When making a lease agreement as lessor may act as the owner of the object, and the one who has the owner authorized to enter into such transactions. It may be the tenant entering into the sublease. But this requires that in the primary lease agreement with the owner was stated right of the lessor to transfer the property in the sublease.
As on behalf of the landlord can be any natural or legal person having legal capacity, upon conclusion of the contract the tenant must make sure that the right really exists. Therefore, the lessor must submit all the documents that confirm this: the certificate on the property right to this property, and in the case of a sublet – the certificate for the right to lease or the lease agreement concluded with the owner, to which was appended a copy of the certifying document issued in the name of the owner. To check the authenticity of such document, upon request to the bodies of the Federal registration service, making information about all objects in the Unified state register of rights to real estate and transactions with it (EGRP).
At the conclusion of the lease premises, the landlord must provide the cadastral and technical passport of the object, which specifies the size of the space leased. It will also have to present documents confirming the conclusion of service contracts with asset holders of engineering and utility networks, which stipulated the procedure and terms of payment for utilities. Signing a lease for a room, you need to make an inventory of transferred assets in which to describe his condition.
In the case where the term of the lease exceeds 1 calendar year, it is, according to article 609 and 652 of the Civil code of the Russian Federation, should be registered in the unified state register. To register, contact the territorial Department of Rosreestr in the location of the property and submit the following documents:
- tenant's statement of the state registration of the transaction;
- the original lease agreement in 3 copies;
- cadastral plan of the premises or land;
- copies of the certificate on registration of the legal entity or passport of the physical person; notarially certified;
- a copy of the payment document confirming payment of the state fee.
For legal entities - parties to the transaction will also need to submit copies of the constituent documents of the company, minutes of the General meeting or the decision on appointment of the head; the reference of bodies of the statistical accounting about the assignment of codes.