The lease agreement for the premises may imply a completely diverse use of the object in the future, which must correspond to its purpose specified in the documentation.

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A cafe or other place intended for public catering can only be located in non-residential premises that meet certain standards. This fact should be taken into account when choosing premises for rent.

General points

A lease agreement for non-residential premises is always drawn up in writing. In addition, it must be registered with Rosreestr if its term is from a year or more.

In general, such legal relationships are governed by general rules on rent, but it is important to take into account the many rules and requirements that apply to catering premises.

In these places, there must be all the necessary communications, compliance with the temperature regime, sanitary standards, and so on.

The text of the agreement must also comply with existing legal regulations. First of all, this concerns the inclusion of all essential conditions in it, as well as compliance with the condition on the use of the facility for its intended purpose.

Lease agreements for premises that are planned to be used in commercial activities should preferably be drawn up by a specialist.

It is best to use the services of a lawyer who will take into account the wishes of each party and implement them legally correctly.

The premises can be rented not only for commercial purposes, but also for events. For example, for weddings, anniversaries, other celebrations and events.

In this case, a short term of the contract is most often assumed (maximum - several days), as well as service of the event by the employees of the organization.

Basic concepts

Essential conditions

The existing judicial practice indicates the essential terms of the lease agreement for non-residential premises.

So, they include:

1. The condition of the object of the contract, that is, the data of the property, with the help of which it can be clearly identified.
2. Conditions on the amount of rent.

In the absence of these conditions, the contract cannot be considered concluded. Additionally, it is recommended to prescribe in the contract all the conditions that are important for the parties.

This may be some kind of restrictions on the use of the object, contractual jurisdiction, and so on.

Legal aspects

The lease agreement is regulated on the basis of:

You should also pay attention to the materials of judicial practice, which allows you to conduct a thorough legal analysis of the situation and identify the directions of action and the prospects of the case.

How to correctly conclude a restaurant lease agreement

Before concluding a restaurant lease agreement for a banquet or any event, you must perform the following steps:

1. Find out about the conditions under which the premises are provided.
2. Check the purpose of the premises, which can be transferred for temporary use.
3. Check the landlord on the Internet and reviews of the object.
4. To negotiate.

The landlord can also check the tenant. For example, in the database of bailiffs for the presence of debts, this will approximately indicate his reliability.

Required documents

To draw up a lease agreement, the following papers will be required:

Additionally, other documents may be required, it all depends on the specific situation. For example, it can be a power of attorney if a representative is acting from one of the parties.

Sample filling

The lease agreement for the cafe must contain the following conditions:

1. The name of the contract, as well as the date it was drawn up.
2. Full details of the parties that allow them to be identified.
3. Essential terms of the contract, that is, the terms of the object to be transferred and the condition on the amount of the rent.
4. Other conditions specifying the transaction.
5. Additional factors that the parties considered necessary to include in the text.

At the end of the contract there must be the signatures of the parties and their seals, if any.

A typical lease agreement for premises may also include a condition on the use of the facility for specific purposes, for example, for an off-site cafe, holding celebrations, and so on.

With equipment

A lease agreement for a cafe or other facility intended for public catering may involve the parallel transfer of equipment that can be used for direct use.

When renting with equipment, the parties will need to draw up an inventory that will indicate not only the transferred items, but also their quality and actual condition at the time of the conclusion of the contract.

The terms of the transaction may indicate the possibility of using such equipment, as well as liability for damage or damage.

Between individual entrepreneurs and individuals

A contract can be concluded between an entrepreneur and an individual. Most often, an entrepreneur owns a cafe or other premises and transfers an object to a citizen for temporary use (for example, for an event).

At the same time, most of such contracts also involve the actual service of this event by the staff of the cafe.

That is, the essence of the agreement is that by renting premises, the tenant receives a guarantee that third parties will not be able to use the services of the cafe and will not be present at the celebration.

Non-residential premises

Entrepreneurs often rent non-residential premises for the purpose of their subsequent use for catering.

