A garage lease agreement is a special case of a civil law transaction, the object of which is non-residential premises transferred by the lessor to the lessee for a certain period of time. Therefore, such an agreement is subject to the norms established by Chapter 34 of the Civil Code of the Russian Federation concerning the general procedure for regulating the lease of property.
The purpose of the non-residential premises being leased out - the garage - must be indicated without fail in the text of the contract. The lease object is an essential condition, without which the transaction can be declared null and void. Its detailed description should be given in the text of the treaty itself or in an annex to it. The contract can be concluded in a simple written form and does not require notarization. But in the case when the lease term specified in the agreement exceeds 1 year, or when it is not indicated at all, such an agreement is subject to state registration.
Before concluding the contract, the lessor is obliged to provide the tenant with all documents confirming his right to dispose of the garage. This can be a certificate of ownership or a lease agreement, in which the possibility of transferring the garage to sublease must be prescribed. In addition, the lessor must be required to provide documents confirming his authority to conclude such transactions - a citizen's passport, a power of attorney giving the right to act on behalf of an individual or legal entity, certified by a notary, if he acts on a representative office.
An important document, from the signing of which a garage lease agreement, concluded for a period of less than 1 year, actually comes into force, is the garage acceptance certificate. It is necessary to describe in as much detail the technical condition of the premises as possible and give its quantitative and qualitative characteristics. The landlord must also present receipts for utility bills so that the tenant does not later have to pay the debt for them.
When the term of the garage lease is more than 1 year, in accordance with Art. 671-688 of the Civil Code of the Russian Federation, for state registration of the transaction to the territorial body of Rosreestr, it will be necessary to submit an application for registration, a garage rental agreement in 3 copies, identity cards of the tenant and the lessor, a power of attorney, if one of them acts on a representative office. In addition, you will need to attach an act of acceptance and transfer of the garage premises, its cadastral passport and a payment document confirming that the state fee for registering the transaction has been paid.