The term of the lease and its procedure for concluding

In the article we consider the term of the lease.

Lease (from the Latin arrendare, which translates as "give something for rent") is, first of all, the format of the property contract, in which the property is transferred into possession for a fee. Next, we will talk in detail about this form of civil relations.

Lease term

There are several options. Such an agreement may be concluded by the parties:

For undefined period.
For the time specified by the document, but less than one year.
For the period specified by the agreement, as a rule, a year or more.

Indefinite term

Consider first the situation when an lease for an indefinite period is concluded.

According to article No. 610 of the Civil Code, if the time periods for the lease are not indicated in the document, the contract is considered concluded for an indefinite period. In this case, each party has the right at any time to abandon the relevant legal relations, warning the opponent about this for three months. It is worth noting that the lease agreement, which was concluded for an indefinite period, is not subject to state registration (despite the fact that the actual period of validity may exceed twelve months).

Less than a year

What can be the duration of the lease?

A lease agreement that was concluded for a period of less than a year is not subject to state registration.

Year and more

An agreement that has been drawn up for twelve months or more is subject to state registration. He is considered a prisoner from her moment. We talked about the terms of the lease.

Lease agreement and procedure for its conclusion

The conclusion of such a document can be divided into certain stages:

Exchange of title documents.
Stage of analysis of the submitted papers.
The implementation of the coordination of conditions.
The conclusion of the contract itself.
Registration of the transfer of the leased object.
Registration of lease rights with the Fed (subject to the conclusion of a long-term agreement).

It is worth noting that if a lease is concluded for a period of less than a year (that is, short-term), as a rule, it does not require registration with the Fed.

Documentation

In the framework of the exchange of legal and statutory documents by the parties, the owner must be requested:

Certificate of ownership of the object. We are talking about BTI documents (floor plan, explication, extract from the technical passport in the form of "1A").
Title documents (sales contract and so on).
Extract from the Unified State Register (to date).
If there are any restrictions (lease agreement, pledges, etc.), it is advisable to request copies of the papers on the basis of which an encumbrance is established.

Both sides provide each other:

A copy of the constituent securities of a legal entity (Charter, agreement, PSRN and so on).
Documentation confirming the credentials of the negotiators and sign the agreement.

In the case of a transaction by individuals, this stage is usually limited to the provision of an identity document (that is, a passport is needed).

Lease expiration

It is worth noting that the expiration of the lease agreement does not terminate the contractual obligations of the parties. It is noted that if the tenant continues to use the property after the expiration of the paper, provided that there is no objection from the owner, the contract is considered to be renewed under the same conditions, but for an indefinite period.

Is it possible to extend the lease of a land plot? About it further.

Renewal

Such manipulation is possible for a certain period or for an indefinite period on the basis of agreement of the parties. The easiest form for a lease extension is considered the renewal of the document on the same grounds by law. For this, the following two conditions must be met simultaneously:

The tenant continues to use the property after the expiration of the paper.
There are no objections from the owner.

In this case, the agreement is considered renewed on the same terms, for an indefinite period of time by virtue of legislation. In this case, no additional documents will be required. It is worth considering an important condition. According to article No. 610 of the Civil Code, if the terms of the lease agreement were not determined by the source paper, then it is considered concluded for a floating time period.

Legislation requires that the lease of any property for a period of more than one year be registered with the relevant state authorities. Only then will they consider him a prisoner. True, in the event that the lease was originally agreed for a period of less than twelve months, a state registration will not be required for a prolonged agreement.

What else involves the extension of the lease? It should be remembered that both the tenant and the owner at any time have the right to terminate the document extended and signed for an indefinite period on their own initiative. To do this, one of the parties in three months must warn the second about it, unless otherwise provided by agreement.

Registration

What is the deadline for registering a lease? Documents for these purposes are submitted to the territorial office of Rosreestr (that is, to the Federal State Registration, Cartography and Cadastre Service) according to the list established by the Federal Law titled “On State Registration of Rights to Real Estate and Transactions with It”.

In the event that the registrar has any doubts about the authenticity, and in addition, the reliability of the specified information or in the presence of grounds for registration, he is entitled to suspend the registration of the lease agreement for non-residential premises or other real estate for a period of not more than one month. The state duty for registering a document for citizens is taken in the amount of two thousand rubles. As for organizations, for them it is twenty-two thousand. At the same time provide:

In the event that a legal entity is a party to the agreement, constituent documentation is needed along with a copy of the state registration certificate, tax registration, as well as a protocol on empowering citizens who signed a power of attorney.
If copies of these securities have already been submitted to the register, then instead of them you can submit an extract from the register, which should be no older than one month, indicating the absence of any changes.
Citizens require an identity document.
In the event that a different person represents the interests in the registry, a power of attorney is required to register the lease agreement, which is notarized.
The lease agreement in an amount equal to the number of parties, and another original that remains in business.
The act of acceptance of the leased property in the event that it is an integral part of the agreement.
Payment order confirming payment of the lease fee registration fee.
An application for registration, which may be submitted by one of the parties to the contract.
Depending on specific cases, additional documents must be submitted to the registration authorities.

Lease agreement and its features

As a general rule, such a paper is concluded in writing if the terms of the agreement exceed one year or, at least on one side, a legal entity takes part in the transaction, regardless of the period. As for the content, usually in the lease documents include several of the following sections:

General provisions under which the elements standard for any agreement are listed: name along with number, date and place of conclusion. It is indicated who takes part in the transaction, including which persons represent the parties to the agreement and on the basis of what documentation.
Thing. Here it is required to clearly define what is the subject of the transaction. All the characteristics of the object necessary for its identification are listed. For example, the address of the building that is being leased, the characteristics of the car and the like. Also in this section it is written whether the property is transferred to temporary possession or to use.
Indication of the rights and obligations of the parties. In particular, they write that the tenant must pay the property and return it in time in good condition.
Clause on rent and mutual settlements. Here it is determined how much, and also according to what scheme the tenant will pay. Including at what point can the duty be considered fulfilled. Often this is linked to the moment the funds arrive at the owner’s account. But it will be more convenient for the lessee to insist on the condition that the obligation is required to be considered fulfilled immediately at the time the funds are debited from his account.
Responsibility of the parties. As part of the preparation of this section, the condition on the penalty and other fines for violation of rental rules is entered into the contract. One party will certainly apply these measures if the other violates obligations. It is also worth writing here in which situations the violator is exempted from liability, for example, due to force majeure circumstances.
The term of the agreement with the terms of early termination. If the section on the term is not included in the contract, then the paper is considered concluded for an indefinite period.
Section on dispute resolution options. The complaint procedure is prescribed here, and in addition, the court is indicated, which must be addressed, if the conflict is not resolved differently.
The final part involves specifying the addresses and details of the parties along with the signatures of the responsible persons and their transcript, date of conclusion of the document and the seal (if any).

If necessary, other sections are included in the agreement.

Conclusion

Thus, under the agreement (and it is also customary to say “by agreement”) any property can be transferred. Such a document must necessarily contain a detailed description of the transferred object. If this requirement is not fulfilled in it, then it will be considered invalid (not concluded and inconsistent). The contract, which is executed for a period of more than one year, must be certified by the state registration service of the subject in whose territory the leased object is located.

We reviewed the duration of the lease.