Landlord's Consent to Land Plot Sublease

The landlord's consent to sublease a land plot is a mandatory document ensuring the legality of subleasing the land plot to a third party (subtenant). Article 615 of the Civil Code of the Russian Federation regulates sublease. It states that the transfer of land plots for sublease is possible only with the consent of the lessor, unless otherwise provided by the Civil Code of the Russian Federation, other laws or regulatory acts. Without such consent, the sublease may be considered invalid. Article 22 of the Land Code of the Russian Federation regulates the cases of granting land plots for lease and distinguishes between cases where consent to sublease must be obtained and cases where notification of the lessor is sufficient. The main purpose is to ensure the landlord's control over the use of the land plot. The landlord must be satisfied that the subtenant will use the land in accordance with its purpose and the terms of the main lease. If the lessee subleases the land without the landlord's consent, the landlord may terminate the agreement and claim damages. The sublease may also be declared null and void, which would put all parties back in their original positions. The risk for the subtenant is that his contract will be declared invalid and he will lose the right to use the land, which may result in losses for the subtenant. For the landlord, the risk is that the land is used improperly, which may lead to a deterioration of its condition or a violation of the law, in which case the landlord may be liable as the owner. The term of the sublease cannot exceed the term of the main lease.