Frequently asked questions
Is it mandatory to conclude the delivery deed?
The law does not provide the obligation to sign a delivery deed while delivering the residential premises, but it is certainly advisable to conclude one. The delivery deed proves that the premises were actually delivered and all the important characteristics of the delivered premises and property can be stated there. The readings of metering devices are also listed in the deed, which can be takes as the basis of subsequent calculation of the services.
Existence of properly formulated delivery deed helps to prevent potential disputes regarding the leased premises or their condition.
What can I do if the lessee does not sign the delivery deed?
The lease agreement itself provides usually the respective clauses. Ordinarily the lessor that has drafted the delivery deed and has come to deliver the premises can sign the deed at the presence of witnesses and forward such signed delivery deed to the lessee. In such case it is therefore proven that the lessor has fulfilled its obligation to deliver the premises and the lessee has therefore obtained the obligation to start paying rent and accessory costs.
Do the lessor and lessee have to sign the deed in person?
If the lessor or lessee do not sign the deed themselves, then the person signing the deed must have the right to represent the lessor or lessee respectively. If the lessor or the lessee is a legal entity, then the legal representative is a management board member, but the deed may be also be signed by an authorised person on behalf of the lessor or the lessee. If the signatory is acting on the basis of the authorisation document, it is advised to check the existence of the authorisation and, if possible, store the authorisation document along with the delivery deed.