How to correctly draw up an act of acceptance and transfer of non-residential premises, sample document

Frequent causes of conflict situations between participants in a rental transaction are the use of the leased property for other purposes, an increase in fees by the lessor, and damage to property. To solve the first two problems, it is enough to disclose these issues in the contract. In order to avoid unpleasant situations with the safety of the property that the owner transfers to the tenant, it is necessary to carefully draw up an act of acceptance and transfer of non-residential premises under the lease agreement.

Files for download:

The lease agreement includes an act of acceptance and transfer of non-residential premises to the tenant, which is an integral annex. It includes: general information, a description of the external and internal condition of supporting structures, as well as property.

Rent of non-residential premises. General information

Today, the certificate of transfer of premises by the owner to the tenant is considered as a standard agreement, therefore the requirements for this document are classic and relate to a greater extent to its content.
Thus, in order to correctly draw up an integral part of the rental agreement, it must reflect the following information:

• The name of the agreement, that is, in black and white, must indicate that this is an act of acceptance and transfer of non-residential premises.
• Date of preparation.
• It must be indicated in addition to which rental agreement this certification is.
• Information about the parties participating in the rental agreement, that is, the act must indicate information about both an individual and an organization or entrepreneur acting as one of the parties to the bilateral agreement.
• A detailed description of the rented premises must be given, that is, address, floor and area.
• This paper must also contain information about the technical condition of the premises. This point is especially important when the tenant transfers the building to its owner, so that already at this moment it can be proven that no damage was caused to the building or part of it during operation.
• The addition to the main agreement is completed with the signatures of the parties, including their transcript. When a legal entity participates in the ranking, the transfer and acceptance certificate is additionally certified by the seal of the organization.

https://www.youtube.com/watch?v=nXCF__dSgHk

A lease is a transfer of property for temporary use. The deal is between two parties, the landlord and the tenant. The first is responsible for providing non-residential real estate for rent. The second one assumes the obligation to pay a set fee for it, according to the conditions specified in the lease agreement (fixed monthly payment or other payment method).

The lease agreement includes conditions according to which the non-residential premises are transferred in accordance with the transfer and acceptance certificate, and the certificate itself is an integral addition to the contract. In most cases, two copies of the document are drawn up, one for the landlord and one for the tenant. If necessary, an additional copy of the transfer and acceptance certificate is also drawn up.

The following requirements apply to this document:

• The number of copies must be at least one for each party participating in the transaction.
• Only persons who have the right to do so and who have signed the lease agreement can sign the deed.
• The information in the deed about the transferred non-residential premises must be complete and reliable. All technical faults must be taken into account.
• The date of signing the document must coincide with the actual transfer. Responsibility for any damage falls on the tenant's shoulders from the moment the deed is signed.

Is this document always needed or not?

If we consider the act drawn up in addition to the lease agreement, the date of signing will be considered the beginning of the lease period. Naturally, in such situations this act is mandatory. A document signed by both parties officially allows the receiving party to use the premises. It is accepted that immediately after signing the document, the parties exchange money and keys. The act is drawn up even in situations where the rental period lasts only a few days.

If the transfer document is an attachment to the purchase and sale agreement, it also serves as confirmation of the fulfillment of obligations.

When one of the parties avoids using this document in a transaction, the law regards this as unwillingness to fulfill the terms of a previously drawn up agreement. In addition, the signed act confirms that the seller and buyer have fulfilled their obligations, namely, handed over the keys and money.

Drawing up a deed of transfer can be safely called an integral stage of completing a transaction related to real estate. You need to understand that until the deed is signed, the lease or purchase and sale agreement is considered only a preliminary agreement.

It can also be assumed that the absence of a transfer document may lead to some difficulties. For example, the tenant does not bear financial responsibility for the real estate and has the right not to pay the previously agreed rent. The owner will not be able to make claims related to the deterioration of the technical condition of the premises.

