Contrato de alquiler local comercial peru 2019
Contrato de alquiler local comercial peru 2019
Commercial properties gibraltar.
Modelo de Contrato de Alquiler de Local Comercial Entre Don [Arrendador] con D.N.I. N.º [ID] y domicilio en la provincia de Lima, y Don [Inquilino] con D.N.I. N.º [ID] y domicilio en la calle [Street], provincia de Lima, se celebra el presente Contrato de Alquiler del Local Comercial. Primero: El arrendador es propietario del inmueble ubicado en la provincia de Lima, con un área de [Area] metros cuadrados. Da en alquiler al inquilino por un plazo de [Tiempo] contando desde el [Fecha]. Segundo: La renta pactada es de [Rent]. Tercero: El local está destinado exclusivamente a usos comerciales y no se permite empleo o fin diferente. Cuarto: El inquilino declara recibir el local en buen estado de conservación, con servicios de agua bebible, desagüe, energía eléctrica y servicios higiénicos. Está obligado a preservarlos en buen estado salvo el desgaste natural por empleo normal. Quinto: Son de cuenta del inquilino el pago de impuestos, arbitrios municipales, servicios de agua, luz y reparaciones de estos servicios, así como la gestión y abono de la licencia de funcionamiento de su negocio. Sexto: El inquilino no puede subarrendar o traspasar el contrato sin permiso y autorización por escrito del arrendador. Séptimo: No se permite la introducción de substancias inflamatorias, equipos que pongan en riesgo la propiedad ni cambios o modificaciones en el local sin permiso y autorización por escrito del arrendador. Local rental terms and conditions: 1. The local shall be rented to authorized individuals as needed. 2. If no specific agreement is established, the parties will be governed by the Code of Civil Procedure regarding this matter, submitting themselves to the jurisdiction of judges and tribunals in Lima, renouncing any special privileges they may have. 3. Any breach of the terms and conditions shall automatically terminate this contract, allowing the landlord to exercise their rights as provided by law. 4. Upon signing this agreement, the tenant will pay the landlord a sum of for advance rent for 2 (two) months. The guarantee will be returned at the end of the
contract term or used as payment for pending rentals. 5. A door will be installed on the window site, and the tenant will have access to the front area for employment and maintenance purposes. 6. Rent payments will be made in advance from Lima, starting from .................., until .................., with any necessary adjustments. 7. The Commercial Lease Agreement is a contract or agreement between the landlord (who owns the property) and the tenant (who wants to use the property) for a fixed period of time in exchange for rent payments, allowing the tenant to develop their economic activities as outlined in the agreement. 8. Please note that the tenant must obtain any necessary permits or licenses required by the Municipality where the property is located for their commercial activity. Types of Lease Agreements: 1. Residential Lease Agreement: This type of lease is for residential purposes only, allowing a single person or multiple people to occupy the property and perform daily activities. 2. Commercial Lease Agreement: This type of lease is for commercial purposes only, allowing businesses to use the property for office space, storefronts, or other commercial uses. However, no individuals shall reside within the property. 3. Furniture Lease Agreement: This type of lease involves renting 1 or more objects in exchange for their use, with the tenant paying rent to the landlord. Renta establecida: Is It Mandatory to Sign a Commercial Lease Agreement? Although it's not mandatory to sign a Commercial Lease Agreement for the agreement to be valid, it's necessary and important to ensure that the landlord is the property owner and the tenant cannot claim to have had possession of the property without paying rent (through a judicial process of prescription acquisition of domain). What does the notarial eviction procedure mean in a Commercial Lease Agreement? Since 2019, there has been a procedure that can be followed if the tenant fails to comply with the main obligations of the lease (such as paying rent or using the property for purposes other than residential), forcing the tenant to leave the premises (eviction). This can be done with the help of a Notary, who will decide whether the conditions are met to force the tenant to abandon the property that will be useful in the corresponding Peace Court. For this process, it's necessary for the contract to be registered in Public Writing, which is a type of document with notarial character. That means it must be checked and certified by an accredited Notary in Peru. What does a guarantee mean in a Commercial Lease Agreement? The guarantee is the money that the tenant gives to the landlord at the beginning of the contract. This is optional but very common. Usually, it's equivalent to 1 or 2 months' rent that will be returned at the end of the lease if the tenant has kept the premises and/or property intact. What is not allowed in a Commercial Lease Agreement? It's not allowed to live in the property that has been leased for commercial or administrative purposes, since this would contravene the nature of the contract and if you seek