One of the integral attributes of the parties’ agreement, the terms of which provide for early termination of a property lease transaction, is the act of acceptance and transfer of non-residential premises.
This document must contain a separate paragraph indicating the absence or presence of any claims by the parties regarding the property to be returned to its rightful owner.
The form of a document such as an act may be more of a recommendation, but its form is in no way obligatory for use.
It is permissible to make your own necessary adjustments by drawing up the document in your own way. The agreement is prepared in two or more copies. The minimum quantity is provided for the lessor and the lessee.
The agreement can be drawn up briefly, with only specific changes recorded, or presented in the form of a detailed inspection report.
The act in accordance with which the process of returning the used premises takes place can be filled out freely. The drafter can independently create an individual document suitable specifically for a specific type of legal relationship, which will not only be unique in its content, but also practical.
In the act on the basis of which the premises are returned, the following points must be indicated:
- The name of the document being compiled. The upper part of it indicates the time when it was issued and the place where the signing took place;
- Information about all deadlines is recorded;
- A technical description of the returned premises is provided (how many square meters are available, what material the walls of the building are made of, and what number of storeys the last one is);
- Indication of the state of communication networks;
- In the final part of the document, individual special notes are given and the claims of each party are displayed (if any);
- At the end, the document is signed by the manager or a person representing the interests of the tenant/landlord.
One of the most successful options is the preparation of a checklist presented in the form of a table.
If there are several separate rooms in the room, their consideration and design should occur separately.
Thus, by delimiting individual elements (rooms), you can analyze in more detail the changes that have occurred in the rooms, without missing out on any of the smallest details.
In other circumstances, participants can simply make do with a single reconciliation sheet, where it will be quite enough to use general phrases, determining that as a result of the inspection, no significant obstacles to the return of property were found.
Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your specific problem, please contact the online consultant form on the right. It's fast and free! Or call us at :
+7 Moscow, Moscow region
+7 St. Petersburg, Leningrad region
8 Federal number (free call for all regions of Russia)!
For what purpose is it written?
Unlike the contract, which is clearly provided for in Art. 651 of the Civil Code of the Russian Federation and which must always be drawn up in writing, the return act is not one of the mandatory documents . Moreover, in itself it has no legal force - it only serves as an annex to the agreement.
However, this act is provided for in Art. 655 of the Civil Code of the Russian Federation (for those cases when the law or agreement does not say otherwise). In practice, it is absolutely necessary. Using it, the parties:
- Confirm that the tenant has transferred the non-residential premises back to the landlord. This means that the tenant has fulfilled his obligations in this part, and there can be no claims against him regarding unreasonable use of the property. In addition, if the leased property itself was transferred under a transfer and acceptance certificate, then the return must be formalized in the same way.
- The condition in which the premises are returned is recorded. This is especially important if there is a possibility that during the rental process the object may have been subject to wear and tear or some other operational evidence. By signing the act, the parties either agree to consolidate their agreement regarding the condition of the returned object - or record that there is a dispute between them in this regard.
- Resolve the issue of improvements made. In long-term leases, it is common for the tenant to be responsible for repairs to the property - and may end up making improvements that become an integral part of the property. As a result, it may be difficult to recover their cost. By fixing them in the act, the parties thereby lay the basis for further negotiations.
A correctly drafted act allows you to either completely avoid further disputes, or put them in a constructive direction and determine the possible positions of the parties.
Purpose of the document
The fact is that the deed of return of real estate, unlike the lease agreement, is not a binding document. The document itself has no legal force; it only serves as an addition to the agreement. But the Civil Code says that the paper is drawn up in cases where other rules are not specified in the contract.
Practice shows that an act of acceptance and transfer of non-residential premises upon termination of a lease agreement is extremely necessary. It allows you to:
- Confirm that the tenant has transferred the premises to the landlord. That is, the tenant has fulfilled his obligations, and the landlord has no claims regarding improper use of the premises;
- Complete the transfer of property correctly. If, at the time of concluding the lease agreement, the parties drew up a transfer and acceptance certificate, then it is also appropriate when terminating the agreement;
- Confirm or deny possible wear and tear of non-residential premises during the rental period.
