With real estate, many different transactions are carried out. Often carried out the assignment of rental rights. As a result, the transaction is similar to the contract of sale, but the lease rights are considered the subject of the document. This procedure may be invalidated if there are certain grounds for this. In order to complete everything correctly, you need to familiarize yourself with the intricacies of the procedure, which will be discussed in the article.
What it is?
Assignment of lease rights is a transfer, which is carried out by means of a change in the person of the transaction, or more precisely, the tenant. It will be another person who will have the same rights and obligations. And the previous tenant's powers are running out.
Norms of law
In Art. 615 of the Civil Code of the Russian Federation indicate the nuances that must be observed by the tenant when using the property. But he also has rights. Clause 2 of this article states that a tenant may:
- Sublease property.
- Transfer duties and rights to third parties.
- Transfer the premises to use.
- Transfer rental rights for obligations.
- Transfer rental rights to the authorized capital of commercial organizations.
Rights and restrictions
When the transfer of lease rights is executed , the tenant receives tenure rights. Since then, these rights are an independent object with which it will be possible to carry out transactions. The tenant's rights apply only to the object specified in the contract.
But this person does not have the authority to dispose of real estate, since he is not considered the owner. This serves as a restriction on some transactions, since only the owner has the right to dispose. With the change of persons in the contract, the permission of the lessor must be obtained. Consent is given in writing.
Benefits
Often, registration of assignment of rental rights is considered a favorable solution in a difficult situation. Thanks to this transaction, the new tenant receives the property for onerous possession and use on identical terms and at the same price at which he leased the property from the previous owner.
A lease assignment agreement is usually concluded for non-residential premises located in prestigious areas of the capital and other cities. These objects provide a stable income in the business. Typically, an agreement is valid for more than 5 years, so it is beneficial for a new tenant to receive an object that is in demand from customers. The previous user also has its advantages - he gains income.
Landlords are often municipal and other executive bodies. Demand for rental facilities is always high due to low prices compared with commercial institutions. If rental of non-residential premises is required, the entrepreneur or company can act as follows:
- Take part in the auction.
- To transfer the rights to lease the premises, paying a commission.
The second option is more profitable. But difficulties may arise with him. For example, if a new tenant wants to reconstruct an object, then this will not be easy, and often impossible.
Difference with sublease
The person who leases the property will be a party to the contract signed with the landlord. It will also perform duties, therefore, takes responsibility for any breach of contract. Compared with sublease with the assignment of rights and obligations are terminated, they acquire a new tenant.
Conclusion of an agreement
Assignment of rental cars and non-residential premises is carried out only after signing the contract. Lease rights cannot be granted, otherwise such a transaction will be declared invalid (article 575 of the Civil Code of the Russian Federation says that donation of commercial organizations is prohibited).
Proper registration of assignment of rental rights is required. A sample of this document will allow you to compile it correctly. It should contain the following information:
- Details of the parties.
- Date of issue.
- Information about the subject.
- Dates.
- Rent.
- Terms of termination.
The agreement is made in writing, if desired, it is certified by a notary. On it signatures of the parties, the seal are indicated. It is important that the content of the contract does not contradict the clauses of the lease. Additional papers are signed to the document, which are signed and endorsed.
Terms & Conditions
As with any transaction, the assignment has certain requirements that must be respected in order to be recognized as legal. In addition, this will eliminate future disputes. The conditions that must be met with the execution of the document are as follows:
- The transaction is documented.
- Parties must agree to the terms.
- In case of rent arrears from the first tenant, the parties must resolve the issue of payment.
- The transaction is recognized as legal, which requires notarized permission of the participants.
The requirements include:
- The permission of the parties to the transaction.
- Encumbrances must be specified.
- The text should indicate the purpose of the transfer of rights.
If you comply with the above conditions and requirements, the transaction will be legal. It can be registered in Rosreestr. After this, the procedure is considered fully completed.
Differences between contracts
Since the contract can be concluded with individuals and legal entities, it is necessary to take into account the difference in execution. The difference is related to the list of documents that must be provided as accompanying papers. The difference lies in the timing of signing and verifying the legality of concluding this agreement. In other aspects, the procedure is exactly the same for everyone.
registration
With the execution of the contract for the assignment of the lease of a land plot or non-residential object, an act of acceptance of documentation is drawn up. The new tenant must receive a lease and payment papers. The former tenant must provide a certificate of registration of rent in a state agency and identification papers.
Registration is carried out if:
- Statements.
- Payment document.
- Constituent documents.
- Protocols.
- Documentation for the representative.
- Certificate of OGRN.
- Lease agreement.
- Assignment agreement.
- Technical passport.
Nuances
There are not many pitfalls, but their appearance complicates the deal. Often, because of this, it is impossible to conclude. These nuances include:
- Lack of assignment rules in the original contract.
- If construction is being carried out on land plots intended for farming, the assignment cannot be performed until the intended purpose is changed.
- If there are buildings and structures on the land that do not meet the standards of urban planning legislation.
- When an object of injunction is imposed due to a civil or criminal case.
- If there is a lease debt to the owner.
These nuances are related to those that are fixed in a generalized form in modern legislation. But with the preparation of the contract, others may appear that affect the result of the transaction. These procedures are not common in Russia, but they will perfectly help those who refuse the right to use land in their personal interests.
Responsibilities
According to Art. 422 of the Civil Code of the Russian Federation, parties to a transaction must follow the norms established by law. The terms of the contract are maintained throughout the entire period of its validity. It should be borne in mind that the tenant receives some obligations:
- Payment of taxes, fees.
- Paying rent.
- Debt payment, if there is such a condition.
Such a transaction is considered beneficial for the previous tenant, who gets rid of the unnecessary object. And the subsequent user receives the property at an affordable price. There is a benefit for the landlord, who receives income.
The transfer of rights and obligations is carried out after registration in Rosreestr. It may not be fulfilled if contracts are concluded between individuals for a period of less than 1 year. For the service you have to pay a state fee. For individuals it amounts to 2 thousand rubles, and for legal entities - 22. The norms are established in part 2 of article 333.33 of the Tax Code.
A transaction can be completed by proxy - through a representative. In this case, generally accepted legal norms apply. This person acts by proxy, in which the scope of authority should be indicated. For example, this can be the implementation of actions with a leased object on behalf of the principal, including representing the tenant in state bodies and the right to sign. It is advisable to register the credentials in detail.
Thus, the deal on the transfer of car or premises rental rights will be interesting for business representatives. But before you sign an agreement, you need to consult with a specialist in this field.