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In order to correctly and quickly draw up an additional agreement to the lease agreement for non-residential premises, it is advisable to use ready sample... The supplementary agreement is not an independent legal document, but only a part of the main agreement. An additional contract may be valid for a certain period of time, but its validity period cannot be longer than the term of the lease agreement itself.

The main lease agreement contains certain clauses, and the parties to this agreement cannot violate them. Each party has certain rights and obligations, on the basis of which the interaction of the parties to the transaction is carried out.

These legal relationships are regulated by the Civil Code. And according to him, changes in the lease can be made in the following ways:

Through the conclusion of an additional agreement.
Through the court, when one party needs certain changes to the contract, and the other resists this.

Accordingly, it follows from this that the conclusion of an additional agreement is a peaceful way to amend an already signed and valid contract.

Lease concept

This type of relationship is understood as the legal relationship between the two parties to the transaction, one of which rents its non-residential premises to the other.

The lease must include the following mandatory clauses:

Have a certain period of validity, after which the tenant must return the non-residential premises. If the tenant did not release it and did not transfer it in accordance with the established procedure, and the lessor did not file a claim, then the contract is considered extended for an indefinite period.
This type of transaction necessarily implies a certain rent. The procedure for cash settlements must also be spelled out in the document.
When transferring for lease, an act of acceptance of the premises must be drawn up, on the basis of which the rights and obligations are transferred to the receiving party for the maintenance of the real estate.

Taking into account the main features, all changes to this type of transactions are drawn up.

Situations

There are a number of certain circumstances when the parties to the transaction for the lease of non-residential premises are forced to draw up an additional agreement. These situations include:

extension of the contract;
early termination of the contract;
change in the cost of rent or the procedure for calculating it;
changes in the scope of the rights and obligations of the tenant;
changes in the number and area of rented premises or their purpose.

Other clauses of the agreement can also be settled. Only the most common ones are listed here.

Mandatory nuances

The legislation does not establish a specific standard form for such agreements. Therefore, an additional agreement can be drawn up in any written form. But there are certain nuances that the participants in the lease transaction need to know when drawing up this document. These include:

The agreement may govern any clauses of the main agreement. But the agreement must necessarily contain a reference to this agreement, since the agreement is an integral part of it.
Changes are made by prescribing each item that needs to be excluded or replaced with what is prescribed in the supplementary agreement.
It is important to compose changes in such a text that cannot be understood in two senses and distort the correct meaning.
There are no special differences between making changes to the lease of non-residential premises from residential ones. But in the event of a change in the purpose of the premises between residential and non-residential, it is advisable to draw up a new contract. And the previous one can be terminated with an additional document.
The forms of both documents must be drawn up similarly to each other, while if the first document is certified by a notary, any change in it is also subject to notarization.
If the main contract was subject to state registration, then all its changes must be registered.
When drafting the document, no corrections should be allowed. You can not make an entry "to believe corrected." The agreement must be completely clean.
If necessary, you can describe the circumstances that served to make the changes.

Therefore, when signing any changes to an already signed contract, it is important to know these nuances and comply with them.

Compilation procedure

Using a certain procedure for filling out an additional agreement, you can quickly and accurately draw up it. The algorithm of actions will be as follows:

As in any document, its title is indicated. It must contain a link to the details of the main contract.
Next, the city where the agreement is signed and the date are indicated.
After that, all the complete personal, registration and passport data of the participants in the transaction are registered. They should be similar to the main contract. If citizens represent legal entities or other citizens, they must have an appropriate power of attorney for this. Its details are also indicated in the additional agreement.
After that, the changes themselves are written for each item.
Further in this document, the terms of its entry into force and expiration should be spelled out.
Be sure to indicate in how many copies the changes were made.
Signatures of the parties and full details. For legal entities be sure to put a stamp.

This procedure is provided for the preparation of this document. If serious semantic errors are made, this agreement may be invalid in court. Therefore, before signing it, it is important to check all the points.

Rent change

One of the most common changes in leases is rent increases. It can be established on the basis of certain calculations or taking into account the coefficient of increase in the cost of utilities.

In this regard, in the main contracts, the cost of the rent is usually not prescribed, but made into an additional agreement. This agreement must be drawn up every time a rent change occurs. But the accrual itself should be of the same nature as when it was assigned for the first time.

That is, if the rent was calculated taking into account a certain cost of any services, then it should be calculated in the same way in subsequent years.

Avoiding signing

New changes cannot take effect unless signed by both parties to the original transaction. If one of the parties evades signing this document, then it cannot enter into legal force.

The opposite party has the right to apply to the court with a request to oblige the other party to sign this agreement. But for this there must be good reasons for which these changes are made. These reasons must be documented in court.

An additional Agreement is drawn up in order to legally competently regulate relationships the tenant and the owner who rents out the apartment.

If later it is not possible to resolve the differences that have arisen by negotiations, then the Agreement will be objectively considered in court and will affect result of a claim.

The need for compilation of the document appears when circumstances arise that do not correspond to any clauses of the main Agreement. They can be both dependent on the parties to the transaction (the tenant and the lessor), and appeared, independently of them.

Issued in the following cases:

An additional agreement is drawn up only when both participants agree with the circumstances its registration. It should not become a reason for termination of the Agreement in the future.

A correctly drawn up document must comply with each clause of the main Lease Agreement. He supplements, changes or excludes them.

The agreement must be drawn up in such a way that neither of the parties has any questions about its observance and possibilities in any way bypass its execution.

Clauses must be clearly worded.

