the payment by the lessee of the entire redemption price stipulated by the agreement.

2. If the condition for the purchase of the leased property is not provided for in the lease agreement, it can be established additional agreement parties, who have the right to agree to offset previously paid rent into the redemption price.

3. The law may establish cases where the repurchase of leased property is prohibited.

Article 625. Features individual species rental and lease of certain types of property

The provisions provided for in this paragraph apply to certain types of lease agreements and lease agreements for certain types of property (hire, lease of vehicles, lease of buildings and structures, lease of enterprises, financial lease), unless otherwise established by the rules of this Code on these agreements.

§ 2. Rental

Article 626. Rental agreement

1. Under a rental agreement, the lessor leasing the property as a permanent entrepreneurial activity, undertakes to provide the tenant with movable property for a fee for temporary possession and use.

Property provided under a rental agreement is used for consumer purposes, unless otherwise provided by the agreement or follows from the essence of the obligation.

2. The rental agreement is concluded in writing.

Article 627. Duration of the rental agreement

1. The rental agreement is concluded for a period of up to one year.

2. The rules on the renewal of a lease agreement for an indefinite period and on the tenant’s pre-emptive right to renew the lease agreement () do not apply to the rental agreement.

3. The lessee has the right to cancel the rental agreement at any time by notifying the lessor of his intention in writing at least ten days in advance.

Article 628. Provision of property to the tenant

The lessor who enters into a rental agreement is obliged, in the presence of the lessee, to check the serviceability of the leased property, as well as familiarize the lessee with the rules for operating the property or issue him written instructions on the use of this property.

Article 629. Elimination of deficiencies in leased property

1. If the tenant discovers shortcomings in the leased property that completely or partially prevent the use of it, the lessor is obliged within ten days from the date of the tenant’s statement about the shortcomings, if more short term not established by the rental agreement, eliminate the defects of the property free of charge on the spot or replace this property with other similar property that is in proper condition.

2. If the shortcomings of the leased property were the result of a violation by the tenant of the rules of operation and maintenance of the property, the tenant shall pay the lessor the cost of repairs and transportation of the property.

Article 630. Rent under a rental agreement

1. The rent under a rental agreement is established in the form of fixed payments, made periodically or at a time.

2. In the event of early return of property by the tenant, the lessor returns to him the corresponding part of the rent received, calculating it from the day following the day of actual return of the property.

3. Collection of rent arrears from the tenant is carried out in an indisputable manner on the basis of a notary’s writ of execution.

Article 631. Use of leased property

1. Major and current repairs of property leased under a rental agreement are the responsibility of the lessor.

2. Sublease of property provided to the tenant under a rental agreement, transfer by him of his rights and obligations under a rental agreement to another person, provision of this property for free use, pledge of rental rights and making them as a property contribution to business partnerships and companies or a share contribution are not allowed into production cooperatives.

§ 3. Rental of vehicles

1. Renting a vehicle with the provision of management and technical operation

Article 632. Lease agreement for a vehicle with crew

Under a lease agreement (temporary charter) of a vehicle with a crew, the lessor provides the lessee with the vehicle for a fee for temporary possession and use and provides its own services for its management and technical operation.

The rules on the renewal of a lease agreement for an indefinite period and on the tenant’s pre-emptive right to conclude a lease agreement for a new term () do not apply to the lease agreement for a vehicle with a crew.

Article 633. Form of rental agreement for a vehicle with crew

The rental agreement for a vehicle with a crew must be concluded in writing, regardless of its term. The rules on registration of lease agreements provided for in paragraph 2 of Article 609 of this Code do not apply to such an agreement.

Article 634. Obligation of the lessor to maintain the vehicle

During the entire period of the lease agreement for a vehicle with crew, the lessor is obliged to maintain the proper condition of the leased vehicle, including carrying out routine and major repairs and providing the necessary accessories.

Article 635. Responsibilities of the lessor for the management and technical operation of the vehicle

1. The services provided to the tenant by the lessor for the management and technical operation of the vehicle must ensure its normal and safe operation in accordance with the purposes of the lease specified in the agreement. The lease agreement for a vehicle with crew may provide for a wider range of services provided to the lessee.

2. The composition of the crew of the vehicle and its qualifications must comply with the rules and terms of the contract binding on the parties, and if such requirements are not established by the rules binding on the parties, the requirements of the usual practice of operating a vehicle of this type and the terms of the contract.

