Deadline for the lease agreement. Indefinite term of the lease agreement how to register

The term of the contract (term of the contract) is the period of time during which the terms of the contract are valid and the obligations of the parties established by it are fulfilled (Articles 425, 610 of the Civil Code of the Russian Federation).

The lease term is the period of time during which the tenant has the right to use (or own and use) the property (Article 610 of the Civil Code of the Russian Federation).

Article 610 of the Civil Code of the Russian Federation does not separate the concepts of "term of a lease agreement" and "term of lease".

However, some courts directly indicate that these concepts are not identical and the indicated terms may not coincide.

The term of the lease and the term of the contract in practice, indeed, can coincide in time. For example, if the property is transferred to the tenant simultaneously with the conclusion of the lease agreement and returned with its termination, the lease term will be equal to the term of the agreement.

However, the starting times for these dates may vary. For example, if the property is transferred a few days after the signing of the contract by the parties, then the term of the contract will begin to run from the moment it is signed, and the lease term will begin to run from the moment the property is transferred. This situation is possible, since the lease agreement is recognized by most courts as consensual and, in accordance with paragraph 1 of Art. 425, paragraph 1 of Art. 433 of the Civil Code of the Russian Federation is considered concluded from the moment the acceptance is received by the person who sent the offer, in particular, from the moment the contract is signed by both parties.

Nevertheless, it should be borne in mind that in judicial practice there is a position according to which a lease agreement is recognized as concluded from the moment the property is transferred (clause 2 of article 433 of the Civil Code of the Russian Federation) and is called a real contract. With this approach, the beginning of the term of the contract will coincide with the beginning of the lease term. However, the position on the consensuality of the lease agreement can be considered more common.

In addition, from paragraph 3 of Art. 611 of the Civil Code of the Russian Federation also follows that the contract may establish a period for the transfer of property, coming after the conclusion of the contract.

Thus, based on judicial practice, as well as Art. Art. 425, 433, paragraph 3 of Art. 611 of the Civil Code of the Russian Federation, it can be concluded that both of these terms can be established in the contract:

- lease term;

- contract time.

According to paragraph 2 of Art. 609 of the Civil Code of the Russian Federation, a real estate lease agreement is subject to state registration unless otherwise provided by law. In particular, it is necessary to register a lease agreement for buildings or structures for a period of at least a year (clause 2, article 651 of the Civil Code of the Russian Federation). Such an agreement is considered concluded from the moment of registration (clause 3, article 433 of the Civil Code of the Russian Federation). At the same time, part 8 of Art. 2 of the Federal Law of December 30, 2012 N 302-FZ "On Amendments to Chapters 1, 2, 3 and 4 of Part One of the Civil Code Russian Federation"It was found that the rules of art. Art. 609, 651 of the Civil Code of the Russian Federation are not subject to application to contracts concluded after the day the said Law enters into force (after March 1, 2013). Subsequently, Art. 3 of the Federal Law of March 4, 2013 N 21-FZ "On Amendments to Certain legislative acts of the Russian Federation and the invalidation of certain provisions of the legislative acts of the Russian Federation” these changes were canceled.

After considering the issue, we came to the following conclusion:
A real estate lease agreement concluded for a period of less than a year can be extended under the same conditions for a period of 11 months, including by concluding an additional agreement to it. State registration of the contract is not required.

