Tobaksgården 3
108 Stryiska StreetEvery country has its own special regulation of rental agreement. Ukraine is not an exception. Rental agreement is regulated by civil code and commerce code of Ukraine. Also, court practice has influence on contractual arrangements. Here is an article where you can find everything you need to know about rental agreement in Ukraine.
Essential conditions of rental agreement in Ukraine is object of rent, term of agreement, rental price, amortization. In case of essential conditions are not provided in the agreement such document can be invalidated.
Also, agreement can consist of additional regulation
which don’t break the law. Additionally, you can regulate sanction, rights and
duties of parties, possibilities of hire-purchase, possibilities of sublease,
special conditions about terminations of the contract etc.
You can rent objects directly from the owner or be a
subtenant (only in cases if such provided by main rental agreement).
Terms of the agreement is settled by the parties. You
should know, that rental agreements on more than 3 years must be notarized.
Also, rental contracts can not be termless. According to Law “On rent a land
parcel” maximum term of renting the land parcel is 50 years. In case of renting
premises, parties usually use the same maximum term.
The most uncommon thing for foreigners is transfer and
acceptance act. This document should be in each rental deal. It sets up that
premise was given from owner to tenant. You should know, that signed rent agreement
doesn’t prove the fact that the premises were
transferred, only transfer and acceptance act.
You should take care about clause of the agreement which
regulates repairing of the premise. If it is not stated in the agreement, it
means that owner should make major repairs, but you as a tenant should make ongoing
repairs.
If you are planning to make rental business and take
main building in rent as well, then pay attention to sublease provision in your
main rental agreement. Without this provision you can not make a sublease
agreement with your potential clients.
In most cases, the owner, while start building a
premise, takes care about all safety processes as fire, electricity etc. For
instance, if you have some special kind of production, you should take care
about safety issues additionally. It may require special education for the stuff
or drafting special policy for employees.
Additionally. Please, keep in mind that if rental agreement
is signed between legal entities the written
form of agreement is obligatory. Also, as it was mentioned before, if term of
agreement is more than 3 years it should be notarized. In some cases, companies
sign an agreement on 2 years and 11 months to avoid notarizing process. Such
process can be avoided if you want to save money and time.
If you need to get further details, please read more
J&L articles.
Also, you may contact author of the articles, Lawyer
in J&L consulting Bogdan Yankiv
bly@j-l.com.ua.