Certificate of acceptance of transfer of return of non-residential premises: form

The acceptance certificate is an important and significant additional document to the lease agreement. Since the object is a non-residential premises, the process of drawing up this document has some features:

• it contains information about each party involved in the transaction;
• It is allowed for both companies and individuals to act as tenants and landlords;
• if the participant is an individual, then his full name, passport details, and address of permanent residence are entered;
• if a legal entity is participating in this agreement, indicate the legal address of the company, its full name, full name of the director;
• the direct purpose of this document is certainly stated, namely that the premises are transferred from the owner to the tenant or vice versa;
• it is stated that for such a transfer the lessee is obliged to pay a certain fee, usually represented by monthly payments. You can find out whether it is possible to draw up a free rental agreement for non-residential premises by following the link;
• information about the non-residential premises itself is considered important, therefore there must be information about its type and purpose, as well as the total area;
• data about the condition of this object is recorded, therefore, the wall, floor and ceiling coverings, various additional shelves, stands or other elements, windows and doors are described in detail;
• if there are any violations in the finishing materials, this must be contained in the document;
• Often non-residential premises are rented together with certain furniture and even equipment, and these elements must certainly be reflected in the deed.

The act is drawn up in two copies. When this document is drawn up for the first time, the tenant must carefully study all the information that is indicated in it regarding the existing premises. He must check it with actual data so that there is no situation that the landlord missed important points, for example, more furniture may be listed than is actually available.

Find out how to draw up a lease agreement between the parties - individuals and what details need to be provided - here.

Sample act of acceptance and transfer of non-residential premises for rent.

In this case, appropriate changes are made to this act. The tenant must pay a lot of attention to inspecting finishing materials and other elements, since if they are damaged, this must be reflected in the document.

After the end of the lease period, another act is drawn up, which should be similar to the first. The owner checks the technical condition of the premises to make sure that the functionality of communications is not impaired, all furniture and appliances remain in place and in working order, and there are no problems with the integrity of various coatings in the premises.

If discrepancies are found, the tenant covers the losses, and if there are no problems, then a second act is drawn up, which clearly states that the landlord has no claims against the former tenant.

Act structure:

• its head begins with the name itself;
• the exact date of its compilation is indicated, and the place where the process is performed is also indicated;
• information about the contract is written down, to which the act must be attached, so even it must contain basic data from the contract;
• information is entered about each participant in the transaction, namely the owner of the premises and the tenant;
• Particular attention is paid in the document to the description of the technical condition of the object, as well as its contents, if it is rented together with various devices, furniture or equipment;
• the address of the premises is written down;
• information is given that the premises are for rent, which indicates the purpose of the document;
• often even the readings of different meters are indicated so that in the future it will be easy for the owner of the property to calculate utility bills;
• a separate line is allocated to indicate various defects, if any, for example, violations of the integrity of the floor covering, non-working equipment, etc.;
• at the end of the deed, the owner and tenant put their signatures with a mandatory decoding.

Important! This act is considered useful for each participant in the transaction, since it does not allow any unscrupulous party to make claims against the other in the future.

Let's consider the main features of drawing up an act of acceptance and transfer of non-residential premises.

• The deed form must contain information from both parties entering into a transaction for the acceptance and transfer of non-residential real estate.
• The transaction can be concluded both between individuals and legal entities (individual entrepreneurs / organizations). Individuals must provide information regarding: full name, passport details, registration address; legal entities must indicate the name of the enterprise, full name and position of the director.
• The document indicates that the lessor (owner of non-residential premises) transfers the premises to the tenant (the type of premises, its purpose, total area is specified) for temporary use (rent).
• It is necessary to indicate all the features of the premises at the time of drawing up the acceptance certificate, namely: the condition of the ceilings, ceilings, windows, walls, doors, floors. When the premises are rented along with furniture or other property, this must also be indicated in the document.
• The act is signed by both parties and stamps are affixed, if available. Each party retains its own copy of the act, which goes along with a copy of the lease agreement.

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A sample act is here.

ACT No. 3723 acceptance and transfer (return) of non-residential premises

St. Petersburg December 04, 2021

Furniture-Elite LLC, hereinafter referred to as the Tenant, represented by General Director Konstantin Evgenievich Malinovsky, acting on the basis of the LLC charter and power of attorney No. 83/28 dated December 01, 2021, returned, and Darstroy LLC, referred to in hereinafter referred to as the “Lessor”, represented by Deputy Director Anatoly Borisovich Pavlov, acting on the basis of power of attorney No. 36/2 dated March 10, 2021.