Rationale for the conclusion:
In accordance with the Civil Code of the Russian Federation, a lease agreement is concluded for a period specified in the agreement. If the lease term is not specified in the agreement, the lease agreement is considered concluded for an indefinite period (clause 2 of this article). The Civil Code of the Russian Federation provides that a lease agreement for a building or structure concluded for a period of at least one year is subject to state registration and is considered concluded from the moment of such registration.
If the lease agreement for a building (structure) is concluded for a period of less than a year, it does not require state registration and is considered concluded from the moment it is signed by the parties. Similar rules apply to lease agreements for non-residential premises (clause 2 of the Presidium of the Supreme Arbitration Court of the Russian Federation of 06/01/2000 N 53).
Upon termination of the contract, the leased property must be returned to the lessor in compliance with the rules provided for by the Civil Code of the Russian Federation (clause 2 of the same article). However, depending on the circumstances and terms of the agreement, after the expiration of the period for which it was concluded, the relations of its parties related to the use (possession and use) of the leased object may continue. At the same time, it is not required to return the leased property and conclude a new lease agreement, although the parties are not deprived of the opportunity to formalize relations in this way.
1. According to the Civil Code of the Russian Federation, if the tenant continues to use the property after the expiration of the contract in the absence of objections from the lessor, the contract is considered renewed on the same terms for an indefinite period. It is not required to conclude any additional agreements to renew the contract for an indefinite period.
Since a lease agreement concluded (renewed) for an indefinite period cannot be considered concluded for a period of at least a year, such an agreement is not subject to state registration (information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation of February 16, 2001 N 59).
Recall that each of its parties may refuse to execute a real estate lease agreement concluded for an indefinite period at any time by notifying the other party of this three months in advance, unless another period for warning is established by law or agreement (the Civil Code of the Russian Federation).
2. In accordance with the Civil Code of the Russian Federation, citizens and legal entities are free to determine any terms of the contract that do not contradict the law. By virtue of the Civil Code of the Russian Federation, the terms of the contract are determined at the discretion of the parties, except when the content of the relevant condition is prescribed by law or other legal acts (the Civil Code of the Russian Federation). Amending the contract is possible by agreement of the parties, unless otherwise provided by the Civil Code of the Russian Federation, other laws or the contract itself (the Civil Code of the Russian Federation). In this regard, the mutual consent of the parties to lease real estate for new term can be executed in any way that does not contradict the law: both by concluding a new lease agreement, and by signing an additional agreement to an existing agreement.
In particular, the parties have the right to amend the current lease agreement by an additional agreement, including a condition according to which, after the expiration of the lease period, in the absence of objections from the parties, the agreement is considered renewed not for an indefinite period, but for example, for 11 months. This conclusion is confirmed and judicial practice(See, for example, the decision of the Arbitration Court of the Khabarovsk Territory dated 09/08/2015 in case N A73-4433 / 2015). In this case, upon expiration of the lease period, the contract will be automatically renewed without signing any additional agreements. As explained by the Supreme Arbitration Court of the Russian Federation, with such a renewal for a new term of a lease agreement concluded for a period of less than a year, the relations of the parties are regulated by a new lease agreement, which is not subject to state registration (information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated February 16, 2001 N 59). In other words, with the "automatic prolongation" of the contract, the term of the new lease agreement is not summed up with the already expired one, but is calculated again.
If in the situation under consideration the term of the contract has expired, by virtue of the Civil Code of the Russian Federation it is considered renewed on the same conditions for an indefinite period. Aforementioned additional agreement can be concluded by the parties in this case as well (of course, when formulating the terms of this agreement, it should be taken into account that changes are made to a lease agreement concluded for an indefinite period, and not for 11 months).

For your information:
In conclusion, we note that, depending on the wording used by the parties, the additional agreement concluded by them can be qualified not as aimed at renewing the lease for a new term, but as a change in the condition on the lease term, which as a result of such a change becomes more than a year. In this case, the above approach, reflected in the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated February 16, 2001 N 59, cannot be applied, and the lease formally, by virtue of the Civil Code of the Russian Federation, requires state registration, without which it cannot be considered concluded (see, for example, Supreme Arbitration Court of the Russian Federation of March 11, 2010 N VAS-18020/09, FAS of the Moscow District of March 18, 2011 N F05-1743/2011, FAS of the Ural District of November 11, 2009 N F09-8709/09-C3).
However, as the Plenum of the Supreme Arbitration Court of the Russian Federation explained in paragraph 14 of the resolution of November 17, 2011 N 73, in similar situation the terms of the actually executed lease agreement, even in the absence of its state registration, create mutual obligations for its parties. The parties to an actually executing lease agreement are not entitled, in relations with each other, to refer to the absence of state registration of the agreement as a basis for non-fulfillment of the obligations stipulated by it (see also Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation of September 6, 2011 N 4905/11Yu, information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated February 25, 2014 N 165). In this case, the fact that the lease agreement is not registered will only matter in relations with the participation of third parties (for example, in the event of the sale of the leased object, the tenant will not be able to refer to the Civil Code of the Russian Federation) .2015 N Ф08-412 / 15 in case N А20-2386 / 2013, of the Sixteenth Arbitration Court of Appeal dated 01/20/2016 N).

