A correctly drawn up short-term apartment rental agreement is legally binding even without certification by a notary. This is a simple civil contract between two persons, which is drawn up for up to 5 years.
In article 674 of the Civil Code of the Russian Federation, which speaks about the form of the rental agreement for residential premises, not a word is said about notarization of the rental agreement. The first paragraph of the article states that a lease agreement is concluded in writing, the second paragraph says that an agreement drawn up for a period of more than a year is subject to mandatory registration of rights to real estate, but only if it is a lease agreement. Art. 164, clause 1 of the Civil Code of the Russian Federation. Residential premises are rented only to a legal entity. Housing is rented to an individual. And even if these concepts are confused in the contract, it can be considered invalid. Therefore, to draw up a contract, it is better to contact a lawyer.
Which contract is subject to mandatory notary certification
Article 163 of the Civil Code of the Russian Federation. There are certain conditions under which the registration of an agreement with a notary is mandatory, regardless of the will of the parties.
- If an apartment owned by a minor is rented out, the contract must be registered with a notary. The contract is signed between the legal representative of the minor and the tenant.
- If the rental property is owned by an incapacitated person. The contract is signed between the legal representative of the incapacitated person and the tenant.
- If the apartment is a joint property, the contract is also subject to mandatory registration with a notary. The transaction is concluded by one of the spouses with the written consent of the second spouse.
Why do you need to certify the contract with a notary
This procedure, as mentioned above, is completely optional. A correctly drawn up contract signed by both parties has legal force. But, notarization of the contract gives you an advantage if:
- One of the parties has forged documents;
- The landlord decides to illegally evict the tenant, or sell the dwelling;
- The tenant will damage the property remaining in the apartment;
- The contract concluded in the presence of a notary guarantees the sanity of both parties at the time of the conclusion of the contract.