Is The Apartment Rental Agreement Legally Binding Without Notary Certification?

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Is The Apartment Rental Agreement Legally Binding Without Notary Certification?
Is The Apartment Rental Agreement Legally Binding Without Notary Certification?

Video: Is The Apartment Rental Agreement Legally Binding Without Notary Certification?

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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.

Lease agreement without notary certification
Lease agreement without notary certification

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.

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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.

  1. 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.
  2. 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.
  3. 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.

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