Distinctive feature of such form of civil relationship as rent, is restriction of the property right to its object regarding use. That is, the tenant for certain sum acquires this right only for some certain term stipulated by the contract. In certain cases the lease agreement needs to be registered in bodies of the Federal Registration Service.
1. At execution of the lease agreement the one who has from the owner of power on the conclusion of similar transactions can act as the lessor as the owner of object, and. It can be the tenant signing the contract of sublease. But for this purpose it is necessary that the right of the lessor for transfer of real estate object to sublease has been stated in primary lease agreement with the owner.
2. As on behalf of the lessor any legal or natural person having legal capacity when signing the contract can act to the tenant it is necessary to make sure that this right is really had. Therefore the lessor has to show all documents which confirm it: the certificate on the property right to this real estate object, and in case of sublease – the certificate on the right of rent or the lease agreement signed with the owner to whom the copy of the right certifying document issued addressed to the owner is attached. It is possible to verify authenticity of such document, having made the corresponding request in the bodies of the Federal Registration Service entering data on all real estate objects in the Unified State Register of Rights on the real estate and transactions (EGRP) with it.
3. When signing the contract rent on the room, the lessor has to provide cadastral and technical data sheet on object in which the size of the areas leased is specified. It will also need to show the documents confirming signing of the contracts on service with asset holders of engineering and municipal networks in which the order and terms of payment for utilities are stipulated. Signing the lease agreement on the room, it is necessary to make the inventory of the transferred property in which it is detailed to describe its technical condition.
4. When period of validity of the lease agreement exceeds 1 calendar year, it, according to Articles 609 and 652 of the Civil Code of the Russian Federation, it is necessary to register in EGRP. For registration address to Territorial Office of the Federal Registration Service in the location of real estate object and submit the following documents: - statement of the tenant for the state registration of the transaction; - original of the lease agreement in triplicate; - cadastral plan of the room or parcel; - copies of the certificate of registration of the legal entity or passport of the natural person; certified notarially; - the copy of the payment document confirming payment of the state fee. For legal entities - participants of the transaction in addition it will be required to provide copies of constituent documents of the organization, minutes of general meeting or the decision on assignment of the head; certificate of bodies of statistical accounting of assignment of codes.