Prepared answer:
Legal Consulting Service Expert GARANT
Anosova Julia

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Validity lease agreement is not essential condition, but this does not mean that this condition lease relations does not require a responsible approach. The topic of today's article will be precisely the term of the lease. We will consider the possible terms of lease relations of various types.

Timing

In accordance with the legal norms of the Russian Federation, the term of the lease agreement is determined by the agreement of the parties and must be fixed in the contract. There are cases when the terms are not specified in the contract. In such a situation, the agreement is considered concluded for an indefinite period of time. Similar case allows the parties to the transaction to cancel the agreement at any time, but the other party should be warned about this in advance, depending on the type of rental relationship, 1-3 months before its actual termination.

And again referring to Russian legislation Let us clarify that the term of the lease and the term of the lease agreement are different concepts that both parties to the lease agreement need to be aware of:

Rental period- this is the time interval during which the tenant has the right to use (or use and own) the property.

- this is the time interval during which the provisions of this agreement remain valid and the conditions prescribed in it are binding, including the obligations of the parties to the agreement.

A lease agreement can be concluded for various time intervals, and the need for its registration with Rosreestr, the termination procedure and some other nuances depend on this, which we will talk about in more detail. Any rental the contract, by agreement of the parties, may be concluded for a period:

• up to 12 months - short-term lease relations;
• from 1 year to 5 years - medium-term rental relations;
• from 5 to 49 years - long-term lease agreement;
• without specifying a term - an indefinite term of the lease agreement.

In addition, domestic legal regulations establish start and end dates of the lease, which are determined by established rules. These terms can be defined:

• calendar dates;
• the end of the established time period;
• establishing an event that is bound to happen.

Features of lease agreements

The conclusion of an agreement that must be in writing and signed by both parties to the transaction accompanied by the timing. In some cases, the contract begins to operate from the moment of its signing (short-term lease relations).

In this case, the rental period may start later. The end of the transaction period and the lease term do not always coincide. For example, the term of the contract may be limited by the obligations of the participants. But sometimes the obligations under the contract may exceed the term of its validity. This means that the term of the lease agreement and the period of validity of the contract do not always coincide. Equality of terms occurs when the owner of the object transfers it to the tenant on the day of the transaction and receives it back at the time of its expiration.

The lease agreement is drawn up by organizations. Ordinary citizens (more often this applies to residential premises) enter into a contract of employment.

Terms of contracts and their difference

From the date of commencement of the lease relationship, the person who has accepted the real estate for lease (lease) is obliged to pay the rate established for the lease. At the same time, the owner of the property must transfer the object to the tenant on the previously agreed terms.

As in any other procedural terms, the beginning and end of the day is the beginning and end lease terms . For example, when a rental relationship ends on a specific date, the end time would be 24:00 on that day. If the tenant notifies the owner of the object of the termination or renewal of the lease, then the number that fixes the date of notification will be the number from the post office stamp on the envelope.

Short term lease

A lease agreement for the transfer of premises for temporary use (regardless of its purpose), drawn up for a period not exceeding 12 months, refers to a short-term transaction. Such rental/lease agreements for residential premises, buildings, land and other real estate are not subject to mandatory registration with the relevant government agencies.

That is why many use a short-term form of rental relations to simplify the transaction process. Some tenants and owners of objects (mostly citizens and small firms) try to avoid state registration of the contract because of their unwillingness to waste time waiting for documents and paying a fee.

It is important to note that when concluding an agreement on the 1st of a certain month, and the end date of the agreement is the 30/31 of the previous month in the next year, it is necessary to register the transaction, since such a time interval is equal to one year. Therefore, when registering a short-term rental relationship, you should indicate the date of termination of the transaction, which will correspond to the penultimate day of the month.