As a rule, these are long-term contracts, so they are subject to registration with Rosreestr.

Such a room must comply with current regulations in terms of sanitary requirements and state standards.

Video: how to terminate a lease early

Otherwise, the person will not be able to obtain all the necessary permits to carry out activities.

Validity

The term of the contract is determined by agreement of the parties. It can be a short-term lease for a one-time event or a long-term lease for doing business.

In any case, after the expiration of the term, the premises must be vacated. Otherwise, the owner has the right to demand payment of a forfeit, penalties, as well as the release of the premises in court.

Responsibility of the parties

The parties are responsible for failure to comply with the terms of the contract in accordance with the terms of the concluded transaction or the law.

As a rule, we are talking about civil liability in the form of fines, penalties, and so on.

The tenant can also incur for activities that he / she conducts in the premises in violation of legal requirements.

Arbitrage practice

Judicial practice on this issue is quite diverse. So, in the city of Moscow, the parties signed a lease agreement for a cafe for a period of two days.

The deal has been agreed, the contract has been signed. The tenant was an individual, and the lessor was an individual entrepreneur. The landlord filed a lawsuit with the court to recover the amount of money from the defendant and indicated the invoice.

The court concluded that the lease agreement cannot be recognized as concluded, since it does not contain a condition on the amount of rent.

However, within the framework of the meeting, the defendant admitted that he practically received the services. After negotiations, the parties entered into an amicable agreement.

In the city of Rostov-on-Don, a slightly different case was considered. Two individual entrepreneurs entered into a lease agreement, which indicated the use of the transferred premises as a warehouse.

The lease agreement for a cafe - a sample the reader can download from the link in the article - is drawn up according to the general rules of the Civil Code of the Russian Federation, taking into account the specifics of the leased object (real estate, for business purposes). We will tell you how the contract is drawn up, what requirements are imposed on the cafe, how to conclude a deal.

Landlord Information

Opening a cafe or restaurant requires careful preparation of the premises. So that resources for preparation are not wasted, you need to take care of the legal purity of the lease. First of all, we are talking about checking information about the landlord and real estate.

You can verify the good faith of the future landlord using the available resources:

1. Having received an extract from the Unified State Register of Legal Entities or EGRIP, you can find out:
   • whether the entity is actually registered as a legal entity or an individual entrepreneur;
   • place of its registration (in case of litigation, will affect the jurisdiction);
   • whether the person is in the process of liquidation.
2. It is also recommended to check the organization on the official website of the State Registration Bulletin for the absence of a decision by the tax authority on the upcoming compulsory liquidation.
3. Information about the landlord's litigation (including bankruptcy proceedings) can be found on the website of the arbitration court. Here you should pay attention to property disputes regarding the future rental object.

IMPORTANT! If an individual acts as a lessor, there is reason to think about future expenses, because in relation to a citizen, the lessee acts as a tax agent (subparagraphs 1, 2 of article 226 of the Tax Code of the Russian Federation (hereinafter - the Tax Code of the Russian Federation). the tenant will also need to calculate and pay personal income tax 13%, calculating the tax base based on the amount of lease payments. It is impossible to transfer this function in the contract to the citizen himself (letters of the Ministry of Finance of the Russian Federation of 15.07.2010 No. 03-04-06 / 3-148, dated 29.04 .2011 No. 03-04-05 / 3-314).

Checking the premises under the cafe

To check the premises, you need to obtain information from the Unified State Register of Real Estate (USRN). This statement can be ordered on the official website of Rosreestr, at the offices of the institution, as well as through the MFC. According to Part 7 of Art. 62 of the Law "On State Registration of Real Estate" dated July 13, 2015 No. 218-FZ, according to an extract from the USRN, you can find out information about:

• premises;
• the rights registered on it;
• restrictions or encumbrances;
• declared legal claims, etc.

Thus, the conclusion of a lease agreement for a cafe is preceded by a thorough study of the future object. However, in addition to checking the legal status of real estate, other factors play an important role, which we will discuss in the next section.