Crew members are employees of the lessor. They are subject to the lessor's instructions regarding the management and technical operation, and the lessee's instructions regarding the commercial operation of the vehicle.

Unless otherwise provided by the lease agreement, the costs of paying for the services of crew members, as well as the costs of their maintenance, are borne by the lessor.

Article 636. Lessee’s obligation to pay expenses related to the commercial operation of the vehicle

Unless otherwise provided by the rental agreement for a vehicle with a crew, the lessee bears the costs arising in connection with the commercial operation of the vehicle, including the costs of paying for fuel and other materials consumed during operation and paying fees.

Article 637. Vehicle insurance

Unless otherwise provided by the rental agreement for a vehicle with a crew, the obligation to insure the vehicle and (or) insure liability for damage that may be caused by it or in connection with its operation rests with the lessor in cases where such insurance is mandatory by virtue of law or contract.

Article 638. Agreements with third parties on the use of a vehicle

1. Unless otherwise provided for in the lease agreement for a vehicle with a crew, the lessee has the right to sublease the vehicle without the consent of the lessor.

2. The lessee, as part of the commercial operation of the leased vehicle, has the right, without the consent of the lessor, on its own behalf, to enter into transportation and other agreements with third parties, if they do not contradict the purposes of using the vehicle specified in the lease agreement, and if such purposes are not established, the purpose vehicle.

Article 639. Liability for damage caused to a vehicle

In the event of the loss or damage of a rented vehicle, the lessee is obliged to compensate the lessor for losses incurred if the latter proves that the loss or damage to the vehicle occurred due to circumstances for which the lessee is responsible in accordance with the law or the lease agreement.

Article 640. Liability for damage caused by a vehicle

Responsibility for damage caused to third parties by a rented vehicle, its mechanisms, devices, equipment is borne by the lessor in accordance with the rules provided for in Chapter 59 of this Code. He has the right to make a recourse claim against the tenant for reimbursement of amounts paid to third parties if he proves that the damage arose through the fault of the tenant.

Article 641. Peculiarities of renting certain types of vehicles

Transport charters and codes may establish other, in addition to those provided for in this paragraph, features of the rental of certain types of vehicles with the provision of management and technical operation services.

2. Renting a vehicle without providing management and technical maintenance services

Article 642. Lease agreement for a vehicle without a crew

Under a lease agreement for a vehicle without a crew, the lessor provides the lessee with a vehicle for a fee for temporary possession and use without providing services for its management and technical operation.

Article 643. Form of a rental agreement for a vehicle without a crew

The rental agreement for a vehicle without a crew must be concluded in writing, regardless of its term. The rules on registration of lease agreements provided for in paragraph 2 of Article 609 of this Code do not apply to such an agreement.

Article 644. Lessee’s obligation to maintain a vehicle

During the entire term of the rental agreement for a vehicle without a crew, the lessee is obliged to maintain the proper condition of the rented vehicle, including carrying out routine and major repairs.

Article 645. Responsibilities of the lessee for driving a vehicle and for its technical operation

The lessee manages and operates the rented vehicle on his own, both commercial and technical.

Article 646. Lessee’s obligation to pay expenses for maintaining a vehicle

Unless otherwise provided by the rental agreement for a vehicle without a crew, the lessee bears the costs of maintaining the rented vehicle, its insurance, including insurance of its liability, as well as expenses arising in connection with its operation.

Article 647. Agreements with third parties on the use of a vehicle

1. Unless otherwise provided for in the lease agreement for a vehicle without a crew, the lessee has the right, without the consent of the lessor, to sublease the leased vehicle under the terms of the lease agreement for a vehicle with or without a crew.

2. The lessee has the right, without the consent of the lessor, on his own behalf to enter into transportation and other agreements with third parties, if they do not contradict the purposes of using the vehicle specified in the lease agreement, and if such purposes are not established, the purpose of the vehicle.

Article 648. Liability for damage caused by a vehicle

Responsibility for damage caused to third parties by the vehicle, its mechanisms, devices, equipment is borne by the lessee in accordance with the rules of Chapter 59 of this Code.

Article 649. Peculiarities of renting certain types of vehicles

Transport charters and codes may establish other, in addition to those provided for in this paragraph, features of leasing certain types of vehicles without providing management and technical operation services.

