Before the transaction the lessor and the lessee should submit to each other their legal documents. The tenant must check them and make sure that the landlord has the full right to conclude a lease that he is the owner of the space or can rent it further. It must also give the tenant evidence of ownership or right to lease, as well as documents BTI: cadastral or technical passport, which is the explication or floor plan showing the premises for lease. In addition, he will be requested to submit the contract of sale or the initial lease agreement concluded with the owner of the space.
In the case where the lessor is not the owner, and the tenant is a sublease (paragraph 2 of article 615 of the civil code). The Sublessee is required to check that the initial lease was written the right of the lessee to enter into sublease. And please note that the deadline for the contract of sublease shall not exceed the period for which the signed initial contract.
If the landlord is a legal entity, it must also submit an extract from the unified state register and if the physical passport. In the case where the tenant or the landlord are legal persons, they must present to each other constituent documents, and if they act on behalf of the organization – a notarized power of attorney to such deals.
At the conclusion of the lease, in accordance with paragraph 1 of article 655 of the civil code, it is necessary to make the act of reception-transmission, which will allow the expiration of the contract or its termination to avoid disputes about the safety of the premises. In this act reflect the actual detail technical condition of the property.
In the case where the lease is for a term of more than one year, it shall be subject to obligatory registration in territorial body of Federal registration service at the place of location of the property. The registration statement will need to attach a copy of lease, title and identification documents for real estate, founding documents and a power of attorney confirming powers of the lessor and lessee, and receipt of payment of state duty.
In accordance with paragraph 2 of article 295 of the Civil code, when the certificate of lease provided that the landlord uses the property in the economic management, keep in mind - he has no right to take this property to rent.