Renting is always exciting, especially if you decided to rent an apartment for the first time. Eyes widen with options, and wallet tightens at one glance at the prices. For the owner real estate rental is no less disturbing, because every time he puts his square meters at risk, trusting them to ordinary strangers. A reliable way to appease both parties is to negotiate lease agreement. And if you want to make it an even more reliable guarantor of security, you should think about notarization. Today we will learn in which cases it is worth involving a notary and how to prepare for signing a document at a new legal level.
Why notarize a lease agreement?
Most of our clients come to THE Capital for the first time with the misconception that a simple written lease has no force and is nothing more than a piece of paper. Actually, according to the first part Article 811 of the Civil Code of Ukraine (CCU), the lease agreement must be concluded in a simple written form, as there is no urgent need to notarize it. Ukrainian legislation clearly formulates the postulate that even without the additional intervention of specialists, this contract still has legal force, and therefore can be used even in court in the event of disputes that cannot be resolved peacefully.
Regarding the notarization, it is not mandatory, but it can be done at the request of one of the parties, as specified in Part 4 of Article 209 of the CCU. There are also some cases when this procedure really cannot be dispensed with. In particular, this applies to those situations when it comes to:
- lease, the term of which exceeds 3 years (Article 793 of the Civil Code);
- lease with right of redemption(clause 2 of Article 811 of the Civil Code).
Such long-term relationships require greater guarantees, so the services of a notary will be quite appropriate.
Rules of notarization of the lease agreement
For correct notarization, both parties to the contract must meet certain requirements.
Requirements for the lessor:
- the rental object (apartment, house, commercial real estate, etc.) must be registered in state real estate register;
- in the event that the owner plans to sell his real estate, the tenant has a priority right to purchase it. A written waiver of the tenant's preemptive right to purchase will have to be obtained before considering other candidates;
- if the owner of square meters acts as a sole proprietorship, his type of activity must be registered in the Unified State Register (UDR);
- if the owner of the object is married, the notarized consent of the second spouse must be provided.
Requirements for the tenant:
- the tenant assumes responsibility for the property, and in particular assumes the risk of its damage or accidental loss;
- if the tenant is married, it is also necessary to provide the notarized consent of the second spouse.
The concept of "force majeure" is defined as a separate clause in the contract. We advise you to dwell on it in more detail and clearly write down all the nuances in order to avoid controversial situations and misunderstandings.