A short-term lease agreement, which implies automatic renewal (with the consent of the parties), will not require its registration with state authorities.

At the end of the term of the agreement, it can be extended for the same period of time(less than a year). Under such conditions, state registration is not required. In addition, in accordance with the regulations, the participants in the transaction may be prescribed an automatic extension of the relationship at the end of the contract for the same period of time. In the absence of objections from the parties, registration of a new contract is not required.

Long term rental relationship

A lease contract concluded for a period of more than a year refers to medium-term and long-term agreements. The maximum term of such an agreement is 49 years. Usually, under a long-term lease agreement, the following are transferred:

• land;
• reservoirs;
• real estate belonging to the category "subsoil"
• large production facilities.

The transfer of a leased object (non-residential / residential premises, building, land) for a period of more than a year must be registered with state authorities. In this case, the agreement comes into force from the date of receipt of the registration documents, more precisely, the stamp on the original documents and the corresponding entry is made in the electronic database of Rosreestr.

The procedure for registering lease relations lasts up to 21 days from the date of submission of the required package of documents to the local branch of Rosreestr, the cadastral chamber and cartography (depending on the type of lease agreement).

In accordance with legal norms, if the tenant, in the absence of objections from the owner of the object, continues to use it at the end of the period specified in the contract, the transaction is recognized as prolonged for an indefinite period on the same terms.

If a long-term lease agreement of immovable property or part of it is not registered, then it is recognized as not concluded and has no legal force.

When one of the parties to the transaction evades state registration, the other party has the right to file a claim with the courts, which will contain a requirement to register the transaction.

Long-term lease relationships can be converted in the future- the leased object can be re-registered as the property of the tenant, in the absence of any obstacles established by law. This provision also applies to land plot, leased by local governments for private household plots or capital construction of a building for a period of 49 years.

Perpetual rental relationship

In accordance with applicable law, determination of the exact term of the lease is not mandatory provision deals. At the same time, the period of use of the leased real estate cannot exceed maximum term established by law. When making a transaction without determining the terms, either party has the right to refuse the obligations assumed by notifying the other party to the agreement 3 months in advance.

When registering a perpetual lease relationship, the contract becomes valid from the date of its signing by the parties. Moreover, such a transaction does not imply mandatory state registration, even if the period of use of real estate is more than 12 months. This is spelled out in Civil Code– mandatory registration is required only for fixed-term lease agreements that are valid for more than 12 months. In addition, a lease agreement extended for an indefinite period of time also does not provide for mandatory registration.

However, this form of rental relationship is often called "slippery" because much depends on the meaning that is embedded in the main and additional provisions of the contract. A perpetual agreement implies the use of the object for a period of various terms- it can be a period of less than 12 months, and a period of 49 years. So there are certain risks for the tenant, since the owner of the object can demand the termination of relations at any time.

Timing

By agreeing to this provision the parties to the transaction must determine:

• the period of validity of the agreement, based on the rules of the legislative norms;
• application of the terms of the transaction to relations that arise before its signing (if necessary);
• the rights of the tenant to execute the transaction for the next period of time;
• conditions for extending the lease with this tenant for a new period of time.

Deal prolongation

If the party that received the property for rent and observed the provisions of the transaction throughout the entire period wishes to continue using the object, then the law determines the priority rights to prolong the contract. Although, for such legal action there are several conditions:

• no violation of the provisions of the contract;
• the tenant offers the owner of the object more profitable terms rent than other contenders;
• the deadline for notification of intentions to extend the lease agreement provided for by law has not been violated.

The agreement can be extended without setting a deadline if the tenant, after the expiration date of the contract, has not lost his rights to own the property, and his owner does not obstruct this. The terms of the agreement itself this case remain unchanged unless either party requests revision.

If the tenant intends to extend the lease agreement, the tenant must notify the property owner in writing within the period specified in the terms of the transaction or within a reasonable time before the end of the agreement. When changing the provisions of the contract, the parties conclude an additional agreement on the prolongation of the transaction, which actually reflects any changes in the current agreement.