to give it residential use, a Residential Lease Agreement must be signed. It's not allowed to establish measures or restrictions on access to the commercial property that are discriminatory, based on physical appearance, race, sex, religion, sexual orientation, or other factors. What are the prior requirements for a Commercial Lease Agreement? To sign a Commercial Lease Agreement, the landlord must be the property owner or have faculties over it, and both (landlord and tenant) must define the conditions under which they will celebrate the contract, that is, whether interests, guarantees, and/or penalties will be agreed upon. Who can sign a Commercial Lease Agreement? Any adult aged 18 years or older whose capacity to sign contracts has not been restricted can sign a Commercial Lease Agreement. When the signer is over 75 years old, usually requires accompanying a doctor's certificate, this is not a legal requirement but rather a common practice to avoid controversy over whether the elderly adult can understand or not the document they have signed. How long can a Commercial Lease Agreement last? In Peru, commercial leases can have different durations. A commercial lease agreement must have a specific duration, either fixed with an end date not exceeding 10 years or indefinite without a set end date. The periodicity is understood based on the payment schedule for rent. Contracts of fixed duration can be agreed upon in mandatory and voluntary periods. Mandatory periods are the contractually-agreed-upon timeframe, often with penalties for early termination as the landlord aims to lease the property for the entire term. Voluntary periods are optional extensions that can be agreed upon by both parties after the mandatory period has expired. To formalize the agreement, the contract must be signed in two original copies by both parties, with each party retaining a signed copy. If additional security is desired, three original copies can be signed to facilitate registration before a notary public for future inscription at the National Registry Office (SUNARP). The following documents should be attached to the commercial lease agreement: a list of moveable assets in the property, which forms an integral part of the contract; and an Acta de Entrega document describing the property's condition upon delivery. It is not mandatory to elevate the contract to public writing before a notary public for it to be valid. However, if greater security is desired regarding the duration of the agreement, it is suggested that the contract be signed before a notary, elevated to public writing, and registered at SUNARP. Note: To register a contract with SUNARP, it must first be elevated to public writing by a notary. Due to the nature of this type of lease, which often involves modifications to the property and/or requesting municipal authorizations for operations in that location, it is common practice to register the agreement with SUNARP as the consequences of non-compliance could be severe. It is not necessary to register the commercial lease agreement. The validity of the contract is crucial. However, it's recommended that you register the contract with the National Superintendent of Public Records (SUNARP), as this will ensure that if the landlord sells the property to someone else, the new owner will be bound by the pre-existing rental agreement and would need to compensate the affected tenant if they choose to terminate the contract. Due to the nature of this type of contract, which often involves modifications to the property or requesting municipal authorizations for operations in that direction, it's common practice to register this type of contract to avoid potential harm. What are the costs involved in terminating a Commercial Rental Agreement? The costs associated with notarization (when you decide to elevate the contract to a Public Deed) will depend on the Notary you've chosen for the drafting and the registration fees (when you opt for the registration of the contract). What should a Commercial Rental Agreement contain? To use this document effectively, it's essential to include the following information: * Identification data of the landlord: DNI, Carné de Extranjería or Passport of the individual(s) or entity that is the property owner and will rent it out in exchange for payment. * Identification data of the tenant: DNI, Carné de Extranjería or Passport of the individual(s) or entity that will rent the property from the landlord. * Description of the property being rented: Precise location and characteristics of the property being rented, as well as the registration number where it's located. * Guaranty for the rental agreement: If applicable, specify the amount of money that will be provided as a guarantee. * Penalties for non-compliance with the Commercial Rental Agreement: If applicable, specify the monetary sanctions that the landlord or tenant must pay in case of breach of contract (delayed payment of rent, etc.). * License or permit to operate: If applicable, the obligation to comply with administrative or legal requirements to conduct commercial activity in the property. Steps for drafting a commercial property lease agreement: Information about the parties: * Identify the landlord and tenant, providing personal data, identification number, address, and