When the parties sign the deed, they express agreement regarding the condition of the returned object, or indicate the presence of disagreements. Long-term lease involves repairs by the tenant. If he has invested considerable funds in non-residential premises, then there may be a problem with their reimbursement.
We advise you to read:
- ✅ Lease agreement for non-residential premises
- ✅ Certificate of acceptance of transfer of land: sample
- ✅ Notice of termination of the lease agreement from the tenant
- ✅ Certificate of acceptance and transfer of services provided: sample
The parties fix important points in the act and lay the foundation for future negotiations. If the act is drawn up correctly, it eliminates disagreements or makes it possible to direct them in the appropriate direction.
The act is drawn up at the time of transfer of real estate to the lessor. It can be drawn up in the following cases:
- The lease agreement for the property had expired and the agreement did not provide for automatic renewal;
- The parties decided to terminate the transaction by mutual consent;
- The landlord wanted to forcibly terminate the contract if the rent was overdue, the rules for the use of non-residential premises were violated, and its condition worsened.
All important nuances regarding termination of a contract are spelled out in Article 618 of the Civil Code of the Russian Federation. It says that if the lease of the premises is terminated, then the sublease also terminates, unless other points are provided for in the contract. Moreover, if the tenant has left the chain of transactions, the subtenant can become a tenant under the conditions specified in the main agreement. In this case, the act is not always drawn up.
When is it issued?
An act of return of non-residential premises is drawn up when the property is returned back to the landlord (or previous tenant) if it was transferred under a sublease agreement. However, when exactly should the return take place?
Obviously, this happens when the relationship between the parties under the contract is terminated. The legislation provides for the following options:
- Expiration when the terms of the agreement do not allow automatic renewal of the contract.
- Mutual consent of the parties wishing to terminate the transaction.
- Termination of the main contract if the premises were subleased (Article 618 of the Civil Code of the Russian Federation).
- Forced termination of the contract at the initiative of the lessor.
- Forced termination of the contract at the initiative of the tenant.
If the first two points are obvious, then the last three need to be paid additional attention. According to Art. 618 of the Civil Code of the Russian Federation, in the event of termination of the lease, the sublease also terminates - unless otherwise provided by the agreement. However, you need to remember: if a tenant leaves the chain of transactions ahead of schedule, the subtenant has the right to take his place on the same conditions under which the main contract was concluded. Therefore, in this case, drawing up a return act does not always occur.
As for the cases when the lessor or the tenant has the right to forcibly terminate the contract, then, in accordance with Art. 450 of the Civil Code of the Russian Federation and the articles to which it refers include the following:
- Violation of the rules for using the premises.
- Deterioration of the rented property.
- Late payment of rent more than twice in a row.
- Lack of repairs within the period established by the contract.
Important ! Many important conditions relating to the lease of non-residential real estate are determined by the contract. Therefore, first of all, we need to look at what exactly the parties agreed on.
Moved out before the lease officially ended
Tenants often think like this. If you remove the furniture ahead of schedule and hand over the keys, the obligation to pay rent will be automatically lifted, and there will be one less financial burden to bear. This is not true. The tenant is obliged to pay until the last day of the lease agreement - clause 13 of the Information Letter of the Supreme Arbitration Court of the Russian Federation No. 66.
The rental agreement ends on a specific date. This is usually the end date of the contract term. For example, the premises were rented until December 30, 2021.
If the tenant and owner have agreed to terminate early, the tenancy will end on the date in their agreement. For example, the parties decided that the tenant would move out before September 1, 2021.
If the tenant unilaterally refuses the contract, you need to wait for the term specified in the contract. For example, a month after sending a notice to the landlord. And if the tenant refuses an indefinite lease, the contract is terminated by default three months after notification - Art. 610 Civil Code of the Russian Federation.
Moving out a couple of days faster is not critical. But if you leave the premises a month earlier, the debt will accrue at the full rate. The landlord will easily recover the money with interest through the court or deduct it from the deposit.
To safely move out early, you need to sign an agreement with the owner. In it, indicate the actual date of departure and stipulate that the accrual of rent will stop.
