23
12.19

KEY ADVICE RELATED TO RDA LAW BY RDA LEGAL DEPARTMENT

✅ Familiarize yourself with the documents confirming the ownership of the premises, check the landlord in the State registers. It is recommended to obtain an extract from the Register of Real Property Rights in order to confirm ownership and the existence of encumbrances (mortgages, bans).
 
✅ To carry out legal examination of the draft contract.
 
Particular attention should be paid to the following conditions:
  •  rent (the possibility of increasing its indexation of rent and periodicity, pegging to foreign currency);
  •  rent structures; the tenant's responsibilities regarding the premises (insurance, premises equipment in accordance with fire safety requirements, essential improvements, etc.);
  •  grounds and mechanism of early termination of the contract;
  •  liability of the parties;
  •  the order of transfer / return of the leased property;
  •  the mechanism of prolongation of the contract, the order of conclusion of the contract (preliminary contract, main contract, conclusion of a single contract for the whole term by notarization or conclusion of "cascade" lease agreements, presence or absence of a grace period for carrying out repair works, the order of repair (adaptation) leases.
✅ If the landlord leases it through an intermediary - the written consent of the landlord to conclude a sublease is required. You should familiarize yourself with the lease agreement between the owner and the tenant.
 
✅ Particular attention should be paid to the procedure for signing the act of acceptance. In particular, before signing the act, it is necessary to thoroughly inspect the premises and the state of communications, showcases (if any). All shortcomings must be recorded in the Act. In addition, if there are metering devices in the room, record their performance in the act (make sure the metering devices are new / certified).