§ 4. Rental of buildings and structures

Article 650. Lease agreement for a building or structure

1. Under a lease agreement for a building or structure, the lessor undertakes to transfer the building or structure for temporary possession and use or for temporary use to the tenant.

2. The rules of this paragraph apply to the lease of enterprises, unless otherwise provided by the rules of this Code on the lease of an enterprise.

Article 651. Form and state registration of a lease agreement for a building or structure

1. A lease agreement for a building or structure is concluded in writing by drawing up one document signed by the parties (clause 2 of Article 434).

Failure to comply with the form of the lease agreement for a building or structure entails its invalidity.

2. The lease agreement for the enterprise is subject to state registration and is considered concluded from the moment of such registration.

3. Failure to comply with the form of the enterprise lease agreement entails its invalidity.

Article 659. Transfer of a leased enterprise

The transfer of the enterprise to the lessee is carried out under a transfer deed.

Preparing the enterprise for transfer, including drawing up and submitting the transfer act for signing, is the responsibility of the lessor and is carried out at his expense, unless otherwise provided by the lease agreement of the enterprise.

Article 660. Use of the property of a leased enterprise

Unless otherwise provided by the lease agreement of an enterprise, the tenant has the right to sell, exchange, provide for temporary use or loan without the consent of the lessor material assets, included in the property of the leased enterprise, sublease them and transfer their rights and obligations under the lease agreement in relation to such values to another person, provided that this does not entail a decrease in the value of the enterprise and does not violate other provisions of the enterprise lease agreement. This procedure does not apply to land and other natural resources, as well as in other cases provided by law.

Unless otherwise provided by the enterprise lease agreement, the tenant has the right, without the consent of the lessor, to make changes to the composition of the leased property complex, to carry out its reconstruction, expansion, technical re-equipment, which increases its value.

Article 661. Obligations of the tenant for the maintenance of the enterprise and payment of expenses for its operation

1. The lessee of an enterprise is obliged to maintain the enterprise in proper technical condition throughout the entire period of validity of the enterprise lease agreement, including carrying out its current and major repairs.

2. The lessee is responsible for the costs associated with the operation of the leased enterprise, unless otherwise provided by the contract, as well as with the payment of insurance payments for the leased property.

Article 662. Introduction by the tenant of improvements to the leased enterprise

The lessee of an enterprise has the right to compensation for the cost of inseparable improvements to the leased property, regardless of the lessor's permission for such improvements, unless otherwise provided by the enterprise lease agreement.

The lessor may be released by the court from the obligation to compensate the lessee for the cost of such improvements if he proves that the lessee’s costs for these improvements increase the cost of the leased property disproportionately to the improvement in its quality and (or) operational properties, or the principles of good faith and reasonableness were violated when making such improvements.

Article 663. Application to an enterprise lease agreement of the rules on the consequences of invalidity of transactions, on amendment and termination of the agreement

The rules of this Code on the consequences of invalidity of transactions, on amendment and termination of an agreement, providing for the return or recovery in kind of what was received under the agreement on one side or on both sides, apply to an enterprise lease agreement, if such consequences do not significantly violate the rights and legally protected interests of creditors landlord and tenant, other persons and do not contradict the public interests.

Article 664. Return of a leased enterprise

Upon termination of the lease agreement for an enterprise, the leased property complex must be returned to the lessor in compliance with the rules provided for and this Code. Preparation of the enterprise for transfer to the lessor, including drawing up and submitting the transfer act for signing, is in this case the responsibility of the lessee and is carried out at his expense, unless otherwise provided by the agreement.

Federal Law 1. Unless otherwise provided by the financial lease agreement, the property that is the subject of this agreement is transferred by the seller directly to the lessee at the latter’s location.

2. In the event that the property that is the subject of a financial lease agreement is not transferred to the tenant within the period specified in this agreement, and if such a period is not specified in the agreement, within a reasonable time, the tenant has the right, if the delay was due to circumstances for which the lessor is responsible , demand termination of the contract and compensation for losses.

Article 669. Transfer to the lessee of the risk of accidental death or accidental damage to property

The risk of accidental loss or accidental damage to the leased property passes to the lessee at the time the leased property is transferred to him, unless otherwise provided by the financial lease agreement.