, took over non-residential premises No. 128 (the premises number is given according to the explication dated August 14, 2021, 2 (second) floor, with a total area of ​​1200 (one thousand two hundred) sq. m, located at the address: St. Petersburg, Pervomaiskaya street, 281, according to Agreement No. 172/2 for the lease of non-residential premises dated November 25, 2016.

No defects were identified in the returned property.

The property was returned to the Lessor within the period established in the agreement and in the condition established by the specified lease agreement.

This act is drawn up in 2 (two) copies, one of which is kept by the Lessor, the other by the Tenant.

The Lessor has no complaints.

CEO

Malinovsky Konstantin Evgenievich

_________________

Pavlov Anatoly Borisovich__________________M.P.

The act form is here.

ACT No. ____reception and transfer (return) of non-residential premises

____________ "___"________ ____

__________, hereinafter referred to as the “Tenant”, represented by _________________, acting on the basis of _____________, returned_, and _____________________, hereinafter referred to as the “Lessor”, represented by _________________, acting on the basis of _________, accepted_ non-residential premises No. ______ (the room number is given according to the explanation from “__”_____________ _____

Head________________________________________________ (full name, position)

The Acceptance and Transfer Certificate of the premises is a document attached to the lease agreement. Since the lease agreement is subject to state registration, it is very important for the parties to formalize the transaction correctly. To do this, it is important to record the condition of the property at the time of its transfer to the tenant.

“The transfer of a building or structure by the lessor and its acceptance by the tenant is carried out under a transfer deed or other transfer document signed by the parties. Unless otherwise provided by law or the lease agreement of the building or structure, the obligation of the lessor to transfer the building or structure to the tenant is considered fulfilled after giving it to the tenant in possession or the use and signing by the parties of the relevant transfer document.” (Clause 1 of Article 655 of the Civil Code of the Russian Federation).

A sample act is here.

ACT OF ACCEPTANCE AND TRANSFER OF PREMISES

Moscow November 19, 2021

This Certificate of Acceptance and Transfer of Non-Residential (Office) Premises certifies that the Closed Joint Stock Company "BelenRost" represented by the Director for Production Issues Fedorchishin Valentin Pavlovich, acting on the basis of a power of attorney dated November 10, 2016, transfers, and the Open Joint Stock Company "Svet-Proekt" "represented by General Director Anatoly Konstantinovich Valeriev, acting on the basis of the Charter, accepts non-residential premises with an area of ​​750 (seven hundred fifty) square meters from November 19, 2021. m.

(hereinafter referred to as the Premises) on the ground floor of the building located at the address: Moscow, st. Isaevskogo, 198 leased to the Open Joint-Stock Company "Svet-Project" under a lease agreement for non-residential premises dated November 16, 2021 between the Open Joint-Stock Company "Svet-Project" and the Closed Joint-Stock Company "BelenRost" (hereinafter referred to as the Agreement).

Condition of the Premises: The Premises fully comply with the terms of the above Agreement.

Open Joint Stock Company "Svet-Project" does not have any claims against Closed Joint Stock Company "BelenRost" in relation to the above Premises.

Signature:____________________

Name: V.P. Fedorchishin

Position: Production Director

(Seal)

Signature: ______________________

Name: A.K. Valeriev

Position: General Director

(Seal)

The act form is here.

Moscow “___” _________ 20__

This Certificate of Acceptance and Transfer of Non-Residential (Office) Premises certifies that the Closed Joint Stock Company "_______________" represented by the Director for ..., acting on the basis of a power of attorney dated ..., transfers, and the Open Joint Stock Company "__________________" represented by the General Director ..., acting on the basis of the Charter, accepts from “...” ___________ 20__ non-residential premises with an area of ​​__ (______________) sq. m.

(hereinafter referred to as the Premises) on the ground floor of the building located at the address: ... leased to the Open Joint Stock Company "_______________" under a lease agreement for non-residential premises dated "..." _________________ 20__ between the Open Joint Stock Company "____________________" and the Closed Joint Stock Company "____________________" (hereinafter referred to as the Agreement).