Requirements for the premises of a future cafe, restaurant for obtaining a license to sell alcohol

As a rule, at public catering establishments (restaurants, bars, cafes, buffets (paragraph 2, clause 4 of article 16 of the Law "On State Regulation ..." dated 22.11.1995 No. 171-FZ, hereinafter - Law 171-FZ) alcoholic drinks To do this, the tenant will need to obtain an appropriate license for the retail sale of alcohol in the provision of catering services.The characteristics and location of the property play an important role in this process.So, according to clauses 2 and 4, paragraph 8, clause 10, article 16 of the law 171-FZ, the premises must comply with the following parameters:

1. The presence of a separate service hall for visitors in a stationary room.
2. The lease term cannot be less than one year. Consequently, the lease agreement will have to go through state registration (clause 2 of article 651 of the Civil Code of the Russian Federation, hereinafter - the Civil Code of the Russian Federation).
3. The premises itself, the building where the premises are located, or the adjacent territory should not have any relation to such organizations as:
   • educational (training);
   • medical (even a beauty parlor with a medical license);
   • cultural;
   • sports.
4. Requirements for the area of \u200b\u200ba cafe (restaurant) and the availability of a warehouse have not been established.

Rent of a ready-made cafe (restaurant)

Speaking about renting premises for public catering, we mean not only cases when an unsuitable object is taken for rent and repaired for ourselves. We can also talk about renting a ready-made cafe or restaurant. This type of use greatly reduces the initial costs of the entrepreneur and is quite common.

In this case, the main concern of the future user is to check the property for compliance:

Don't know your rights?

• fire safety standards - in this situation it is better to immediately involve a specialist in this field for a professional examination and drawing up an opinion on the room;
• sanitary and epidemiological requirements - here it is also recommended to immediately consult with a person competent in such matters.

Also, for greater security, you can insert an article into the contract with the lessor's assurance about circumstances of particular importance for catering enterprises (Article 431.2 of the Civil Code of the Russian Federation):

• that the rented premises meet all the necessary technical, fire and sanitary and epidemiological standards;
• about the fact that the cafe does not adjoin the establishments prohibited in the sale of alcohol (educational, cultural, sports, medical).

If the specified information turns out to be unreliable, the lessor will be liable in the form of compensation for losses and payment of the contractual penalty.

Also, when renting a ready-made cafe, all transferred equipment must be specified in the contract and the act of acceptance. The parties must not only list it, but also check the working condition, as indicated in the documents.

How to correctly formulate conditions for inseparable improvements in the contract

Another nuance that should be considered when concluding a deal is the condition for inseparable improvements. As mentioned earlier, the peculiarity of the institution obliges to carry out not ordinary repairs, but a real restructuring and capital preparation of the object. It involves making inseparable improvements to real estate.

Improvement should not be understood as maintenance and overhaul. Improvements include modernization, reconstruction, additional equipment, completion (resolution of the Federal Antimonopoly Service of the East Siberian District of June 25, 2009 in case No. A19-14583 / 08-15). In this case, changes are separable, which can be dismantled without damage to property, and inseparable - with damage. For example, air conditioning, lighting devices, and the like can be considered separable improvements, and partitions, new openings are inseparable. Although in each specific case, the described issue will be resolved separately (resolution of the Federal Antimonopoly Service of the Central District of July 30, 2010 in case No. A35-1623 / 08-C4).

According to paragraph 2 of Art. 623 of the Civil Code of the Russian Federation, the costs of inseparable agreed improvements are reimbursed to the lessee after the termination of the contract. Others may be provided for by the transaction. If it was not possible to prescribe the item on compensation, it is still necessary to obtain the consent of the lessor for any manipulations with the object (Article 622 of the Civil Code of the Russian Federation).

