The real estate lease is one of the types of contracts that have always been most regulated by law. This is due to the great importance attached to these documents regarding the activities of economic entities.
The heads of organizations have many questions regarding the need for state registration of a lease agreement. It should be noted that a lease agreement can be concluded for a certain period, which is negotiated by the parties, and for an indefinite period. A lease agreement for non-residential premises concluded for a period of less than 1 year does not need to be registered. Non-residential premises are part of a building or structure. The lease agreement of the latter is subject to state registration only if it is concluded for a period of more than 1 year in accordance with the norms of civil legislation.
In some cases, the lease is concluded for a period of less than 1 year, for example, 11 months, and then renewed for the same period. In this case, it is necessary to refer to the Information Letter of the Presidium of the Supreme Arbitration Court dated February 16, 2001. It contains instructions that a lease agreement concluded for a period of less than 1 year should be considered4 invalid on the day of its termination. If at this moment a new agreement is concluded for the same period, then the relations of the parties will be governed by the newly concluded agreement, which means that this document is not subject to state registration.
So, in the lease agreement, a temporary certainty (less than or more than 1 year) can be specified. But sometimes the contract is concluded for an indefinite period, i.e. there is no temporal definiteness. In this case, in accordance with the Civil Code, if the lease term is not specified in the contract, it is considered concluded for an indefinite period. At the same time, either party has the right to withdraw from the contractual relationship by notifying the other party about this one month in advance, and when renting real estate - three months in advance. The legislation does not contain any information on the registration of an open-ended lease agreement. However, the Information Letter of the Supreme Arbitration Court informs that the contract is subject to state registration only if it is concluded for a certain period. Otherwise, the registration of the contract is not required.