Article 670. Responsibility of the seller

1. The lessee has the right to present directly to the seller of the property that is the subject of a financial lease agreement, requirements arising from the purchase and sale agreement concluded between the seller and the lessor, in particular with regard to the quality and completeness of the property, the timing of its delivery, and in other cases of improper execution of the agreement seller. In this case, the tenant has the rights and bears the obligations provided for by this Code for the buyer, except for the obligation to pay for the acquired property, as if he were a party to the purchase and sale agreement for the specified property. However, the tenant cannot terminate the purchase and sale agreement with the seller without the consent of the landlord.

In relations with the seller, the tenant and the lessor act as joint and several creditors ().

2. Unless otherwise provided by the financial lease agreement, the lessor is not responsible to the lessee for the fulfillment by the seller of the requirements arising from the purchase and sale agreement, except in cases where responsibility for the choice of the seller lies with the lessor. In the latter case, the tenant has the right, at his own discretion, to present claims arising from the purchase and sale agreement, both directly to the seller of the property and to the lessor, who are jointly and severally liable.

Article 616. Obligations of the parties for the maintenance of leased property

Guide to judicial practice(superior courts and district arbitration courts) under Art. 616 Civil Code of the Russian Federation >>>

1. The lessor is obliged to carry out major repairs of the leased property at his own expense, unless otherwise provided by law, other legal acts or the lease agreement.

Major repairs must be carried out within the period established by the contract, and if it is not specified in the contract or is caused by urgent need, within a reasonable time.

Violation by the lessor of the obligation to carry out major repairs gives the lessee the right to choose:

carry out major repairs provided for in the contract or caused by urgent need, and recover the cost of repairs from the lessor or offset it against the rent;

demand a corresponding reduction in rent;

demand termination of the contract and compensation for losses.

14.Improvement of leased property, its redemption

Article 623. Improvements to leased property

1. Separable improvements to the leased property made by the tenant are his property, unless otherwise provided by the lease agreement.

2. In the event that the tenant has made, at his own expense and with the consent of the lessor, improvements to the leased property that cannot be separated without harm to the property, the tenant has the right, after termination of the contract, to reimburse the cost of these improvements, unless otherwise provided by the lease agreement.

3. The cost of inseparable improvements to the leased property made by the tenant without the consent of the lessor is not subject to compensation, unless otherwise provided by law.

4. Improvements to the leased property, both separable and inseparable, made at the expense of depreciation deductions from this property are the property of the lessor.

Article 624. Redemption of leased property

2. If the condition for the redemption of the leased property is not provided for in the lease agreement, it may be established by an additional agreement of the parties, who in this case have the right to agree on the offset of previously paid rent into the redemption price.

3. The law may establish cases where the repurchase of leased property is prohibited.

15. Responsibilities of the lessor

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. Typically, the agreement stipulates which document (property acceptance certificate, document on sanitary condition, etc.) certifies the condition of the leased property.

The property is leased together with all its accessories and related documents (technical passport, quality certificate, etc.), unless otherwise provided by the contract. If the tenant was not provided with documents or supplies, he may demand them or terminate the contract, as well as recover damages. Similar actions can be taken by the tenant if the lessor does not provide the leased property within the period specified in the contract, and if such a period is not specified, within a reasonable time (Article 611 of the Civil Code of the Russian Federation).

The lessor is responsible for defects in the leased property that completely or partially prevent the use of it, even if at the time of concluding the contract he was not aware of these defects.

If such deficiencies are discovered, the tenant has the right, at his choice, to demand: elimination of the deficiencies, or reimbursement of expenses for their elimination, or a proportionate reduction in the rent, or deduction of the amount of expenses incurred from the rent, having previously notified the lessor, or early termination of the contract. For example, heating or water supply does not work in a rented non-residential premises.

The landlord, notified of the tenant's requirements, can make the necessary repairs or replace the leased property with another. The tenant may demand compensation for damages caused.

The lessor is not responsible for those shortcomings of the leased property that were agreed upon by him at the conclusion of the agreement or were known to the lessee in advance or should have been discovered by the lessee during an inspection of the property or checking its serviceability when concluding an agreement or transferring the property for rent (for example, when renting car or vehicle, enterprise equipment, etc.) (Article 612 of the Civil Code of the Russian Federation).

When leasing property, the lessor is obliged to warn the tenant about all rights of third parties to the property (for example, the right of lien). Failure to fulfill this obligation gives the tenant the right to demand a reduction in rent or termination of the contract with compensation for losses (Article 613 of the Civil Code of the Russian Federation).