Lease term

Due to the subtleties listed above, it is reasonable to pay attention to the rental period. Often, commercial real estate is rented out for less than one year in order not to pay large fees for state registration of the contract (22,000 rubles are paid by a legal entity, in accordance with subparagraph 22 of clause 1 of article 333.33 of the Tax Code of the Russian Federation).

But if a cafe (restaurant) is placed in a rented space, the specified period cannot be valid for the following reasons:

• the tenant needs time to repair, which reduces the period of direct profit making;
• in such a short period of time, the enterprise may not have time to develop, but it will already have to move out, because no one guarantees the extension of the completed lease agreement.

The optimal rental period is 2-3 years. At the same time, the tenant should take into account that the business may never go well, then there is no point in paying further for the premises. Therefore, in the section on the terms of the agreement, it is imperative to prescribe the loyal conditions for its early termination. For example, in the form in which these provisions contain a sample of a lease agreement for a room for a cafe proposed by our resource, which is available for download at the link:

Regulation of rent payments

As mentioned above, it is best to rent real estate for a cafe for a period of at least two years. However, for such a long period, the rent cannot but change. According to paragraph 3 of Art. 614 of the Civil Code of the Russian Federation, this can be done no more than once a year, by agreement of the parties.

But the mentioned rule does not apply to those cases when the rent is not set in a fixed amount, but is calculated according to a formula using some indexation coefficient. In this case, the change is possible more than once a year. At the same time, such innovations do not need to be separately formalized by an additional agreement (resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation of January 26, 2010 in case No. A59-3535 / 07-C9 (C-5)). But the correction of the calculation formula must necessarily be fixed by an agreement on amending the main contract (resolution of the Arbitration Court of the West Siberian District of September 19, 2017 in case No. A27-21397 / 2016).

When we talk about resizing, we usually mean an increase in the payment (indexation) amount. In this regard, it is not recommended to agree to indexation above 10% per year in total.

Summing up

So, in the lease agreement for a cafe (restaurant), the following points play a key role:

• compliance of the premises with the requirements for obtaining a license to sell alcohol, if such an activity is expected;
• compliance of the facility with fire and sanitary and epidemiological rules, if a ready-made cafe is leased;
• long enough rental period;
• an emphasis on the fate of the costs of inseparable improvements;
• coordination with the landlord of any actions with the premises;
• fixation of rent and clear conditions for its increase and indexation.

A sample lease agreement for a cafe is available for download at the link in the article and will help you prepare a legally logical and competent document. Please note that the sample lease agreement for a restaurant or other commercial real estate is similar, therefore the sample proposed in the article is also relevant for renting such objects.

As a rule, a potential cafe owner does not think about purchasing a suitable property. It is more profitable and safer for business to rent a cafe. It is safer, because for a cafe, as you know, the most important thing is not the interior or even the kitchen, but the correct location.

General information about the cafe lease agreement

When renting a cafe, the procedure for concluding a lease agreement for non-residential premises applies. Regulated by Art. 606-625 and clause 4 of Chapter 34 of the Civil Code of the Russian Federation.

The lease agreement for a cafe, like any other, is in two forms and is kept by each participant.

The participants in the transaction examine the cafe, sign the acceptance certificate for the premises, after which the lease of the cafe officially "starts".

How to draw up a lease agreement for a cafe

The classic example of a cafe lease agreement has a three-part structure:

1. Subject of the contract. This part contains detailed characteristics of the premises being rented out;
2. Rights and obligations of the parties. As a rule, all the points in this section boil down to the fact that the landlord undertakes to provide the premises and ensure its safety, and the tenant - to pay the rent on time, monitor the safety of the premises and not carry out uncoordinated redevelopments;
3. Settlement procedure under the agreement. The specific amount, the type of payment (bank transfer, personal transfer of money, or others) and the dates of payments are prescribed here.

Cafe lease agreement form

The lease agreement indicates: the name of the lessor and the number of the document on the basis of which he owns the property.

The premises itself for rent is described in detail: address, area, number of storeys, purpose of the premises.