Real estate rental: we draw up a transfer document

Renting permanent structures (buildings, structures), premises (hereinafter referred to as real estate) has a number of features. It is important for the parties not only to correctly transfer, but also to return the leased object. In this case, the procedure for returning real estate is similar to the procedure for its transfer <*>.

Conditions for transfer of real estate

The landlord must transfer the property to the tenant within the period specified in the lease agreement (hereinafter referred to as the agreement) <*>. For example, when renting republican real estate, you need to transfer it to the tenant, as a rule, within 3 working days after the entry into force of the agreement <*>.

Note! If the transfer deadline is not met, the tenant may demand termination of the contract and compensation for losses <*>.

If the contract does not specify a period, it is necessary to transfer the property within a reasonable period <*>. However, the legislation does not stipulate how many days in this case should be understood as such a period. In the event of a dispute, compliance with the deadlines for the transfer of real estate will be assessed by the court. If a reasonable period is not met, the tenant has the right to demand the provision of real estate within 7 days <*>.

The property must be handed over with all the accessories and documents , unless otherwise provided by the contract <*>. We recommend that you prepare a list of such items and documents in writing. For example, indicate in the contract or transfer document. When renting premises, as a rule, they provide a copy of the technical passport, and, if necessary, copies of operational documents for water supply, sewerage systems, and other documents.

Note! If documents and accessories to the rental object are not transferred, the tenant may demand termination of the contract and recovery of damages. In particular, when as a result he cannot use the real estate or is significantly deprived of what he could count on when concluding the contract <*>.

What document to formalize the transfer of real estate

When transferring real estate, you must draw up and sign a transfer document <*>. If it exists, the lessor's obligation to transfer the leased object is considered fulfilled, unless otherwise provided by the agreement <*>. For example, the contract may indicate that the obligation to transfer the premises is fulfilled after receiving the keys to it. The transfer document can be <*> :

— transfer deed (hereinafter referred to as the deed). It must be drawn up when transferring state real estate <*>. In other cases, the parties decide to draw up a deed or draw up another document on the transfer;

- another document . For example, TN or a concluded agreement. The contents of such a document must confirm the transfer of real estate by the lessor and its acceptance by the tenant <*>.

Note: When transferring property to an organization, as a rule, a tax registration form (TTN) <*> is drawn up. An exception is the transfer of real estate between organizations under a lease agreement with the execution of a PUD <*>. For example, a DMP may be a signed act <*>. In such cases, whether to draw up technical specifications or not is the right of the organization <*>.

A transfer document is also required if an agreement is concluded for a new term for the same rental property <*>. For example, in the case of the tenant exercising his pre-emptive right to conclude an agreement <*>. In this case, the return of real estate under a previously valid agreement is formalized with a transfer document.

What to include in the transfer document

The content of the transfer document depends on:

- on the terms of the contract <*>. For example, an agreement may provide for the need to indicate in the transfer document the characteristics of the transferred real estate, the type of property, and other information;

- forms of ownership of real estate . When transferring private real estate, the parties, as a rule, independently determine the contents of the transfer document <*>. The main requirement is that such a document must contain the signatures of the parties <*>. However, to avoid possible disputes, we recommend that you specify in detail the terms of transfer, defects and other information about the property. For example, as in the deed for the transfer of republican real estate.

State real estate is leased according to a deed. The content of the act upon transfer of communal real estate is determined by the decision of the local Council of Deputies <*>. In most cases, the requirements for the transfer of communal real estate are similar to the republican ones <*>.

When transferring republican real estate, the deed must indicate <*>:

1. Place and date of its compilation.

2. Registration number and date of conclusion of the contract.

Please note: The Lessor must keep records of concluded agreements for the lease of state real estate <*>.

3. Information about the condition of the transferred property. For example, the material and decoration of internal and inseparable parts of the room (walls, floors, ceilings, windows, doors, etc.), information about engineering equipment (heating, electricity, etc.), telephone, fire and security alarms, the need for maintenance or major repairs and other information. The condition of the transferred real estate must comply with the terms of the contract, the purpose of the property, technical and other legal requirements <*>.

