Checking the equipment leasing agreement

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Maksudasm
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Joined: Thu Jan 02, 2025 6:45 am

Checking the equipment leasing agreement

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Comprehensive assessment of the rental property taking into account the purposes of use

If any faults are found in the rented property (especially if they interfere with its operation), they must be recorded in the contract. The tenant has the right to demand that the faults noticed be eliminated and compensation for the costs incurred in connection with this.

If, according to the agreement, the property is rented for specific purposes, but in reality the tenant uses it for other purposes, the landlord has the right to terminate the agreement and recover damages (if the requirements are refused).

The lease agreement must contain chinese overseas america data package a clear and complete description of the leased property. In addition, the details of the seller of the property transferred to the lessee must be reflected.

Major repairs of leased property

In addition to the obligations to carry out major repairs, the contract must specify who will pay for them. Otherwise, even if the tenant is required to carry out major repairs, he will be able to demand that the landlord reimburse the costs by reducing the rent.

If, according to the contract, the costs of major repairs are imposed on the tenant who accepted the property as fully functional, the landlord is not obliged to compensate the tenant for the elimination of deficiencies.

If the contract does not specify a specific type of major repairs carried out by the tenant at his own expense, the costs are borne by the tenant. The requirements apply to both scheduled and unscheduled repairs.

The order of delivery of components and spare parts is established in a similar manner. Specify who will do this and when.

In fact, the rental relationship arose before the conclusion of the agreement.

You may insist that the contract regulates the actual relationship that exists at the time of its conclusion. In this case, indicate the date from which these relationships exist and provide documentary evidence of their existence.

Lease relations before the conclusion of the contract

Source: shutterstock.com

If, according to the act, the property was transferred for use after the specified date, then the payment for the previous period cannot be collected. Also, if the agreement does not stipulate that it concerns actual relations before its conclusion, leasing payments can be collected only from the moment of its signing.

Return of leased property

If, according to the contract, the property must be returned within a specified period after the expiration of the agreement, then in order to terminate the contract early, it is necessary to notify the tenant in advance. Otherwise, by a court decision, the contract may be renewed for an indefinite period.

In the absence of conditions in the contract regarding the condition of the property being returned, the tenant must return it in the same condition in which he received it.

Please indicate whether the rent amount includes VAT.

If the contract does not mention VAT, the court may consider that the tax is already included in the amount of payments, which means that the tenant does not have to pay VAT at the request of the landlord.

Specify in the contract whether the rent amount will change if the landlord switches to a simplified taxation regime (the VAT amount is deducted from the rent). Otherwise, the rent amount will remain the same.
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