Lease preparation is an important issue, and it is better   to be aware  of the difference between a manual lease and an official lease . Lease preparation has been an obvious part of transactions, and failure to observe very simple legal points in lease preparation  may make the short path to resolving a dispute or vacating the property much longer and more complicated.

Lease

A lease is a written document of a rental agreement that is drawn up between the property owner (lessor) and the lessee (tenant), which includes the details of the parties to the contract, the amount of rent, the term of the lease, the subject of the lease, and the conditions of the parties therein.
A lease that the lessor and the tenant draw up after reaching an agreement can be drawn up in the form of a manual lease or a corporate lease. Termination of the lease agreement may be proposed at any time by the owner or the tenant.

Types of leases

According to the law, there are three types of valid leases:
● Lease of a residence or home
● Lease of a business or commercial premises
● Lease of places such as a charity or clinic, which are actually considered residential places.

Lease terms and conditions

When writing and signing a contract, many issues should be considered, including:
• A general knowledge of the laws related to the subject of the contract; for example, if the rent is not paid for one month, the property owner can evict the tenant through the law.
• Complete and accurate details of the parties to the contract with their residential addresses
• Taking into account the interests of both parties; so that the contract is fair.
• Contract duration; each contract must have a specific and specified time, from one hour to several years, but it is better for contracts to be one year.
• The presence of two witnesses to sign the contract.
• Preparing the contract in two copies and, if necessary, three copies to provide to a third party (the third party is mentioned in the contract)
• Mentioning the dispute resolution authority, including a specific person or the relevant legal authority

Manual lease

A regular lease or manual lease is a lease concluded by the landlord and the tenant, usually accompanied by a witness. This contract is traditional and is not registered in the system to receive a tracking code. The landlord and tenant write it manually themselves in order not to pay commission to reputable real estate agents.
Preferably, the contract between the landlord and the tenant should not be done manually, and if the contract is done manually, it must be reviewed and approved by a lawyer so that it has sufficient legal validity. It is recommended that the lease contract be concluded in the offices of your trusted and trusted real estate consultant or notary offices. In fact, this type of lease is a contract and agreement between the landlord and the tenant and will not be registered anywhere else.
The parties to the contract with a manual and regular lease prepare a lease between themselves and sign it with agreement. In the rental contract type, all necessary agreements are concluded in writing in two copies, and ultimately these copies are provided to the owner and the tenant. If the parties to this contract encounter a problem, they can refer to the competent courts by citing this contract.

Features and conditions of a manual lease

Arrangement by the landlord and tenant:  In this type of contract, the two parties directly agree and arrange the lease.
Lack of official registration:  A manual lease is not registered in notary offices or real estate consulting firms and is recognized as an ordinary document.
Witnesses:  If this contract is not signed by two valid witnesses (adult males), in the event of a dispute, it will not be subject to the Landlord-Tenant Relations Law of 1376 and its legal validity will be reduced.
Failure to observe precise legal points:  Often, when arranging manual leases, essential legal points may not be observed. This can cause legal problems in the future.

Corporate lease

A corporate lease is a lease that is written in a real estate agency and on forms approved by the Real Estate Association, and of course, the real estate agent seals and signs it and observes the necessary legal points in it.
A corporate lease can be of two types. The only  difference between the two types of corporate leases  is whether or not they receive a tracking code. Many landlords are reluctant to receive a tracking code when renting their property. The reason for this is the failure to pay rent taxes. Some business owners also abuse the trust of buyers and sellers and commit violations or fraud, which means that you can file a complaint against the real estate agency with a rights-based lawyer.

Corporate Lease Tips

• The legal knowledge of a real estate agent is higher than that of ordinary people. As a result, a lease drawn up by a real estate agent is more legally reliable than a manual lease.
• Although the seal and signature of a real estate agent do not guarantee that the provisions of the lease agreement will be protected by law.
• The chances of concluding a contract by referring to a real estate agent are higher than in other cases. Because the real estate agent tries to complete the contract in order to earn money. Therefore, by negotiating with the parties, he provides conditions that the parties are sufficiently satisfied in various respects.

Features of a corporate lease

Preparation by a real estate agent:  The real estate agent is responsible for preparing the lease and prepares the contract in compliance with the laws and regulations related to renting and tenancy.
Use of standard forms:  These leases are prepared based on forms approved by the Real Estate Association, which include all legal and legal aspects.
Seal and signature of the real estate agent:  After preparing the contract, the real estate agent seals and signs it, which adds to the legal validity of the contract and makes it more formal.