If there are deficiencies or malfunctions of the rental property, you must indicate this in the transfer document, as well as specify the procedure and time frame for their elimination <*>.

Example wording:

«Upon inspection by the tenant, the following defects/malfunctions of the non-residential premises were identified: _____________________. The Lessor undertakes __________________________ (indicate the procedure for eliminating deficiencies/malfunctions: independently, with the involvement of other persons, etc.)

eliminate these shortcomings/malfunctions within _____ calendar days from the date of signing this act.”

If there are no defects or faults , or other claims against the rental property, we recommend that you indicate this in the report. In this case, the tenant will not be able to demand a reduction in rent (return of paid rent) or early termination of the contract, citing deficiencies that should have been discovered by him during the transfer of the property <*>.

Example wording:

“During the tenant’s inspection of the non-residential premises, no deficiencies/malfunctions were identified. The tenant has no claims against the landlord regarding the condition and completeness of the transferred non-residential premises.”

4. Signatures of the parties (their representatives). In addition, we recommend indicating the position of the representatives and a document confirming their authority. As a rule, a power of attorney <*>.

The act may contain other information <*>. For example, a list of documents and accessories transferred with real estate, a list of persons present when signing the act, etc. <*>. The parties have the right to indicate in the act and attach photographs of the transferred areas to it. A detailed description of the procedure for transferring real estate and its characteristics can serve as evidence to substantiate your position in court if a dispute arises.

If there is no transfer document

There may be additional material costs for the parties . The tenant is obliged to pay rent from the moment of actual transfer of the property until its return (vacation) <*>. The moment of transfer and return of real estate is indicated in the transfer document <*>. The court, in the event of a dispute, will usually collect rent for the period specified in the transfer document.

The parties can avoid material costs if the fact of transfer of real estate or the other party’s evasion from signing the transfer document is proven in court <*>. In this case, the court will evaluate the actions of the parties to fulfill their obligations to transfer real estate. For example, evidence of the transfer of real estate may be the presence of the tenant on the leased premises, payment of rental payments, etc. As evidence of the return of real estate, the court may recognize attempts to return the leased property, the absence of the tenant on the leased premises, the landlord’s evasion of accepting the property, etc. We recommend that the evidence be recorded in writing , for example, draw up an act of evasion of transfer of the leased object.

Administrative liability is provided for violation of the rental procedure:

- state real estate. A fine of up to 200 BV <*> is possible. If the violation resulted in the disposal of real estate, the maximum fine is 1000 BV <*>;

- places for trade. This violation is subject to a fine of up to 500 BV <*>. A repeated violation committed by an individual entrepreneur within a year may result in deprivation of the right to engage in certain activities with confiscation of part of the property <*>.

○ What does it indicate?

The legislator has not approved the mandatory form of the document, so the parties need to find out in advance what is indicated in the transfer and acceptance certificate.

Since the act is always an addition to the main agreement, reference to the main agreement is mandatory.

In addition, the transfer and acceptance certificate indicates the time and place of drawing up this document, because they may coincide with those specified in the main agreement.

The act must reflect information about the counterparties; in addition, it must coincide with that specified in the main agreement.

In the transfer and acceptance certificate, it is enough to indicate the names of the parties and their representatives who have the right to sign. The main lease agreement specifies all the detailed information about the counterparties - data on their state registration (if this is an enterprise), passport details of individuals, bank details of the parties, addresses, contact information.

We invite you to familiarize yourself with: The procedure for registering foreign citizens at their place of stay

✔ Inventory of the premises.

It is necessary to clearly identify the subject of the transaction. The transfer and acceptance certificate must indicate:

• Address of the premises.
• Square.
• Cadastral number.
• Floor.

Other points that the parties consider important may also be indicated: the presence of communications in the premises, the general condition of the apartment, what repairs have been made, etc.

It is recommended to record:

• Condition of the floor, ceiling, walls, partitions.
• Condition of window and door mechanisms.
• The condition of the furniture, if any.
• Condition of electrical wiring.
• Condition of various devices.

In addition to identifying the premises, it is advisable to include in the document a provision on whether the property meets the tenant’s goals.

This clause is practically the most important in the contract.

