Recording the Termination of a Lease Agreement: Procedure and Required Documents

Following the termination of a lease agreement, it is crucial to proceed with its registration at the financial authority to avoid any potential future legal issues. In this article, we will outline the steps to follow and the documents required to register the termination of a lease agreement.

• I-The Required Documents
• II-Place of Registration
• III-Registration Fees
• IV-Steps for Registering the Termination
• V-Registration Deadlines
• VI-Conclusion

I-The Required Documents

The registration of the termination of a lease agreement requires several essential documents:

1. Copy of the Original Contract: A certified true copy of the original lease agreement is necessary to establish the existence of the initial contract.
2. For Contracts Drafted by a Lawyer: If the lease agreement was prepared by a lawyer, an original copy of the contract along with additional certified true copies of the termination agreement must be provided.
3. For Contracts Drafted by a Notary: If the lease agreement was prepared by a notary, a copy of the transfer card associated with the termination and a copy of the termination itself should be submitted.
4. Payment of Registration Fees: Registration fees are to be paid to complete the procedure, and the documents should be collected within 24 hours following registration.

II-Place of Registration

The location where termination documents must be registered depends on how the initial contract was drafted:

1. For Contracts Drafted by a Notary: The records should be registered with the competent financial authority in the region where the notary practices.
2. For Contracts Drafted by Other Parties: The records should be registered with the competent financial authority in the region where the leased property is located.

III-Registration Fees

The registration fees for terminating a lease agreement are calculated as follows:

1. Termination Fees: The registration fees for termination amount to 30 dinars if done within 3 days following the drafting date of the termination contract. Beyond this period, the same fees as for original contracts are applied.
2. Inclusion of a Purchase Contract: If the termination includes a real estate purchase contract, property transfer fees need to be paid only once.

IV-Steps for Registering the Termination

The registration process for terminating a lease agreement involves several steps:

1. Drafting the Termination Contract: The termination contract must be drafted by a qualified legal drafter, such as a lawyer or a notary.
2. Signing and Certification: All parties to the contract must sign the termination contract, which then needs to be certified at the civil registry office of the municipality, accompanied by a property release certificate for the relevant real estate.
3. Document Registration: The termination documents must be registered with the competent financial registry within the prescribed timeframe, along with the payment of the required registration fees.
4. Document Retrieval: Once the documents are registered, the payment receipts and registered documents must be retrieved within 24 hours of registration.

V-Registration Deadlines

It is important to adhere to the prescribed timelines for registering the termination of a lease agreement. Termination contracts must be registered within 60 days from the date of drafting of the original contract. Failure to meet this deadline will result in the imposition of late fees.

VI-Conclusion

By meticulously following these steps and providing the required documents, the termination of a lease agreement can be properly registered, thereby avoiding any potential legal issues in the future.