What Documents Are Needed To Conclude A Lease Agreement

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What Documents Are Needed To Conclude A Lease Agreement
What Documents Are Needed To Conclude A Lease Agreement

Video: What Documents Are Needed To Conclude A Lease Agreement

Video: What Documents Are Needed To Conclude A Lease Agreement
Video: Understanding Leases and Rental Agreements 2024, March
Anonim

A lease agreement is concluded between the parties in the event that at least one of them is a legal entity. For most entrepreneurs, this is a standard type of transaction, since they often have to lease premises for office or production facilities. To avoid the danger of termination of this agreement ahead of time, it is necessary not only to correctly draw up it, but to collect and check all the documents of the lessor.

What documents are needed to conclude a lease agreement
What documents are needed to conclude a lease agreement

Instructions

Step 1

Before entering into a transaction, the landlord and the tenant must present their title documents to each other. The tenant needs to check them and make sure that the landlord has the full right to conclude a lease agreement, that he is the owner of this premises or can sublease it. He must also provide the tenant with a certificate of ownership or lease, as well as BTI documents: a technical or cadastral passport, which contains an explication or a floor plan on which the premises provided for rent are marked. In addition, he will be required to present a purchase and sale agreement or a primary lease agreement concluded with the owner of this premises.

Step 2

In the case when the lessor is not the owner, but the lessee, a sublease agreement is concluded (clause 2 of article 615 of the Civil Code of the Russian Federation). The subleasers need to check that the tenant's right to enter into sublease agreements is spelled out in the primary lease agreement. And please note that the expiration date of the sublease agreement should not exceed the period for which the primary agreement was concluded.

Step 3

If the lessor is a legal entity, he must also submit an extract from the USRR, and if an individual - a passport. In the event that the lessee or the lessor are legal entities, they must present to each other the constituent documents, and if they act on behalf of the organization - notarized powers of attorney for the right to carry out such transactions.

Step 4

When concluding a lease agreement, in accordance with paragraph 1 of Art. 655 of the Civil Code of the Russian Federation, it is imperative to draw up an act of acceptance and transfer, which will allow, upon the expiration of the contract or its termination, to avoid disputes about the safety of the premises. This act reflects in detail the real technical condition of the property.

Step 5

In the event that a lease agreement is concluded for a period of more than one year, it is subject to mandatory registration with the territorial agency of Rosreestr at the location of the property. The registration application will need to attach a copy of the lease agreement, title and title documents for the property, statutory documents and powers of attorney confirming the powers of the lessor and tenant, as well as a receipt for payment of the state duty.

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