Addendum to the lease. We conclude an additional agreement to the lease agreement Additional agreement to the equipment lease agreement sample

When an additional agreement is concluded to the lease agreement (on extension, termination and change of conditions)

The parties to the contract may want to change the original terms of the transaction. Civil law provides that a change can be made in two ways:

through the signing of an additional agreement, if both parties agree with the changes;
through the courts, if one side seeks changes, and the other opposes.

At the same time, in order to extend the validity of the transaction, it is not necessary to conclude a new contract; it is possible to extend the term with the help of an additional agreement to the lease agreement. But sometimes the parties initially allow the possibility of extending the lease, including in the contract a condition for automatic renewal.

So, if neither party, one month before the expiration of the lease agreement, declares its desire to terminate the lease relationship, then it is considered that the term of the agreement is extended for the same period for which it was originally concluded. Thus, it is not necessary to sign a new agreement, and the extension of the term can be endless.

Automatic renewal is not always the best solution, especially in cases where the lease is registered as an encumbrance on the property. To keep track of the deadlines, the registrar requires filing an additional lease extension agreement.

Another reason for drawing up an agreement is the early termination of the lease agreement by mutual agreement of the parties. Then it is still possible to make an act of return acceptance and transfer of the leased item to it.

Finally, an agreement is absolutely necessary when the conditions under which the transaction was concluded change (payment under the contract, the scope of the tenant's rights, his obligations, etc.).

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The content of the add. agreements to the lease agreement for residential and non-residential premises

What conditions will be included in the additional agreement depends on what the parties want to achieve. In any case, it is necessary to indicate in the agreement to which agreement it is an addition. If changes are made, then you need to specify new conditions and old ones that will no longer be valid.

Usually they write like this: “Item No. X is set out in the following wording ...” or “Item No. X is considered invalid.” If you just need to extend the contract, then a new period of validity of the lease relationship is indicated.

There is no particular difference in drawing up an additional agreement to the lease agreement for residential or non-residential premises. But if the purpose of the premises has changed from residential to non-residential or vice versa, then it can be easier to draw up a new lease agreement. The difference in the rights and obligations of both parties may be too great.

Form of an additional agreement (sample) and the need for its registration

The basic rule for drawing up an additional agreement to a lease agreement is that the form of the agreement must be the same as the form of the agreement. So if the contract was originally drawn up in writing, then add. the agreement is made in writing. Accordingly, if the contract itself was certified by a notary, then the agreement must also be attributed to the notary, but not necessarily to the same.

An additional agreement to the lease agreement is an integral part of the agreement. It is drawn up in the same form as the contract, and is registered in the same manner. With the help of the agreement, the parties can amend the existing contract, extend or terminate it ahead of schedule. But the signing of an additional agreement is possible only when both parties agree with it.

In order to correctly and quickly draw up an additional agreement to the lease of non-residential premises, it is advisable to use a ready-made sample. The supplementary agreement is not an independent legal document, but only a part of the main contract. An additional agreement 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 participants in the transaction is carried out.

These legal relations 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 it.

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

The concept of rent

This type of relationship refers to the legal relationship between two parties to the transaction, one of which leases its non-residential premises to the other.

The lease agreement must include the following obligatory 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 the prescribed manner, and the landlord 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 should also be spelled out in the document.
When transferring for rent, 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 real estate.

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

situations

There are a number of specific circumstances when the parties to a 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 the rent or the procedure for its calculation;
changes in the scope of rights and obligations of the tenant;
changes in the number and area of leased premises or their purpose.

Other clauses of the contract may also be settled. Only the most common are listed here.

Mandatory nuances

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

The agreement may regulate any clauses of the main contract. But the agreement must necessarily contain a reference to this agreement, since the agreement is an integral part of it.
Amendments are made by prescribing each item that needs to be excluded or replaced by the one specified in the supplementary agreement.
It is important to make 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 premises. 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 the help of 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 to it is also subject to notarization.
If the main contract was subject to state registration, then all its changes must be registered.
When compiling a document, corrections should not be allowed. You can not make an entry "corrected to believe." The agreement must be absolutely clean.
If necessary, you can describe the circumstances that led to the change.