other relevant details. Description of the property: * Provide a detailed description of the commercial property to be leased, including its location, dimensions, layout, and features. Exclusive use: * Specify that the property will be used exclusively for commercial purposes, detailing any additional restrictions or limitations. Contract duration: * Indicate the term of the lease agreement, including the start date and end date. Clearly establish when the tenant must return the property at the contract's expiration. Rent payment: * Specify the monthly rent amount and payment method, as well as any other financial obligations, such as utility bills and public services charges. Security deposit: * Indicate whether a security deposit is required and specify the corresponding amount. Clarify how and when the deposit will be returned upon contract expiration. Maintenance and improvements: * Establish the responsibilities of the landlord and tenant regarding property maintenance and any improvements made during the lease term. Subleasing and assignment: * Define if subletting the property or assigning the contract's rights to third parties is allowed and under what conditions. Neighborhood rules: * Include clauses requiring the tenant to behave respectfully and avoid causing disturbances to neighbors. Visits and supervision: * Establish the landlord's right to visit and supervise the property during the lease term, provided with prior notice. Penalties for non-compliance: * Specify penalties that will be applied in case of contract breach by the tenant, such as additional payments or legal actions. Conflict resolution: * Establish that any conflicts arising from the contract will be resolved through arbitration, according to the rules of the Lima Chamber of Commerce's Arbitration Center. This document constitutes the lease agreement between: * On one side, , identified with R.U.C. Nº , residing at
(hereinafter referred to as "THE LANDLORD"); and * On the other side, , identified with R.U.C. Nº , residing at (hereinafter referred to as "THE TENANT"), duly represented by their General Manager, señor
, identified with D.N.I. Nº **LEASE AGREEMENT** The lessor (ARRENDADOR) hereby leases to the lessee (ARRENDATARIO) the property described in the previous clause, for exclusive use as a commercial premises. The lease includes unlimited use of the frontal parking lot and
the upper frontage space on the facade, between the first and second floors, for the purpose of displaying signs or advertisements. **TERM** The lease term is [insert number] years, commencing on January 1st, 202[insert year], and ending indefinitely within two years thereafter. At that time, the lessee will return the property to the lessor in the same condition as received, except for normal wear and tear. **Rental** The monthly rent is USD [insert amount] (and 00/100 US Dollars), payable in advance against presentation of the corresponding SUNAT invoice. The first payment will be made upon signing this agreement, and the lessor hereby acknowledges receipt to their satisfaction, delivering a rental receipt to the lessee. **Security Deposit** The lessee delivers and the lessor receives a security deposit of USD [insert amount] (and 00/100 US Dollars), as a guarantee against any damage caused by the lessee. This guarantee will cover any justified damage up to the full value of the deposit, if necessary and sustained. Upon returning the property in the same condition as received, the guarantee will be refunded upon termination of the lease, provided a key is delivered. **Property Condition** The lessee declares receipt of the property in perfect condition; committing to return it in the same state, except for normal wear and tear. Any damage caused by the lessee will result in loss of the guarantee. Furthermore, any improvements made to the property must be authorized by the lessor. The lessee will bear all costs incurred in such improvements. **Subleasing** The lessee is prohibited from subleasing the property or assigning their rights under this agreement without written authorization from the lessor. Failure to comply with this provision will entitle the lessor to terminate this lease. **Utilities** The lessee will cover their own service charges. EL ARRENDADOR y el ARRENDATARIO deben cumplir con ciertas obligaciones, como la presentación de comprobantes cada mes. Antes de suscribir el contrato, EL ARRENDADOR debe demostrar que ha cumplido con estas obligaciones hasta la fecha de suscripción. Además, EL ARRENDATOR debe mantener las normas de convivencia, respeto y consideración con los vecinos, evitando causar molestias. EL ARRENDADOR puede visitar el inmueble para verificar su estado y uso previo a una anticipación de 48 horas. En caso de que EL ARRENDATARIO no desocupe el inmueble al vencer el plazo del contrato, se obliga a pagar una penalidad diaria hasta la entrega del inmueble. EL ARRENDADOR se compromete a facilitar los permisos y licencias necesarias para el funcionamiento normal de las oficinas. Cualquier litigio o controversia relacionado con este contrato será resuelto mediante arbitraje, según los Reglamentos Arbitrales del Centro de Arbitraje de la Cámara de Comercio de Lima. Ambas partes aceptan las condiciones antedichas y lo suscriben por duplicado en la fecha. Lima, de de 202