Sublease - temporary assignment of the rights of tenants to lease their property or part thereof. Sub-lessee assumes the rights and obligations stipulated in the initial contract of lease.
This is a good way for a tenant to reduce their costs of rent, if any part of the leased property is not used to them.
Sublease - quite formal form of civil legal relations regulated by the legislation in force.
Features of sublease contract relationship
According to the agreement concluded between the tenant andsubtenant, first undertakes to hand over the property for a specified period, which is located in his lease, in accordance with the contract between him and the landlord. In this case the landlord is required a party to the civil law of the transaction - it can be invalidated without his consent.
Decorated consent may be eitheradditional agreement to the lease contract, in the form of a certified letter or a report of the joint meeting. It can also be arranged in advance in the primary lease agreement as the tenant the right to the temporary transfer of the property for sublease.
Sublease shall not relieve the tenant from thoseobligations which he is liable to the landlord in accordance with the lease agreement. This rate is set by law in paragraph 2 of Article 615 of the Civil Code and can not be changed or canceled leases or subleases.
Sublease Agreement can not be concluded for a period,exceeding the action of the primary lease. In that case, when the term of the lease is not defined, the contract for subletting may also be made on the same subject. There is another important point for sublease tenant may not transfer more rights to the sub-leaser of possession and use of property than is their own. Note that, like all treaties relating to the real estate sublease agreement, the validity of which exceeds 1 year, it must be compulsorily registered in the territorial authority Rosreestra.
What you need to register on the sublease agreement
That in accordance with the lawregister the transaction, you will have to pay the state fee and make a payment document confirming the payment, to the documents submitted for registration. The package of documents should include:
- Documents certifying the identity of the participants of the transaction - the tenant and subarendatora-
- Documents of title to the transferredsublet the property - a lease and sublease itself, which is provided in the form of scripts in an amount of not less than 2 ekzemplyara-
- Documents on the property, sublet: cadastral and technical passports and other documents containing a description of the object of the lease.
Before signing the deal specify a complete list of documents required in the territorial authority Rosreestra.