The fact is that after you have recorded the condition of the apartment, disputes regarding defects that arose after drawing up the act will be easier to resolve.

If such defects are discovered, the tenant has the right to choose:

• Demand that the landlord either eliminate the defects of the property free of charge, or a proportionate reduction in the rent, or reimbursement of his expenses for eliminating the defects of the property.
• Directly deduct the amount of expenses incurred by him to eliminate these deficiencies from the rent, having previously notified the lessor.
• Request early termination of the contract. (Clause 1 of Article 612 of the Civil Code of the Russian Federation).

Contents of the act

Since the acceptance certificate is the starting point for calculating the lease term, it is a mandatory document. The tenant receives the right to use the area only after signing this document. Simultaneously with the signing of the act, the keys to the rented area are transferred in the number of sets indicated in the act.

Important! A transfer and acceptance certificate is drawn up when renting any premises. Even in cases where the rental period is several months or even days.

The acceptance certificate must include the following information:

1. 
   Number and date of the document (agreement) to which it is an annex. This information is indicated in the upper right corner or in the text.

2. The date and city in which it was compiled.
3. The name of the document, which includes information about the premises being leased, indicating its exact address.
4. Information about the non-residential premises being transferred, indicating its exact area.
5. Information about the equipment and machinery transferred along with the areas (if any).
6. Information about the state of communications.
7. Information about existing defects and damage to the object.
8. Full names of the parties involved at the time of transfer of the object.
9. Details (for legal entities) and passport data (for individuals).
10. Seals and signatures of the parties.

Reference. Non-residential premises can be rented out by both a legal entity and an individual. In the latter case, it is necessary to indicate passport data; a signature with a decryption is sufficient as confirmation.

It was mentioned above that an appendix to a rental agreement is currently allowed to be drawn up in free form, but, nevertheless, in order to achieve the identity of many types of such evidence, a certain sequence of presentation of data about the property, its owner and tenant must be followed.

So, the act of acceptance and transfer of non-residential premises should have the following structure:

• The header of the document, that is, its name.
• The day, month, year of drawing up the act, as well as the place where this procedure was carried out.
• Information about the document to which this act is attached is indicated, that is, basic information about the lease agreement.
• Information about the parties to the transaction is written, that is, about the owner of the property and the tenant.
• The most complete information about the rental property is provided, including the exact address, indicating the house number. In the case of renting a room or rooms, these details are also recorded. Also, in this subparagraph you need to indicate which premises are being rented, specifying its exact purpose.
• In most cases, the rental of premises is carried out together with all the necessary equipment and other valuables; in this case, all items in the premises, along with an indication of their technical condition, must also be indicated in a document that serves as an addition to the main agreement.
• At the request of the parties, in the prepared certificate, in addition to all information, the readings of the meters available on the premises may also be indicated.
• One of the main points of the document indicating acceptance of the transfer of an object is an indication of its technical condition at the current time, that is, before the tenant begins to use it.
• A separate line in the certificate should indicate the detected defects in the premises.
• The act ends with the signatures of the two parties and their transcript.

By adhering to this sequence and disclosing each point in detail, both parties will benefit in the future, since all information about the property is recorded not just in words, but on paper.

○ Is it possible to make changes to an existing act?

Yes. You can make changes. But since the lease agreement is subject to state registration, this must be done according to the rules.

1. Changes are made to both the main agreement and the act.
2. Amendments are made in the form of an additional agreement to the main agreement.
3. The additional agreement includes a clause stating that the act is subject to change.
4. The additional agreement is subject to registration.
5. After this, the transfer and acceptance act can be considered changed.

Of course, the additional agreement must be drawn up in accordance with all the rules of document flow. That is, it is drawn up in 2 copies, signed by both parties and must contain all the required details.

General information about the document

The conclusion occurs by agreement of both parties, who are referred to according to the agreement as the lessor and the lessee. The landlord is the owner of the property, the tenant is the person who accepts the premises for temporary use for a certain fee, as stated in the documents accompanying the transaction.

The terms of the agreement are such that the property is rented not only in accordance with the executed lease agreement, but also in accordance with the acceptance certificate. The deed is an integral part of the lease agreement. As a rule, it is drawn up in two forms - one remains with the owner of the premises, the other is with the tenant.

