Real estate
Reviewing a Lease Agreement Before Signing: What to Look For
A lease agreement is signed quickly, but the consequences are dealt with for years. We look at what to check in a lease agreement for an apartment and non-residential premises before signing, so you do not lose money or access to the property.
You have found an apartment or premises, agreed on the terms, and the landlord sends the lease agreement for signature. At that moment you want to move in quickly or open your business, and that is exactly where attentiveness is lost. Later it turns out that the text contains different deadlines, penalties, a different procedure for returning the deposit, or that the signatory had no right to let out the property.
A mistake is costly: a dispute with the landlord, an unexpected visit from a third party with documents for the property, a refusal to return the security deposit. Reviewing a lease agreement before signing takes less time than the subsequent dispute, and almost always reveals at least one clause that needs to be rewritten.
What to check in a lease agreement before signing
Even a short lease agreement is worth reading in full: it is in the small print that unpleasant surprises are later found. Here are the key clauses that are looked at first.
The subject matter must be described unambiguously — address, floor, area, condition and list of property. Record the term, amount of rent, procedure for changing it, return of the deposit and grounds for termination in writing. If the wording is vague, a consultation with a lawyer on the lease agreement helps: a specialist will show which terms are interpreted not in your favour.
Below is a minimum checklist to review before signing.
- Subject matter: address, area, condition, property
- Term and procedure for renewal
- Rent, deposit, utility payments
- Amendment and termination: notice periods
- Liability of the parties and procedure for return of the deposit
| Term | Common mistake | Consequence | How to secure it |
|---|---|---|---|
| Subject matter | No list of property | Dispute over condition and damage | Handover and acceptance certificate with an inventory |
| Term | Renewal not specified | Unexpected eviction | A renewal clause |
| Rent and deposit | Verbal agreements | Demand for additional payments | Fixed amount and return period |
| Termination | No notice periods | Penalty or downtime | Specify the term and procedure |
| Changes | Verbal amendments | Terms change unilaterally | Only written supplementary agreements |
Checking each clause takes a little time, but it removes most future disputes.
Apartment lease agreement: notarisation and form
The simple written form of an apartment lease agreement is an ordinary document signed by the parties, without going to a notary. Notarisation of an apartment lease agreement is not always required: as a general rule, the written form is sufficient, and a notary is needed when the law expressly requires it or when the parties themselves have decided so.
The difference is not just the stamp: the notary checks the identities, legal capacity and authority of the signatories, explains the meaning of the terms and certifies the date. The consequences of an un-notarised agreement depend on the situation: it may remain valid between the parties, but in a dispute it is harder to prove its terms, and for certain actions where the notarial form is mandatory, the document will not work.
- who exactly signs the agreement and on what basis
- whether the passport details match the document for the apartment
- whether there is a notary's mark, if the form is mandatory
- keep both copies with signatures and annexes
| Form | When it applies | What it confirms | Risk in a dispute |
|---|---|---|---|
| Simple written | Ordinary residential lease | Signatures and terms | Harder to prove the terms |
| Notarial | If required by law or by the parties | Identity and authority | Minimal |
| Oral | Extremely rare and risky | Almost nothing | The terms cannot be proven |
The form affects how a residential lease agreement will protect you in a conflict with the landlord.
Commercial lease agreement: what a lawyer looks at
With commercial premises, the purpose matters most: if the agreement permits office use only, and you open a warehouse or a food outlet, the landlord is entitled to demand early termination of the agreement and compensation for losses. A lawyer for commercial leases separately checks who pays for utility and operating expenses: the agreement must clearly state whether they are included in the rent or reimbursed on top, and on the basis of which documents.
The second set of risks concerns improvements and the return of the premises. Non-separable improvements (ventilation, redevelopment, shopfronts) made without the landlord's written consent will remain with the landlord without compensation, and the procedure for return and the landlord's access for inspection are best set out in advance. Check:
- the permitted designated use and whether the profile you need is prohibited;
- the allocation of utility and operating payments;
- the fate of non-separable improvements and the conditions for approving them;
- the landlord's right to enter the premises and the notification procedure;
- the term and procedure for returning the premises under a handover act.
The lease agreement and third-party rights over the property
The most common risk when leasing in Almaty is that the property is pledged to a bank or is claimed by a third party. Check the extract from the Legal Cadastre: it shows encumbrances, arrests, pledges and servitudes. If the owner is married and the property was acquired during the marriage, it is better to obtain the spouse's written consent to the lease: in a long-term lease without it, the transaction may be challenged.
Separately check for a registered long-term lease or trust management over the property: a new tenant risks losing access. The owner must confirm that no such rights exist. Verify the passport and identity card against the details in the title document.
Before signing a lease agreement, it is worth checking:
- an extract from the Legal Cadastre for encumbrances, arrests and pledges;
- the written consent of the owner's spouse if the property was acquired during the marriage;
- documents on any previous lease or trust management;
- that the passport and title document match the owner.
Drafting a lease agreement: when a template is dangerous
A standard template from the internet does not know your situation: who the owner is, whether there are any encumbrances, who pays for utilities and what happens if equipment breaks down. A lawyer who drafts lease agreements first clarifies the details of the transaction and then writes the terms for it, rather than fitting the transaction to someone else's template.
If this is not done, a dispute is almost inevitable: at the moment of conflict it turns out that the parties understood even simple things differently. Individual terms remove this ground for dispute.
- How utility payments are distributed and who pays them directly.
- Who remedies breakdowns and at whose expense: equipment, plumbing, electrics.
- The procedure for returning the security deposit and deductions from it.
- Terms on repairs: approval, compensation, inseparable improvements.
- Liability for late payment, the procedure for termination and eviction.
Lease agreement and negotiations: how to record agreements
It is convenient to record agreements in a protocol of disagreements: you note the disputed clauses, propose your own wording and pass the document to the other party. If the protocol is not signed, keep the pre-contractual correspondence — it confirms what you agreed before signing.
Distinguish the advance payment and the deposit directly in the text: for which period the advance is paid, whether the deposit is returned on early departure and within what time. Before signing, agree the wording on repairs, meter readings and the landlord's access.
- The procedure for returning the deposit and the transfer period.
- Who pays for repairs and replacement of property that has broken down.
- How often and with what notice the landlord may come.
- What counts as an improvement to the property and who owns it.
Lease agreement and disputes: what to do after signing
If the landlord or the tenant breaches the terms of the lease agreement, the first step is a written claim describing the breach and demanding that it be remedied. The claim is sent by registered letter with acknowledgement of receipt or delivered against signature, keeping proof of sending: this records the date and content of the demand.
Losses arising from the breach must be confirmed by documents — inspection reports, receipts, valuer's reports, photo and video records. If the dispute is not resolved, the documents are filed with the court, and after the decision enters into force — with the court enforcement officer for enforcement.
- Claim: in writing, with acknowledgement of receipt
- Recording of losses: reports, receipts, valuation, photos
- Claim to court with correspondence and calculation attached
- Writ of execution — to the court enforcement officer
A signed lease agreement is not a formality but the main document by which you will prove your rights. If a term is not written in the text, it does not exist for the court.