Important! By extending the term of the current agreement, the parties have the right, at their discretion, to change the conditions for lease payments.

Lease of real estate, as a rule, is issued for a long period of time. Therefore, it is advisable for the tenant to agree in advance on the duration of the agreement, as well as its key and additional provisions. Besides, it is desirable to issue a section on immutability for the entire duration of the lease.

Action of the parties at the end of the term

If the term prescribed by the terms of the transaction has expired, but the tenant does not release the object without objections from the owner, then he has the right to continue using the property on the same terms. The transaction will be recognized as prolonged for the same period.

If a person using the object on a leasehold intends to stop using the object, then he is obliged to notify the owner of the property in advance. Otherwise, penalties may be applied, which are often prescribed by the landlord.

Important! When the tenant, at the end of the term of the contract, vacated the object without notifying the owner in fixed time, then there may be claims for payment of time during which the owner of the property did not know about it. If the tenant refuses to return the object at the end of the lease period, its rightful owner, within the limits of the limitation period, may apply to the appropriate authorities to protect the violated rights.

In the Civil Code of the Russian Federation, the basis is the property of citizens, in particular real estate. Real estate is material objects that have a close relationship with the land.

These include objects of natural origin; having a connection with the land, including buildings and objects recognized by law.

As mentioned above, buildings are real estate, which can be both residential and non-residential. According to the Civil Code of the Russian Federation, the latter must be isolated, and the boundaries are determined by: walls, floor and ceiling.

Non-residential premises can be located in apartment buildings or buildings built for offices. It should be noted that a significant difference between the forms of premises is the use of non-residential premises only for production and administrative purposes.

The essence of the contract

This is an agreement between the landlord and the tenant, that is, it is bilateral in nature and is implemented on a reimbursable basis.

The premises are provided to the tenant for a certain amount and for a certain period.

Non-residential premises, which is transferred for the time specified in the contract - the subject of the contract. You must provide accurate property details.

Specify in the document:

• detailed address of the house;
• office number;
• square;
• location plan;
• fix the purpose of use (for the office, for production, etc.).

Information is prescribed in the contract or in an annex to it.

Specialist's note: if not specified detailed information, at the court session, the contract may be recognized as not concluded and, accordingly, invalid.

Usually, a cadastral passport is also attached to the contract, which indicates the size of the leased premises, the number of rooms, the plan, etc. You can attach an explication - a copy of the cadastral passport of the house as a whole.

The contract is registered in writing. From the terms of the transaction and the duration of the form does not change. When the term of imprisonment is more than twelve months, it should be registered. From the moment of registration, it can be considered to have entered into force.

According to the legislation of Russia, each person has the right to draw up a lease agreement:

• legal entities;
• individuals (capable);
• individual entrepreneurs.

Types of terms

The lease agreement for non-residential premises may be concluded for the following period:

• indefinite term;
• a fixed period of less than 1 year;
• specified period of more than 1 year.

Indefinite term. When the term is not specified in the contract, it falls into the category of unlimited (clause 2, article 610 of the Civil Code of the Russian Federation). In this case, if one party decides to terminate the rental relationship, it is necessary to notify the opposite party three months in advance.

Despite the fact that the actual term of the contract may be several years and be considered long-term, it is not necessary to register it.

Legal advice: in the event that a fixed-term lease agreement is terminated and it is renewed through an additional agreement concluded for an indefinite period, it should not be registered.

An additional agreement must be drawn up on the basis of the consent of all parties. With an open-ended contract, there is no maximum term specified.

Fixed term less than 1 year. You do not need to register a contract concluded for a period of less than a year.

When it becomes necessary to extend it for up to twelve months, it is also not necessary to register it.

Often such agreements are concluded with prolongation for a similar period, if all participants agree.

Lawyer's note: prolongation is the extension of the contract at the expiration of the term, when all parties have no objections or additions.

A fixed period of more than 1 year. When concluding an agreement for a period of one year or more, it must be registered with the state agency - Rosreestr.