Additional agreement to the apartment lease agreement.

How to register?

The Supplementary Agreement is an addition to the main Agreement, therefore, when drafting it, it is necessary to indicate number and date of the existing Agreement... Moreover, the Agreement itself must also have its own number.

A document is being drawn up in any form, but in compliance with legislation and legal regulations. Issued in duplicate.

The surnames, names and patronymics of the parties participating in the agreement, their passport data, contact numbers must be indicated.

After that, the clauses of the main Agreement are entered into the Agreement, which are subject to change.

They are formulated specifically, precisely, all amendments are taken into account.

For example, if the subject of the agreement is a change in the rent, then it must indicate that from the moment of signing the additional agreement, the clause on the amount of the amount specified in the Agreement, is considered invalid.

From the moment of the conclusion of the Agreement, a different procedure or amount of payment is in effect (a different amount is indicated). From this moment, the clause indicated in the Agreement will be in effect. At the end of the document, the parties put their signatures next to the names.

Find out how to issue a lease agreement, as well, on our website.

What to deposit?

Changes to the main Agreement can be made by both parties who previously entered into it, but with the consent of an accomplice transactions.

The document must contain a clause stating at what time must one of the parties notify the other about the emergence of situations in which the tenant or landlord could not influence and know about them in advance.

It can be a fire, an earthquake, various state changes in legislation related to the Agreement drawn up by them earlier.

You also need to indicate the exact period from which start to act specified changes. The agreement comes into force from the moment it is signed by the parties to the transaction.

It is permissible to register about responsibility parties in case of its failure.

Is registration required?

Additional agreement does not require compulsory state registration.

At the request of the participants, the Agreement, like the Agreement, can be registered or a transaction can be carried out in the presence of notary.

Thus, the rights of the tenant and the person providing the apartment for rent will be fully protected.

How, you can find out from our article.

How will the contract change?

After the parties have signed the Agreement, the Agreement begins to operate in accordance with the clauses specified in the additional document.

The clauses of the Agreement, which are not indicated in the Agreement, as amended, are executed, as before, or are governed by applicable law.

The supplementary agreement to the lease must be executed legally correct... This will help resolve disputes between the landlord and tenant in the future.

If you find an error, please select a piece of text and press Ctrl + Enter.

It was decided that any changes in the terms of contracts different types or making additions to them can be formalized by drawing up an agreement "On changing the terms of the agreement" better known as an additional agreement.

Features of drawing up a document

Form of an additional agreement to a lease agreement for non-residential premises

This agreement is drawn up in writing and in strict accordance with the structure and form of the main agreement. All the smallest points should be taken into account when registering, since in case of any inconsistencies, the additional agreement may be invalidated.

By drawing up an additional agreement, you can not only make changes to the conditions defined by the main lease agreement for non-residential premises, but also completely cancel certain points of it, or add additional ones.

Important! The additional agreement must be written in an accessible and understandable language without the use of language that in any way may distort the meaning of the document.

Amendments to the main lease agreement through an additional agreement to it is possible only subject to the consent of both parties. If there are several owners of the rented premises, then consent must be obtained from each of them.

When drawing up a document, special attention should be paid to whether the main contract was notarized, registered in the state register or not. If yes, then the same steps will have to be done with the additional agreement.

The title of the document should indicate the addition to which contract it is. The number of the main contract (if any was assigned to it) and the date of its preparation must be indicated.

Structure of the agreement:

name of the document and its serial number;
place and date of its signing;
information about the landlord and tenant;
clauses of the main agreement that are subject to change and their text in a new edition;
the moment of entry into full legal force of the document being drawn up;
Additional Information. This usually includes the number of copies of this agreement;
signatures of the parties.

Important! When drafting the document, no corrections or errors are allowed. You can't even make corrections by putting the mark "believe corrected".

Important! Names, titles, addresses and dates are written in the same format as in the main document.

The number of copies of the agreement is equal to the number of parties. As a rule, they are equal to two, but there are also cases when given number more.

The procedure for changing the rent for the use of non-residential premises

The cost of services for renting non-residential premises can be changed in the manner prescribed by articles and the Civil Code of the Russian Federation. If the initial amount was calculated by drawing up accounting documents (estimates), then the new amount must be calculated in the same way with the introduction of all the changes made.

Important! The rental price can be changed at any time of the validity of the main document.

When specifying a new amount of rent in the supplementary agreement, the amount of value added tax should also be indicated.

All other clauses of the lease agreement that have not been changed by the agreement do not lose their force and are binding on all parties.

Completed sample document

Supplementary Agreement No. _
to the lease agreement for premises No. _
from "_" ______ 20

______________ "___" ____________ 20__

Hereinafter referred to as the "Lessor", represented by ________________________________________, acting on the basis of ___________, on the one hand, and

Hereinafter referred to as the "Tenant", represented by ________________________________________, acting on the basis of ___________, on the other hand, entered into this additional agreement No.__ to the lease agreement for premises No. ___ dated "__" __________ 20__ (hereinafter the "Agreement") on the following:

1. Amend clause ___ and state it as follows:

The amount of rent from "___" ______ 20__ is _______ (______________________) rubles per month, including 18% VAT - _______ rubles ___ kopecks.

2. This supplementary agreement No.__ to the Agreement shall enter into force from the moment of its signing by the Parties.

3. In all other respects that are not provided for by this supplementary agreement No. __ to the lease agreement for premises No. ___ dated "__" __________ 20__.

4. This Supplementary Agreement is made in two copies with equal legal force, one for each of the Parties.