Sample agreement on early termination of a lease agreement
Who is responsible for compilation?
There are no instructions in the law as to . Obviously, it is made up of representatives of the landlord and tenant - but who exactly?
Here you should focus on the general norms of legislation:
- If one of the parties is an individual entrepreneur or an ordinary citizen, he must personally participate in the preparation of the document.
- If the party is a legal entity, then the person responsible for drawing up the act must be the person who, by virtue of the Civil Code of the Russian Federation, the law on a specific type of organization or internal regulations of the enterprise, is endowed with such powers.
- If one or both representatives act as one or both parties, then there must be powers of attorney drawn up in strict accordance with the law.
Who composes?
The law does not give clear instructions as to who draws up the act of acceptance and transfer of non-residential premises upon its return. As a rule, the paper is drawn up by representatives of the lessor. If one party to the agreement is an individual entrepreneur or an ordinary citizen, then it is he who draws up the paper.
When a legal entity acts as a lessor, the drawing up of an act can be entrusted to a person vested with such powers. Sometimes representatives of the parties are involved in drawing up the act; this is possible with a power of attorney and according to the rules prescribed by law.
The task of drawing up an act at the enterprise is assigned to the legal adviser, the head of the structural unit, and the secretary. The head of the company only puts his signature.
When drawing up the act, it is important to check:
- Appearance of the rented premises;
- Condition of the floor and ceiling, as well as door structures and windows;
- Communications, heating systems and appliances.
During the inspection, the person drawing up the act records all the parameters. If the case goes to court, a well-drafted act will avoid problems. That is why it is important to take the paper as seriously as possible.
Paper requirements
The law does not contain detailed requirements for the execution of an act of return of non-residential premises under a lease agreement. Nevertheless, based both on the norms of civil legislation and on established practice, we can conclude that the following requirements must be met for the act of returning the premises:
- Mandatory written form (Article 655 of the Civil Code of the Russian Federation).
- A detailed description of the address, cadastral number or other characteristics that allow you to uniquely identify the property being transferred according to the document.
- The state of the object at the time of transfer.
The prepared document is signed by representatives of both parties - and certified by seals, if available.
Basic Rules
To summarize, we can conclude that the act must be drawn up according to the following rules:
- Compilation - only in written form.
- Signatures - either of the heads of both organizations or individual entrepreneurs, in extreme cases - the signature of a person who does not have the status of individual entrepreneur, but is a party to the agreement.
- Stamps are placed if available.
- Object address – indicated as completely as possible.
- Characteristics of the premises - are described according to the condition in which they are at the time of transfer from the tenant to the landlord.
These are just the basic requirements. Depending on the terms of the contract, other rules may be specified according to which the act must be drawn up.
Step-by-step instruction
The act must be drawn up as follows:
- The parties to the contract come to the conclusion that the relationship is terminated.
- A commission is created from representatives of both parties and, if necessary, from an independent participant (for example, a representative of the management company in charge of the building in which the property being leased is located).
- The commission examines the object, recording its condition at the time of transfer.
- The results of the examination are recorded in the report.
- Representatives (by virtue of law or contract) of the parties sign the act, giving it force.
- Each party takes its own copy of the act.
Important! If necessary, an independent specialist (for example, an expert appraiser) can be involved in drawing up the act.
Compilation rules
Drawing up an act of return of non-residential premises implies a free form. But, taking into account the norms of civil law, we can say that the document must be drawn up in writing. This is stated in the Civil Code.
The document includes:
- The most detailed description of the address, as well as numbers from the cadastre and other characteristics of the property;
- The condition of the non-residential premises at the time of its return by the tenant;
- Date of preparation and signature of the parties;
- Seals are not a required attribute. The document is certified by seals only if they are available and at the request of the parties.
Pay special attention to the address of the object; it should not contain errors. Characteristics are determined by the condition that characterizes them at the time the premises are returned to the lessor. The rules for drawing up the act are largely determined by the lease agreement itself.
It is important that the tenant and landlord sign the paper. Information related to the premises can be presented in the form of text or tables. The table is suitable when the room includes several rooms.
