What is a sublease

Sublease – a temporary assignment by the tenant to the leased property or a part of it. The sub-lessee gets the rights and obligations stipulated in the primary lease. This is a good way for the tenant to reduce their rental costs, if any part of the leased property is not used. Sublease – it is an official form of civil-law relations regulated by the current legislation.

Features sublease of the contractual relationship

Under the contract concluded between the lessee and the Sublessee, the first undertakes to pass on the agreed time property which is leased in accordance with the contract between him and the landlord. In this case the landlord is a mandatory party to this civil transactions without his consent it may be declared invalid.

Decorated this consent may be as a supplementary agreement to the lease, as certified by letter or Protocol of the joint meeting. It can also be negotiated in the primary lease agreement as the right of the tenant to the temporary transfer of the subleased property.

Sublease shall not relieve lessee from the obligations which he is liable to the lessor in accordance with the lease agreement. This rate is set by law in paragraph 2 of article 615 of the Civil code of the Russian Federation and cannot be changed or canceled lease or sublease.

The sublease agreement cannot be concluded for a period exceeding the action primary of the lease. In the case where the term of the lease is not determined, the contract for the sublease also may be concluded on the same condition. There is another important point, according to the sublease agreement, the lessee may not transfer the sub-tenant more rights for possession and use of property than is their own. Note that, as with all contracts relating to immovable property sublease contract, the validity of which exceeds 1 year must be registered in territorial body rosreestra.

What you need to register the agreement on the sublease

In accordance with the law to register the transaction, you will have to pay the state fee and attach the payment document confirming payment of, all documents submitted for registration. This package of documents should include:

- documents certifying the identity of the parties to the transaction – the lessee and the Sublessee;
- documents of title to transferred in the sublease property lease, and a sublease agreement is provided in the form of originals in the amount of not less than 2 copies;
- documents on the property transferred in the sublease: cadastral and technical passports and other documents containing the description of the object of lease relations.

Before registration of the transaction will Refine the full list of necessary documents to the territorial body rosreestra.

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