If you do not complete the registration procedure, the document is considered invalid. The agreement comes into force from the moment of registration.

Sometimes, there are situations when a party to the contract does not want to commit this procedure. The other party has the right to submit statement of claim to be required to register the lease.

For example, the term of the contract is one year. When the contract is concluded on 03/01/2016, the deadline for the contract expires on February 28, 2017. This agreement must be registered.

When the lease term under the contract comes to an end, the landlord has an advantage.

The owner of the premises must first of all ask the tenant if he wants to extend the contract and, in case of refusal, offer the premises to others.

It is not required to conclude any additional agreements to renew the contract for an indefinite period. Since a lease agreement concluded (renewed) for an indefinite period cannot be considered concluded for a period of at least a year, such an agreement is not subject to state registration (clause 11 of the information letter of the Presidium The Supreme Arbitration Court of the Russian Federation dated February 16, 2001 N 59). Let us recall that each of its parties may refuse to execute a real estate lease agreement concluded for an indefinite period at any time by warning the other party about it three months in advance, unless another period for warning is established law or agreement (clause 2, article 610 of the Civil Code of the Russian Federation).2. In accordance with paragraph 2 of Art. 1 of the Civil Code of the Russian Federation, citizens and legal entities are free to determine any terms of the contract that do not contradict the law. By virtue of paragraph 4 of Art.

How to correctly specify the term of the lease?

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1. Civil law
2. Contract law

Good afternoon. I LLC rent a garage box from an individual. To carry out my type of activity (beer production), I need a lease term of a year or more, but this will entail a long and costly registration in the cadastre.

Attention

If the contract is open-ended, if I understood correctly, then I can not register the contract in the cadastre. How to correctly formulate the clause of the lease agreement? And can I get an indefinite contract? P.S.

garage box issued to my mother, i.e. I actually rent from myself.

3. term of the lease and the term of the lease agreement

How to renew a real estate lease agreement on the same terms for a new period (11 months) without registering with Rosreestr? Having considered the issue, we came to the following conclusion: A real estate lease agreement concluded for a period of less than a year can be extended under the same conditions for a period of 11 months, including by concluding an additional agreement to it. State registration of the contract is not required.

Important

Rationale for the conclusion: In accordance with paragraph 1 of Art. 610 of the Civil Code of the Russian Federation, a lease agreement is concluded for a period specified in the agreement. If the lease term is not specified in the contract, the lease contract is considered concluded for an indefinite period.

2 of that article).

Renewal of the lease agreement

It is very convenient for hurried people (the case is on fire, but papers are tolerated) and slobs (he has already done something, but the contract is still too lazy to draw up). If the beginning of the term of the agreement is not specified in its text, and the date of signing it by each of the parties is not indicated, then it will begin to operate from the date indicated in the preamble.

Info

The term of the contract may be indefinite (going to infinity until it is terminated) or definite - limited. An indefinite period takes place when: 1. In an agreement regarding the term of the contract (with the exception of contracts for which, in accordance with the Civil Code, the term of the contract is an essential condition and without specifying the term, the contract is considered not concluded, for example, insurance contracts, trust management contracts property) nothing is said; 2.

When the contract expressly states that it is concluded for an indefinite period; 3.

Lease, lease agreement (part 3)

It suffices to specify the following essential conditions:

• name of the document (additional agreement on the extension of the lease term of the residential/ non-residential premises under the lease agreement No. ...);
• description of the parties to the process, their details and contact information;
• an indication of the changes being made.

Wording example: State the paragraph (paragraph number) of the lease agreement No. (contract number) in the following wording: The Landlord provides the Tenant with a living space with a total area of ​​45 sq. m., located at: (indicate the address of the location of the premises) for temporary possession and use for a period from (indicate the start date of the contract) to (indicate the expiration date of the contract). At the end of the add. agreement, the parties need to sign and, if necessary, certify the document with the seals of organizations.