16. Responsibilities of the tenant

The tenant is obliged to pay rent, which is determined upon concluding an agreement that stipulates the procedure, conditions and terms for payment (a year in advance, monthly, ten days, etc.). Payment can be in monetary terms, or can be provided in the form of providing certain services (repairs, construction, etc.), imposing on the tenant the costs stipulated by the contract for improving the leased property.

Tenants of non-residential premises must participate in all household expenses for the use of gas, water supply, electricity, water supply, operating costs and routine repairs in proportion to the area of the premises they occupy. The types and amount of payment are agreed upon by the parties when concluding the contract.

The amount of rent may be changed by agreement of the parties within the periods stipulated by the contract, but not more than once a year, unless the law provides for other minimum periods (Article 614 of the Civil Code of the Russian Federation).

The tenant is obliged to use the leased property in accordance with the terms of the lease agreement, and if such conditions are not specified, in accordance with the purpose of the property (for example, premises intended for use as an office cannot be converted into a gym or warehouse).

The tenant has the right, with the consent of the lessor, to sublease the leased property (sublease) and transfer his rights and obligations under the lease agreement to another person (release), provide the leased property for free use, as well as pledge lease rights and make them as a contribution to the charter capital of business partnerships and societies or share contributions to a production cooperative, unless otherwise provided by law. In these cases, with the exception of re-letting, the tenant remains responsible under the contract.

A sublease agreement cannot be concluded for a period longer than the term of the lease agreement. The rules on rental agreements apply to sublease agreements. The sublease agreement is terminated upon early termination of the main lease agreement. From a tenant who uses the property not in accordance with the terms of the contract and the purpose of the property, the lessor has the right to demand termination of the contract and compensation for losses (Article 615 of the Civil Code of the Russian Federation).

Both the tenant and the lessor are responsible for major and current repairs of the leased property. However, this rule is dispositive: the parties themselves can agree on who makes what repairs. If there is no agreement on this, the law establishes that the lessor carries out major repairs at his own expense, and the tenant - current ones.

The scope of work for major repairs and the deadline for its completion are provided for in the contract or an additional agreement to it.

The tenant is obliged to maintain the property in good condition, carry out routine repairs at his own expense and bear the costs of maintaining the property, unless otherwise provided by law or agreement (Article 616 of the Civil Code of the Russian Federation).

The law provides for the consequences of deterioration or improvement of leased property (Article 623 of the Civil Code of the Russian Federation).

In the event of damage, loss, or depreciation of the leased property, the tenant is responsible for this and compensates for the losses caused, regardless of whether they were caused by the tenant himself or his employees or family members.

Separable improvements made by the tenant without harm to the property are his property and can be withdrawn by him upon termination of the contract. Inseparable improvements (for example, the manufacture of internal electrical wiring instead of external), made with the consent of the lessor, become the property of the lessor, but the lessee has the right to reimbursement of the cost of these improvements,

The cost of improvements made without the consent of the lessor is not subject to reimbursement, unless otherwise provided by law.

Improvements to the leased property, both separable and inseparable, made from depreciation charges on this property are the property of the lessor.

17. The concept of term, rent under a rental agreement

Article 626. Rental agreement

1. Under a rental agreement, the lessor, who rents out property as a permanent business activity, undertakes to provide the lessee with movable property for a fee for temporary possession and use.

Property provided under a rental agreement is used for consumer purposes, unless otherwise provided by the agreement or follows from the essence of the obligation.

2. The rental agreement is concluded in writing.

3. The rental agreement is a public contract (Article 426).

Article 627. Duration of the rental agreement

1. The rental agreement is concluded for a period of up to one year.

2. Rules on the renewal of a lease agreement for an indefinite period and on the tenant’s pre-emptive right to renew a lease agreement (Article 621) do not apply to the rental agreement.

3. The lessee has the right to cancel the rental agreement at any time by notifying the lessor of his intention in writing at least ten days in advance.

Article 630. Rent under a rental agreement

1. The rent under a rental agreement is established in the form of fixed payments, made periodically or at a time.

3. Collection of rent arrears from the tenant is carried out in an indisputable manner on the basis of a notary’s writ of execution

We rent a warehouse. There are access railway tracks to this warehouse. When a worker (driver) drove up to the gate of the warehouse, he damaged the gate and beam of the structure, the carriage was large and did not fit into the passage. who is to blame in such a situation? Who should be responsible, since our landlords are asking us to reimburse the costs of repairing the gates and beams?