The description of the object is compiled briefly or as completely as possible. The second option is preferable. The form of the acceptance certificate of the premises upon termination of the lease agreement is drawn up on A4 sheet, or on the company letterhead. The document is filled out by hand or typed on a computer.
The act must be drawn up in two copies; after signing, each party receives one copy. It is important that the copies are identical. The document is endorsed and entered into a special documentation journal.
Typically the paper is kept with the lease to which it relates. By law, claims can be filed only within 3 years after the end of the lease agreement. The storage period for documents is specified in the regulations existing in the company. As a rule, it is 5-6 years.
How to indicate the state of the area in a document?
Satisfactory
In the event that the property is transferred without “surprises”, and both parties agree that the premises are in approximately the same condition in which they were received earlier under the contract, this must be reflected in the return deed.
There is no need to clarify anything further. It is enough to indicate something like the following: “The parties have no claims regarding the condition of the property leased.”
Unsatisfactory
In the same case, when the result of the inspection records the unsatisfactory condition of the premises, this must be reflected in the document . In this case, the act must record:
- results of natural wear and tear of the premises;
- consequences of using it for its intended purpose;
- violations of the rules of use, etc.
It is important that the act indicates that there are shortcomings in the condition of the premises - and additional costs are required to correct them.
The act of returning non-residential premises transferred under a lease agreement is a mandatory element of legal relations. Without it, the relationship between the tenant and the landlord cannot be considered complete. Accordingly, all issues not specified in the act can only be resolved in a court hearing.
What kind of paper is this and why is it needed when canceling an apartment rental agreement?
The act of return of residential premises under a lease agreement is a document that was drawn up by two parties in connection with the termination of the agreement for the rental and rental of premises and the cessation of use of it.
The act is intended to record the fact of termination of the lease, and may also reflect the consequence of the return not only of the premises in its original form, but also of funds in the form of a deposit. The act must indicate in what form the residential premises were transferred and accepted, whether it corresponds to the original form, in place and in what form the furniture and equipment were left (provided that this was reflected in the act of leasing, an inventory of the property was made when renting out an apartment (sample)).
The grounds on which the lease may be terminated are the following factors:
- Mutual agreement of the parties.
- Unilateral refusal to fulfill any requirement of the lease terms, since it does not suit one of the parties, is also allowed at the legislative level.
- By court decision - if there was a violation of the specified conditions by one of the parties, if there was a requirement based on an article of the Civil Code or other laws or an agreement.
The factors were agreed upon under Article 450 of the Civil Code of the Russian Federation.
An agreement to terminate the lease agreement (unilaterally) and return the apartment must be drawn up in writing or using a prescribed form that can be found on the Internet. You can also use the services of a lawyer.
In accordance with Article 452 of the Civil Code of the Russian Federation, the document on termination of the contract is made in the same form as on the rental of premises. The return and termination act is an appendix to the document on the rental of residential premises (apartment) and is drawn up in the following order:
- The title of the document is “Act of termination of the lease agreement and return of the apartment.”
- Next, indicate the locality or city of the transaction and the date of conclusion.
- Lender's initials, tenant's initials.
- The content indicates that the parties formalized the termination of the agreement and, in accordance with it, the apartment was returned under the terms of the agreement.
- The parties calculated payments and reconciled payments. Indicate that there are no complaints left in this regard.
- Mutual obligations of the parties are fulfilled and are considered terminated from the moment of signing the acceptance certificate of the residential premises.
- Indicate the date of entry into force of the agreement and the legal significance of the document.
The document is made in two copies and handed over to both parties. If the parties cannot reach a peaceful resolution, then court proceedings will help them (according to Article 452 of paragraph 2 of the Civil Code of the Russian Federation).
How to draw up a document on the return of residential premises?
The agreement is accompanied by an act of acceptance of the residential premises and its acceptance by the landlord. The act must include the following points:
- Title of the document;
- time of registration, place of signing;
- information about all deadlines;
- technical description of the premises (for example, how many square meters, what material are the walls of the building made of, what number of floors);
- state of communication networks;
- special marks that reflect (if available) the claims of each party;
- signed by persons representing the interests of the tenant/landlord.