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 it up. The algorithm of actions will be as follows:

As with any document, its title is indicated. It should 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 full personal, registration and passport data of the participants in the transaction are registered. They must 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 contract.
After that, the changes themselves are prescribed for each item.
Further in this document, the terms of its entry into force and expiration should be prescribed.
Be sure to indicate how many copies of the changes are made.
Signatures of the parties and full details. For legal entities, a seal is required.

Such a 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 lease changes 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, the cost of rent is usually not prescribed in the main contracts, but is included in an additional agreement. This agreement must be drawn up every time there is a change in rent. But the accrual itself should have the same character as when it was appointed 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.

Evasion of signing

New changes cannot take effect unless they are 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 opposing 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 why these changes are made. These reasons must be documented in court.

- a specific document regulating the procedure for the temporary use of residential premises. This transaction is carried out in the same order in which the original contract was executed, which is established. The main regulatory norm for registering such a document is. The essence of additional agreements and their involvement in the original agreement is enshrined in.

The need for an agreement is natural, since changing the conditions in words is not a legal fact, which does not give the right to defend one's interests in the courts. Addendum to the main contract imposes on the parties to the transaction obligations for its execution together with new provisions. It should be borne in mind that a unilateral change in conditions is impossible, since this is prevented.

The parties to such a document are the tenant and the landlord. The owner of the dwelling undertakes to transfer the dwelling to the citizen who pays the rent for the use of the property. Only individuals and legal entities are a party to the contract (if the charter of the organization allows it), and there are special forms of employment for government agencies.

It is important to understand that the article describes the most basic situations and does not take into account a number of technical issues. To solve your particular problem, get legal advice on housing issues by calling the hotlines:

Sample additional agreement to the lease agreement

The document is only writing, which is directly established by the need to comply with the structure of the original contract. The innovation is signed by the participants of the previous agreement and cannot be transferred to third parties.

Typical sample addendum to lease agreement(you can view and download here: ) includes the following elements:

Preamble determines the type of document and approves the parties involved in its conclusion. Since the document supplements the previous agreement, it is required to preserve the status of persons that was originally issued.
An important part of the preamble is indication of the time and place of the document. The date at the beginning of the agreement allows the parties, in the event of a dispute, to prove the change in terms of employment.
Main element of the agreement- a link to a document concluded earlier. Preferably an indication of the number, date and place of signing.
Subject of the agreement is indicated if the terms of the transaction change as part of the addendum. Most often, the reason for concluding an innovation is a change in the value of . In addition, another dwelling may be included in the item to replace the old one, if there are sufficient grounds for this (the apartment must belong to the same owner).
Rent amount acts as the value of the transaction.
Rights, duties and responsibilities of the parties are indicated if the fulfillment of the terms of the contract requires the introduction of additional rules or the establishment of a new procedure for safeguarding interests.
At the end of the document, the details of the parties involved in the conclusion are duplicated. Agreement with the new conditions is confirmed by a signature. In addition, the date in the final part of the agreement indicates the moment of direct signing.

Registration of an additional agreement to the lease agreement

List of required documents for registration of an additional agreement to the lease agreement

The list of documents for registration of rent includes:

Previous lease agreement.
Receipt proving the payment of state duty.
General passport of the applicant.
Technical plan issued by the BTI. According to the requirements of Rosreestr, the document must include an explication of the floor.
Stakeholder agreement with the transaction. In particular, spouses, creditors (with pledge) and guardianship authorities (if the interests of children are affected) must express their approval.
Extract from the EGRP.

If one of the participants in the transaction is an organization, the list of documents is extended to include statutory documents and state registration certificate. The legal status of a legal entity is confirmed by an extract from the Unified State Register of Legal Entities.

When submitting documents, please note that only originals are accepted. Just extra. an agreement to the lease agreement must be drawn up in three copies, one of which remains in Rosreestr.

The most popular questions and answers to them under the additional agreement to the lease agreement

Question: Hello, my name is Michael. I'm renting an apartment with a friend. A year ago, we made an agreement with her that she would lower the rent for me. by 20%. Now she demands to reimburse all the lost funds, citing the fact that the add-on was not registered. Is it legal?

Answer: Good afternoon, Michael. Despite the fact that the law clearly requires citizens to register this document, judicial practice shows different results. In addition, the FAS regulations also establish that if persons did not register a document, but executed it de facto, it can be recognized as valid and legalized "retroactively".

It should be noted that Russian law has no precedents, and the court is not obliged to make a decision in favor of one of the parties. In this case, the new rent will be unequivocally applied only to the period following the state registration. According to Federal Law "On state registration", any party to the contract of employment can submit documents for this procedure ( article 26).