Sample cafe lease agreement

What to look for when renting a cafe

First of all, the details that prove the ownership or lease of the provided cafe are important. The lessor's task is to show that the property is not mortgaged and that no third parties apply for it.

When concluding a lease agreement for a cafe, pay special attention to the address, the description of the premises and its specific boundaries, otherwise the tenant runs the risk of coming into conflict with the "neighbors". The description in the contract must correspond to the data from the BTI passport.

If the parties intend to work together for less than twelve months, then it is not necessary to indicate a specific lease term in the agreement. In the opposite case, the term is prescribed, and the contract itself is registered with Rosreestr. State registration is also avoided by concluding an agreement for an unlimited period.

Of course, the tenant is obliged to use the premises only according to the intended purpose, that is, not to arrange a welding workshop in the rented cafe.

Perhaps the landlord will insist on adding an indexation clause to the contract, i.e. increase in rent over time. This is a common practice. Because of this, you should not immediately give up the lease and look for another option. But it is recommended to agree on an indexation of no more than 10% per year.

Try to think through possible disputable situations in advance and write down the ways of their painless solution in the contract.

Cafe lease agreement: Video

A café lease agreement is a reasonable option for small and medium-sized businesses, whose representatives are more profitable to lease premises than to own them. This is due not only to a lack of funds, but also to the fact that the café's profitability will be influenced by its location, and this value is unstable.

For example, a frequently visited cafe may lose customers due to the transfer of a public transport stop or the closure of a nearby business.

The lease agreement for a cafe refers to transactions for the lease of non-residential premises and is drawn up in compliance with the norms of the Civil Code.

Before concluding a transaction, we recommend that you carefully study the cadastral documentation for the leased property and inspect the leased building or premises with the involvement of specialists. It is advisable to make full-scale measurements of areas and assess the technical condition of building structures and communications.

The lease agreement is considered to have entered into force after the parties have signed the acceptance certificate of the object.

Form of contract

The standard form of a cafe lease agreement provides for the presence of three paragraphs in it:

1. The subject of the contract is a comprehensive description of the building or premises being rented. It would be reasonable to indicate all the linear characteristics and areas of rooms, the presence and condition of communications, layout and floor arrangement, etc. To prevent future claims from the lessor, we recommend that you draw up a defective statement that records the quality of the finishing surfaces of the floor, walls and ceilings.
2. Contractors' rights and obligations. In this section, special attention should be paid to ensuring the safety of the leased space, that is, after the end of the lease period, the premises must be returned to the lessor in a condition not worse than at the time of their acceptance by the tenant. The functions for the normal operation of the premises can be distributed between the tenant and the lessor, which should be reflected in the contract. The lessee undertakes to pay the lease on time in accordance with the schedule attached to the lease.
3. The sequence of settlements. Here you will find the total amount of the rent and the price for renting one square meter, as well as the form of payment (cash, non-cash). One of the important additional documents attached to the contract will be the schedule of payments and repayment of arrears.

The form of a standard contract always contains a paragraph in which the details of the parties to the contract and the names (numbers) of documents confirming the ownership of the lessor are prescribed.

The tenant should carefully examine and verify the authenticity of the landlord's title deeds to the leased building (s). The owner of the real estate, at the request of the tenant, is obliged to provide him with evidence of the absence of any property restrictions. For example, the non-application of collateral in relation to leased premises. Also, there should be no claims of third parties to these premises.

Right choice

The location of the cafe is of great importance for the tenant, as it directly affects the success of his business. For example, finding leased premises for a cafe in a large shopping center significantly increases the profitability and profitability of the business.

Terms of the contract

In case of short-term relations between the parties (less than a year), the indication of the lease term in the contract is not necessary. If the tenant intends to conduct his restaurant business on the rented space for a longer time, then the term must be specified in the contract. Moreover, the fixed term of the agreement lasting more than one year presupposes the registration of the agreement with state authorities (Rosreestre).

This procedure is not required for open-ended contracts.