The term of the lease agreement

N 59 "Review of the practice of resolving disputes related to the application of the Federal Law" On State Registration of Rights to Real Estate and Transactions with It ", hereinafter - information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation N 59). Contracted term less than one year. A lease agreement for non-residential premises concluded for a period of less than a year is not subject to state registration.

When extending a lease agreement concluded for a period of less than a year, for the same period after the end of the initial lease period, the agreement is also not subject to state registration. Similarly, a lease agreement concluded for a period of less than a year is not subject to state registration, in which the parties have provided for a condition on the automatic extension (prolongation) of the agreement after the end of the initial lease period for the same period in the absence of objections from the parties

paragraph 10 of the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation N 59).
A similar danger threatens the landlord if the tenant suddenly decides to change the leased object or finds a cheaper option. Therefore, the most convenient and safe way sign an agreement to extend the contract. However, there are a few things to keep in mind when designing it. important points. Checkpoints during registration 1. The renewal agreement can be signed both on the day the lease expires under the contract, and on a later date.
If some time has passed between the end of the contract and the signing of the agreement on its extension, then the relations of the parties that existed at that time are still regulated by the contract. Since the tenant continues to use the property after the expiration of the contract in the absence of objections from the lessor, the contract is considered renewed on the same conditions for an indefinite period on the basis of paragraph 2 of Article 621 of the Civil Code.
A period of one year or more specified in the contract. A lease agreement for non-residential premises (part of non-residential premises), concluded for a period of one year or more, is subject to state registration and is considered concluded from the moment of such registration (clause 2, article 651 of the Civil Code of the Russian Federation, information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated June 1, 2000 No. 53). In the absence of state registration, such a lease agreement for non-residential premises is not concluded. However, if one of the parties to such an agreement evades its state registration, the other party has the right, on the basis of paragraph 3 of Art. 165 of the Civil Code of the Russian Federation to file a claim for the obligation to register the contract (see clause 7 of the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation N 59). For the purposes of applying paragraph 2 of Art.

Indefinite term of the lease agreement how to register

However, depending on the circumstances and terms of the agreement, after the expiration of the period for which it was concluded, the relations of its parties related to the use (possession and use) of the leased object may continue. At the same time, it is not required to return the leased property and conclude a new lease agreement, although the parties are not deprived of the opportunity to formalize relations in this way. According to paragraph 2 of Art. 621 of the Civil Code of the Russian Federation, if the tenant continues to use the property after the expiration of the contract in the absence of objections from the lessor, the contract is considered renewed on the same terms for an indefinite period.
Information Letter of the Supreme Arbitration Court dated February 16, 2001 No. 59 “REVIEW OF THE PRACTICE OF RESOLUTION OF DISPUTES RELATED TO THE APPLICATION OF THE FEDERAL LAW “ON STATE REGISTRATION OF RIGHTS TO REAL PROPERTY AND TRANSACTIONS WITH IT”). And what are bad? Yes, because if it is necessary to tighten the conditions for the counterparty (to increase prices there due to inflation or some other need), then it will not be possible to make changes without his consent, you will have to terminate it, and the possibility of its termination at the request of one of the parties should be provided for by this contract.

Another thing is when the contract has expired. Do you want to continue joint work- Please accept the new conditions. And even if the counterparty accepts the changes, then for a long period there can be so many of them that you get confused in additional agreements.

Civil Code of the Russian Federation (which provides for the mandatory state registration of only fixed-term contracts concluded for a period of at least a year) and is confirmed by arbitration practice (Resolution of the Federal Antimonopoly Service of the Volga-Vyatka District of February 8, 2002 in case N A79-146-2001-SK2-170, Resolution FAS of the Moscow District of January 23, 2001 in case N KG-A40 / 6418-00, Resolution of the FAS Northwestern District dated May 13, 2004 in case N A56-27225 / 03, dated January 25, 2008 in case N A26-394 / 2007). Not subject to state registration is also a lease agreement renewed in accordance with paragraph 1 of Art.
2 tbsp. 621 of the Civil Code of the Russian Federation for an indefinite period after the end of the main period in the absence of objections from the parties (see clause 11 of the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated February 16, 2001