Official lease

Unlike a regular lease, a formal lease is a contract that is officially registered in the notary public’s office and actually has the validity of an official document.  A formal lease is considered an official document. In fact, after the parties to the transaction reach an understanding, they can go to one of the notary offices and register the lease.
Notarizing a lease will reduce many lawsuits in the courts. This is the reason why in other countries, unlike our country, the courts are empty.

Features of a formal lease

Registration in notary offices:  This contract is registered in one of the country’s notary offices and is considered an official document.
High legal validity:  Due to registration in official offices, the official lease is very legally valid and has greater citation power in courts of law.
Complete legal protection:  In the event of any dispute between the landlord and the tenant, the official lease will have stronger legal protection from the parties due to official registration and compliance with all legal matters.
Need to pay taxes:  One of the important points about the official lease is the payment of rent tax. By officially registering the contract, the tax office can easily collect rent-related taxes from the landlord.
Need for full agreement of the parties:  To prepare an official lease, all rental items must be fully agreed upon by the landlord and the tenant and paid in cash. Otherwise, notaries will not register the contract.

Benefits of a notarized lease

The benefits of a notarized lease that is registered in a notary public office include:
○ Being conclusive and conclusive and not affected by the passage of time
○ Being undeniable and doubtful
○ Being credibly and valid, the date of the official document
○ Being enforceable

The difference between a regular lease and a formal lease

Leases are usually signed by the landlord and tenant in real estate offices, which, as we said, only results in the conclusion of a regular document and is like all other contracts that are concluded between individuals informally. However, the official lease document is a document that is drawn up in the office and has high legal validity, but most people conclude a regular lease for the cost of the office. In addition, the difference between a regular lease and a notarized lease can also be seen in the following cases:
1- An official lease can be relied on as an official date. A lease is a temporary contract that is concluded between the landlord and the tenant, and the term must be determined in it, otherwise this contract has no legal validity.
2- An official lease cannot be denied or doubted, but a claim of doubt, such as forgery, can be made against an ordinary lease contract.
3- A formal lease agreement is binding because it is considered an official document and must comply with the terms of the contract, and neither party to the contract can refuse to perform it except under legal circumstances.
4- Another difference between a formal and an ordinary lease is that the formal lease agreement is not affected by time and can always be conclusive and dismissive of the claim.
5- If the lease agreement is officially concluded, the landlord can obtain an eviction order from the tenant by going to the document registration office.
6- The party to the contract can request the issuance of an executive order by going to the notary office where the lease agreement was concluded.

The difference between a formal and corporate lease

The advantage of a formal lease over a corporate lease is the same as the advantage of notarial deeds over ordinary deeds. Although ordinary deeds have value in a court of law, the value of notarial deeds in these courts is greater than ordinary deeds.
Another point that is observed in a formal lease is that you can only go to these offices when the transaction is completely cash. This is one of the reasons why people are reluctant to go to notarial offices.

The difference between an official lease and a notarized lease

The legislator has given notary offices the authority to register, prepare, and record official documents in the law. Official leases registered in notary offices have legal advantages over corporate lease contracts written in real estate agencies, which are mentioned below:
● Notarized leases are binding.
● They are final and conclusive and are not affected by the passage of time.
● They can be  cited and proven in court 
. ● These documents are citation-worthy and are valid in terms of the date of the official document.

* The realization of the owner’s rights in the shortest possible time with a high degree of certainty is one of the greatest advantages of these documents; because when preparing the lease, all matters such as mutual conditions, type of business transfer to others, business and trade rights are specified, and as a result, there will be no room for denial or rejection.

Advantages and disadvantages of manual leases

When the landlord and tenant reach an agreement and write and sign a contract between themselves without going to a real estate agent or a registry office, it is called a manual lease. Therefore, for this type of lease, there is no need to pay a commission to the real estate agent.
Although writing a manual lease has advantages such as not having to pay money to a real estate agent or a registry office, we generally face two problems.
1- Failure to comply with the necessary legal and legal matters in writing the lease
2- Manual leases are not subject to the Landlord-Tenant Relations Law of 1997.
Even if we are sure that the legal matters are written correctly in the lease, if the lease agreement is only signed by the landlord and tenant, the second problem will still persist.

Lease lawyer

The legal value of a document written by a firm is not much different from the value of a piece of paper written by the owner and tenant in their own home. The job of a notary is also to prepare a formal document, there are many cases of disputes between the owner and the tenant in the courts, which takes up the time of the people and the judiciary. Notarizing a lease will reduce many lawsuits in the courts.