Sublease

If the tenant plans to provide part of the area or all the premises to third parties, he is obliged to inform the lessor about this. Upon receipt of the consent of the latter, all the terms of sublease are prescribed in the contract.

Fulfillment of the contract

The tenant is obliged to use the premises only for their intended purpose, stipulated in the contract. That is, it will not work to locate a sewing production in a room rented as a cafe.

Rent

Due to inflationary expectations, the lessor has the right to stipulate in the contract the possibility of indexing the rent. This phenomenon is ubiquitous, so we advise entrepreneurs to limit their rent increases to 10% per year.

Dispute resolution

As a rule, any agreement provides for the consideration of disputable situations in the relationship of counterparties through negotiations. If it is impossible to resolve the conflict associated with the terms of the contract or with their execution, disputes are referred to the courts for consideration, the jurisdiction and jurisdiction of which extends to the legal relationship of counterparties.

In modern society, real estate with a commercial purpose is the most demanded for running your business. After all, it is not always profitable to have a cafe on the right of ownership.

Features of the lease agreement for premises for a cafe

Like any other agreement, the lease agreement for the premises for the cafe has its own characteristics.

So, first of all, the provider of the café must have ownership of the café, or other appropriate permission.

Secondly, the parties may not specify the lease term. But, however, if they want to cooperate for more than one year, then in this case registration of the contract will be required.

Thirdly, it will not be superfluous to provide for the right to sublease. You can, on the contrary, prohibit the possibility of the operation of this institution.

Fourth, be sure to indicate the rental object. That is, to clearly define its location, area, how many floors it has, purpose and other conditions that make it possible to separate this cafe from other real estate.

Fifth,of course, you need to take into account the condition of the rent. Optionally, you can describe what exactly it includes: taxes, other payments.

Subject of the contract and duration

This agreement is concluded between two entities. The lessor, on the one hand, is obliged to transfer the ownership and use of the cafe (the exact characteristics of the location are indicated), and the tenant, in turn, undertakes to accept it.

At the same time, the tenant must use the premises in accordance with its intended purpose.

The person renting the cafe must guarantee that the property belongs to him on the basis of ownership, which is confirmed by the document. And also the fact that the cafe is not a subject of pledge and an object for the claims of others.

Usually, the contract comes into force when the parties have signed it and is valid until the date specified by the parties. The term can be described in more detail in the appendix to the contract.

Rights and obligations of the parties

The landlord has the rights:

• Carry out inspections of the cafe to determine its safety and use for its intended purpose.
• Give the tenant separate instructions in writing, which he must follow. Such instructions may relate to the issues of taking the necessary measures to prevent or eliminate an accident and other important situations.
• If the tenant warns him about this, replace the real estate or eliminate the identified deficiencies free of charge.
• Other rights may be provided.

In turn, the tenant has the following rights:

• If he found defects in the property, he has the right to demand that they be removed from the person who rents the premises without compensation, or to withhold the expenses and fix them on his own. In addition, the lessee has the right to terminate the agreement early.
• Carry out repairs and other improvements to the cafe, but before that it is necessary to obtain the consent of the lessor.
• Has the right to sublet the cafe also with the permission of the lessor.
• Other rights.

With regard to responsibilities, the person who rents out the cafe is obliged to:

• First, provide this premises.
• Secondly, notify the second subject in writing about the shortcomings.
• Third, to carry out maintenance of real estate and other duties.

The lessee undertakes:

1. return the object as it should;
2. take good care of the property, use it for its intended purpose;
3. pay rent in accordance with the agreement;
4. observe safety precautions and perform other mandatory actions under the contract.

In addition, the contract must provide for such clauses as:

1. The procedure for transferring the cafe.
2. The procedure for making settlements.
3. Responsibility of the subjects of the agreement.
4. Grounds for termination of the contract.
5. Final provisions and other points at the request of the parties.

Below is a standard form and a sample of a lease agreement for a room for a cafe, a version of which can be downloaded for free.