Answer

“If the tenant violates the terms of the contract, the landlord may apply various sanctions against him. The number and size of sanctions directly depend on what specific rental conditions are specified in the agreement and on how carefully the tenant complied with them. To avoid penalties, the tenant must monitor compliance with contractual terms and pay special attention for the following circumstances.

Condition on the intended use of the leased property

The tenant is obliged to use the leased property in accordance with the terms of the lease agreement and the purpose of the leased property (). Consequently, if the contract specifies the intended purpose of the leased property, then the tenant must use it only for its intended purpose. For example, a premises transferred for an office cannot be used for a warehouse and vice versa.

The agreement may provide for the tenant's liability for misuse of the premises in the form of a penalty (fine, penalty). In this case, if the rules for using the premises are violated, the landlord may collect a penalty from the tenant. However, even if there are no provisions in the contract regarding the tenant’s liability for misuse of the premises, the landlord has the right to demand compensation for losses in full. Of course, provided that such misuse actually caused him losses.

In addition, the courts recognize the use of the premises by the tenant not in accordance with its purpose as a significant violation of the terms of the contract, sufficient to satisfy the landlord’s request to terminate the lease agreement unilaterally().

Example from practice: the court granted the claim for termination of the lease agreement and for the collection of a fine, since it was established that the tenant had misused the premises transferred to him

Obligation to maintain leased property

When concluding a lease agreement, the rent is distributed between the parties. In the contract, these responsibilities can be distributed in any way. By default, the lessor is obliged to carry out major repairs of the leased property(). Tenant by general rule is obliged to maintain the property in good condition, carry out routine repairs and bear the costs of maintaining the property().

The contract may establish a penalty in case the tenant fails to fulfill the obligation to carry out routine repairs of the rental property. The landlord also has the right to recover from the tenant damages incurred due to failure to carry out repairs. As a general rule, losses are recovered in the part not covered by the penalty().

In itself, the failure to carry out routine repairs by the tenant is not a significant violation of the contract and grounds for its early termination, unless otherwise expressly provided for in the contract (). However, if failure to carry out routine repairs significantly worsens the condition of the leased property, then in this case the lessor has the right to demand early termination of the contract in court ().*

To avoid penalties, the tenant should take care of routine repairs in advance.

Example from practice: the court granted the claim for termination of the lease agreement because the tenant did not fulfill the obligation to carry out routine repairs of the premises

Similar rules apply if the tenant fails to fulfill the obligation to bear the costs of maintaining the property (in particular, if the tenant does not pay utility bills for the use of the rented premises).”

“Rules for the return of leased property

At the end of the lease period, the tenant is obliged to return to the lessor the property transferred under the agreement. It must be in the same condition as when it was handed over to the lessee, subject to normal wear and tear().

Therefore, the tenant may be subject to sanctions in the following cases.

1. In case of non-return (untimely return) of property to the lessor

In this case, the tenant will be obliged to pay rent for the period of delay and compensate for other losses of the tenant caused by the delay in returning the premises. The agreement may also provide for a penalty for late return of the leased property.

Attention! In case of delay in the return of property, special conditions for the collection of penalties and losses apply.

2. When property is returned to the lessor in improper condition, that is, in a condition other than at the time of transfer, with the exception of normal (natural) wear and tear

Natural wear and tear means that the properties and appearance property may change over time, regardless of who will use this property - the lessor, the lessee or another person. Since such a change occurs over time, regardless of the will of the parties to the agreement, the tenant is obliged to return the property to the lessor, taking into account the same changes that would have occurred if the premises had been used by the lessor himself or had been leased to any other person.

At the same time, in the contract it is general rule by agreement of the parties can be changed(). For example, the contract may state that non-residential premises will be returned to the landlord after cosmetic repairs, which must be done by the tenant at the end of the rental period.

The return of property in proper condition also presupposes that the basic design characteristics of the transferred property have not been violated. Thus, a non-residential building in which the premises have been redeveloped must be restored to its original form, unless the parties agree otherwise. The tenant must return the real estate of the same area and number of floors as was transferred under the agreement for temporary possession and use.

In addition, other changes to the property are also unacceptable that do not change its main structural characteristics (area, number of floors, etc.), but affect the appearance of the property and the possibility of using it for its intended purpose, and therefore are also significant. For example, a land plot on which temporary buildings were erected, in the absence of another agreement between the parties, at the end of the lease period must be cleared of these buildings.*"

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