Do I need to register a lease
Do I need to register a lease
The lease of real estate refers to those typescontracts, which were always governed by legislation to the greatest extent. This is due to the great importance attached to these documents regarding the activities of economic entities.
Leaders of organizations have a lotissues related to the need for state registration of the lease. It should be noted that the lease can be concluded for a certain period, which is agreed by the parties, and for an indefinite period. The lease contract for non-residential premises, concluded for a period of less than 1 year, is not necessary to register. Non-residential premises are part of a building or structure. The lease agreement of the latter is subject to state registration only if it is concluded for a period of more than 1 year in accordance with the norms of civil law. In some cases, the lease is concluded for a period of less than 1 year, for example 11 months, and then extended for the same period. In this case, it is necessary to refer to the Information letter of the Presidium of the Supreme Arbitration Court of 16.02.2001. It contains instructions that the lease contract concluded for a period of less than 1 year should be considered 4 expired on the day of its termination. If at that moment a new agreement is concluded for the same period, then the relations of the parties will be regulated by the newly concluded contract, which means that this document is not subject to state registration. So, in the lease agreement, a temporary certainty (less than or more than 1 year) can be stipulated. But sometimes the contract is concluded for an indefinite period, i.е. time certainty is not. In this case, in accordance with the Civil Code, if the lease term in the contract is not specified, it is considered concluded for an indefinite period. At the same time, either party has the right to refuse contractual relations, having warned the other party about it for a month, and when renting real estate - for three months. The legislation does not contain any information on the registration of an indefinite lease. However, the Information letter of the Supreme Arbitration Court informs that the contract is subject to state registration only if it is concluded for a certain period. Otherwise, registration of the contract is not required.
