Sample contracts

Sample contracts and acts to download (in Russian): lease and sublease of premises, vehicle lease, work contracts, carriage of goods, residential rental. These are standard forms — adapt them to your transaction before signing. Below is what Kazakhstan law requires of a sublease of premises and of subletting an apartment.

Samples to download

Lease and sublease

• Building (structure) lease agreement
• Lease agreement for non-residential premises
• Sublease agreement (non-residential premises)
• Act of acceptance and transfer of production premises
• Vehicle lease agreement without management services

Housing

• Residential rental agreement
• Residential transfer act
• Residential passport

Work contracts and design

• Work contract (general form)
• Work contract (repair and construction work)
• Design and survey agreement

Carriage

• Contract for the carriage of goods

The forms are in Word and RTF formats. There is no separate form for subletting an apartment: subletting housing is governed by its own law, see below.

Sublease under the Civil Code

The rules are in Articles 551 and 560 of the Civil Code, Special Part:

• the lessee may, with the consent of the lessor, sublease the leased property, unless otherwise established by legislative acts; consent is also needed for other actions, including transferring the lessee’s rights and obligations under the contract to another person (transfer of lease) and putting the property into gratuitous use (paragraph 1 of Article 551);
• in these cases, except for a transfer of lease, the lessee remains liable to the lessor under the contract (paragraph 1 of Article 551);
• a contract transferring the property to other persons may not be concluded for a term exceeding the term of the lease (paragraph 2 of Article 551);
• the rules on the lease contract apply to the sublease contract, unless otherwise established by legislative acts (paragraph 3 of Article 551);
• unless otherwise provided by the lease contract, early termination of the lease terminates the sublease concluded under it (paragraph 1 of Article 560);
• if the lease is invalid on the grounds provided by the Code, the sublease concluded under it is null and void (paragraph 2 of Article 560).

Vehicles follow a different rule: unless otherwise provided by the contract on lease of a vehicle without crew, the lessee may sublease the vehicle without the lessor’s consent on the terms of a vehicle lease with or without crew (Article 594-5).

Form of the contract and registration

A lease for a term of more than one year, and, if at least one of the parties is a legal entity, regardless of its term, must be concluded in writing (paragraph 1 of Article 544 of the Civil Code). A lease between individuals for a term of up to one year inclusive may be concluded orally (paragraph 3 of Article 544).

The contract must contain data that make it possible to identify the property transferred to the lessee. Without them, the condition on the object is deemed not agreed, and the contract is deemed not concluded (Article 542). Rent is paid in the procedure, terms and form established by the contract, unless otherwise established by legislative acts (paragraph 1 of Article 546).

Under the Law “On State Registration of Rights to Immovable Property”, the right to use immovable property for a period of at least one year, including lease, is subject to state registration in the legal cadastre (subparagraph 1 of Article 5). The right to use another’s immovable property for a period of less than one year, including the right of lease, is classed by the Law as a preferential interest not subject to compulsory state registration (subparagraph 4 of Article 8).

Subletting an apartment

Legislative acts may establish specifics of leasing residential premises (paragraph 4 of Article 541 of the Civil Code). Renting housing in the private housing stock is governed by the Law “On Housing Relations”. Under it, subletting an apartment is a sublease of a dwelling, and a sub-tenant is the party to a sublease agreement who receives the dwelling or part of it for use from the tenant (subparagraph 19 of Article 2).

Whether an apartment may be sublet depends on whether the owner lives in it:

• in a dwelling where the owner does not reside, the tenant may move in family members, sub-tenants and temporary residents, unless otherwise provided by the lease agreement (paragraph 3 of Article 24). The lease of such a dwelling is concluded in writing (paragraph 1 of Article 24). A person for whom the dwelling is rented by the local executive body may not move in sub-tenants and temporary residents (paragraph 3 of Article 24);
• in a dwelling where the owner permanently resides, the tenant may not move in other persons, including family members, without the owners’ consent (paragraph 2 of Article 25).

The tenant must register the persons living in the dwelling under a sublease agreement in the procedure established by legislation (paragraph 3-1 of Article 24).

What the Law says about the sublease agreement (Article 26):

• the sub-tenant’s living conditions, in particular the term of residence and the amount and procedure of payment, are determined by the agreement between the tenant and the sub-tenant (paragraph 1);
• the agreement terminates on expiry of the term set by the parties or on occurrence of a circumstance stated in the agreement, and also in cases of compulsory termination of the right of ownership of the dwelling under Article 29 of the Law (paragraph 2);
• the tenant may terminate the agreement early if the sub-tenant breaches it, and if the agreement sets no term or other grounds for termination, at any time with at least one month’s notice to the sub-tenant (paragraph 2);
• the sub-tenant may terminate the agreement at any time, unless otherwise provided by the sublease agreement (paragraph 3);
• when the sublease agreement terminates or the tenant terminates it, the sub-tenant must vacate the dwelling; otherwise the sub-tenant may be evicted by a court decision without being provided with another dwelling (paragraph 4).

When the lease terminates, the sublease terminates at the same time. Sub-tenants and temporary residents must vacate the dwelling; otherwise they may be evicted by a court decision (Article 27).

Temporary residents are citizens to whom the tenant (owner of the dwelling, sub-tenant) has granted the right of temporary residence without charging them for the use of the dwelling (subparagraph 45 of Article 2). The tenant may move them in without a sublease agreement. At the tenant’s request they vacate the dwelling at any time with at least seven working days’ notice; otherwise they may be evicted by a court decision (paragraph 5 of Article 26).

How we can help

We will prepare a lease or sublease contract for your transaction and review the counterparty’s draft — see contract drafting and review at KORGAN. On carriage of goods, see “International Cargo Carriage Contract”.

The first consultation is free. Call us: +7 700 500 05 53 or write on WhatsApp.