State registration of lease agreements: protection of tenants' rights from invalidity risks

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Abstract

This article analyzes the issue of invalidity of agreements in relation to third parties in the field of real estate lease in Russia. The study examines the consequences of the lack of state registration of lease agreements, noting that only registered agreements have legal force for third parties. Examples from judicial practice are given, demonstrating how the lack of registration can negatively affect the interests of tenants, including leading to the risk of losing the property when changing the owner. The tax consequences are also analyzed: unregistered agreements do not provide the right to tax deductions, which increases the tax burden on tenants. In this regard, the article emphasizes the importance of preliminary registration of long-term lease agreements to protect the rights of the parties. The work proposes measures to improve the legislation: simplifying the registration procedure, creating a single register of lease agreements, introducing administrative liability for evading registration. The authors note that properly executed and registered lease agreements help protect the rights of participants and the stability of business relations. In conclusion, it is concluded that compliance with legal requirements and registration of lease agreements are necessary conditions for effective business and protecting the interests of the tenant and the landlord. Careful attention to these issues is considered a key factor in the successful development of rental relations in Russia.

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About the authors

Yulia I. Frolovskaya

Financial University under the Government of the Russian Federation

Author for correspondence.
Email: YIFrolovskaya@fa.ru
SPIN-code: 3756-5343

Cand. Sci. (Law), Associate Professor, Associate Professor of the Department of Legal Regulation of Economic Activity of the Law Faculty

Russian Federation, Moscow

Tatyana A. Bondarenko

Financial University under the Government of the Russian Federation

Email: TABondarenko@fa.ru
SPIN-code: 7438-6439

Cand. Sci. (Law), Associate Professor of the Department of Legal Regulation of Economic Activity of the Law Faculty

Russian Federation, Moscow

References

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