An example of an additional agreement to a lease agreement

The citizen rented the apartment to his neighbor. After some time, the parties agreed that they would reduce the rent, which was immediately an agreement was drawn up. The landlord decided not to fulfill his obligations when he assessed that he had significantly infringed upon himself by his obligations. Realizing this, he demanded that the employer pay the old price, which was refused.

The Court of First Instance took into account that the supplementary agreement had been concluded in the same form and contained only a price change clause. The court found that there was no need to register such a document, upholding the claims of the plaintiff on the basis Article 452 of the Civil Code of the Russian Federation.

The cassation sent by the defendant had a diametrically opposite result. The court interpreted the lease as an encumbrance, and the price change as a significant change in the obligations of the citizens participating in the transaction. Thus, the judge interpreted additional agreement as a change in the encumbrance, which required registration with Rosreestr. The rent change has been deferred until it is properly processed.

Conclusion

Additional agreement to the lease agreement- a contractual form of relationships aimed at expanding or changing the terms of a transaction between citizens and organizations. This document may include:

Change in the subject matter of the transaction, including payment or real estate.
Changing the conditions and procedures for using the premises provided under the contract.
Changing the rights and obligations of the parties to the agreement. Most often, the document is concluded to ensure proper and timely payments from the tenant.

After agreeing on the terms of the lease of residential or non-residential real estate, the parties may eventually need to revise some clauses of an already existing contract, including its extension or cancellation. According to the Civil Code of the Russian Federation, in this case, the parties may amend the current lease agreement by entering into an additional agreement. The legislation does not provide for separate requirements for the form and content of such an agreement, and it must be drawn up in accordance with the rules governing lease agreements.

Table of contents:

In what cases is an additional agreement to the lease agreement concluded?

If the parties have signed an agreement on the lease of the premises, the conditions in it will be valid until the end of the specified period. There are 2 ways to revise the terms or terms of the agreement:

Peaceful. When both parties agree to the new terms in the lease agreement, they have the right to fix this fact by signing an additional agreement;
Judicial. If one of the parties seeks to change the terms of the lease agreement, and the second prevents this, the first has the right to go to court with a corresponding demand.

An additional agreement to the lease agreement may regulate all its conditions, including:

The cost of renting a room;
The rights of the tenant to use the property;
Obligations of the tenant and the landlord;
Dates of payments under the contract;
terms of the agreement.

If an additional agreement is drawn up for early termination of the lease, it must also be accompanied by an act of acceptance and transfer of real estate signed by both parties.

Often, landlords insist on renewing the lease through an additional agreement, even if it provides for automatic renewal of the term. This happens in cases where the lease of real estate is registered as an encumbrance of the right of ownership. The registrar requires the landlord to file an addendum to track deadlines.

It should be noted that it is not always advisable to conclude an additional agreement if the parties have agreed to transfer non-residential premises to residential premises, or vice versa. When the purpose of the premises is changed, the rights and obligations of the landlord and tenant will change significantly in comparison with the previously drawn up contract. Accordingly, in order to avoid unnecessary confusion and difficulties in drawing up an agreement, it is easier to terminate the current lease and enter into a new one.

How to write an addendum to a lease agreement

There are no serious differences in terms of the rules for drawing up a lease agreement and an additional agreement to it. It is important to know a few rules for compiling such a document:

The agreement must necessarily indicate the addition to which particular agreement it is. That is, you need to specify key information about the current document that defines the rules for renting real estate;
When the supplementary agreement indicates changes in the terms of the main contract, it is necessary to note the clauses of the lease document that cease to be valid or their wording changes. For example: “Item No. 4 of the lease agreement is considered invalid”;
The form of the additional agreement must match the form of the main lease agreement. If the document defining the rules of the lease was printed, then the additional agreement cannot be drawn up in writing. This rule also applies to document authentication. That is, if the lease agreement was certified by a notary, then an additional agreement will also need to be certified.

The parties concluding an additional agreement to the lease agreement must understand that this document is also subject to state registration, like the main agreement. Accordingly, after signing it, you need to contact the registrar so that he fixes the changes in the contract. Before applying, you will need to pay the state fee, which for an individual as of 2019 is 350 rubles, and for a legal entity 1000 rubles.