Who should compose?

The act is drawn up by one of the parties to the agreement in printed or written form. As a rule, this function is taken on by one of the landlord’s employees, who has an understanding of the rules for filling out such documents, as well as the reflection of information about the technical condition of the premises.

To draw up the act, you should prepare information about:

• the exact physical address of the premises being leased;
• sides – transmitting and receiving the object.

When drawing up the act, you need to have a contract in hand. As a rule, the act indicates only those persons who are the main parties to the agreement. They are the ones who must sign the act. The tenant should be especially careful when drawing up the report, since damage and technical faults that were not discovered before signing the report will have to be corrected independently.

General design requirements

When drawing up a transfer deed, you must adhere to certain rules:

• The number of copies of the document must correspond to the number of parties between whom the transaction is concluded;
• Confirming their agreement, the parties are required to affix signatures identical to the autographs in the contract. Authorized persons can also sign a document if there is a corresponding power of attorney;
• Information about the premises is indicated as completely and clearly as possible. If any malfunctions or technical problems are found, they are recorded in the report;
• Once the parties have signed the document, the receiving party bears full responsibility for the premises.

In general, there are not so many requirements for drawing up this act. Here you just need to adhere to the rules for preparing documents of this kind.

Features of compilation

The act of acceptance and transfer of non-residential premises is a significant, important addition attached to the previously concluded bilateral agreement.

Due to the existing characteristics of non-residential premises from ordinary apartments, the preparation of a certificate of their acceptance and transfer has its own nuances and features, which are as follows:

• The paper drawn up must contain information about both parties participating in the agreement being concluded.
• The parties involved in this process can be both individuals and legal entities. It is also possible to conclude an agreement between an organization and an individual. Both options are possible and legal. You only need to take into account all the information that should be reflected in the document being compiled. Thus, the following data must be reflected about the private person participating in the signing of the act:
• Full name.

Passport details.

• Registration address, according to the main civil document.

In case of participation in the rental of the premises of a legal entity, the certificate of acceptance of the transfer must contain the following information about this participant:

• Name of the organization.
• Full name of the manager and his position.

If all the above-mentioned features are taken into account, there will be no difficulties in drawing up the transfer and acceptance certificate.

The essence of the transfer and acceptance agreement is to fix the condition of the premises upon its transfer to the tenant.

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Purposes of compilation:

1. Record the technical condition of the apartment.
2. It means the execution of the contract, that is, it imposes certain rights and obligations on the parties, for example, to pay for the premises.
3. Relieves the tenant of responsibility for reimbursement of the cost of repairing defects that occurred before the premises were leased.
4. Identification of deficiencies when drawing up the act gives the tenant the right to withdraw from the contract or demand that the defects be eliminated.

Advice and recommendations from experts

Legal experts, as well as people who have previously had to deal with the rental of non-residential premises, strongly recommend that you under no circumstances treat the document in question as a simple piece of paper that has no legal force. After all, in the future, only on the basis of this document will the owner or tenant be able to prove that he is right.

The importance of this document lies in the fact that only the transfer and acceptance certificate provides a description of the condition of the premises, the main rental agreement does not contain such information, it indicates only formal data, that is, on the basis of which the owner of the premises has ownership rights to this building, or to his part.

Thus, the tenant will be able to prove his careful and non-damaging attitude towards the premises during its operation only by referring to the information contained in the acceptance certificate, therefore its preparation is strongly recommended.

The importance and necessity of drawing up such an addition has been proven, therefore it is not worth saving a few minutes of personal time, especially since in the future this document will save not only financial resources, but also the nerves of the participating parties.

No, it's not legal. This contradicts paragraph. 2 p. 1 art. 655 of the Civil Code of the Russian Federation. According to this norm, the preparation of a transfer and acceptance certificate precedes the tenant’s move into the apartment, in order to prevent him from making changes to the apartment. Nevertheless, the parties can deviate from this provision by fixing in the contract other conditions for the transfer of real estate to the tenant, although this, of course, is not recommended.

This is possible, and in order to protect the interests of the tenant, you can additionally draw up an act of acceptance and transfer of keys to the property.