How to execute a lease contract from a distance

Entering into a lease agreement remotely is increasingly common. This procedure saves time and eliminates the necessity for physical presence by both parties. Let's delve into the primary steps and crucial aspects to ensure a secure and legally binding remote lease.

What constitutes a remote lease contract

A remote lease contract is an arrangement between a tenant and a landlord that is finalized without a face-to-face meeting. This method is suitable for both major corporations conducting contracts via online platforms and individuals renting properties.

The remote execution of a contract enables:

• Time-saving in document transmission.
• Utilization of electronic communication means (e.g., email, specialized platforms).
• Application of an electronic signature for document authentication.

The pivotal moment in this process is the mutual signing of the contract, as this act grants legal validity to the document, underscoring the importance of meticulously following all steps.

Receiving and confirming the contract text

The initial step involves requesting a draft contract via email. This affords the opportunity to carefully review the content, negotiate terms, and make revisions before signing.

To safeguard your data during transmission:

• Employ secure communication channels like VPN (Virtual Private Network) to minimize the risk of data leaks or interception by unauthorized parties.
• When required, dispatch documents through certified email (PEC – Posta Elettronica Certificata).

Verification of parties' documentation

Prior to contract signing, it is crucial to solicit identification documents from the other party (e.g., passport, legal entity particulars). This verification aids in confirming the identity and authorization of the involved parties.

For verification of legal entities, an extract from the commercial register (visura camerale) can be requested to validate the representative's authority.

Executing a physical copy of the contract

After agreement on the contract text and necessary modifications, it is imperative to:

1. Print the document.
2. Sign each page to signify consent to the entire document's content.
3. Pay close attention to clauses restricting parties' rights. As per Article 1341 of the Italian Civil Code, such clauses necessitate distinct signatures (e.g., terms for premature termination, liability limitations).

Dispatching the signed document

The signed agreement copy should be dispatched via registered mail or a courier service to ensure document security and receipt confirmation.

Recommended actions:

• Include a cover letter detailing the enclosed item's contents.
• Retain the delivery receipt for reference.

Electronic signature

To expedite the process, an electronic signature can be utilized. There exist three primary types:

1. Simple Electronic Signature (FES): the most basic albeit less secure option.
2. Enhanced Electronic Signature (FEA): Offers heightened security through certified devices.
3. Qualified Electronic Signature (FEQ): Holds equal legal weight to a handwritten signature, possessing maximum legal validity.

Attributes of a qualified signature:

• Issued by accredited certification entities.
• Utilizes devices (e.g., smart cards, USB tokens) ensuring reliable signatory identification.
• Enables document signing in PDF (PAdES), XML (XAdES), or other file formats (CAdES).

When is a remotely signed contract deemed valid?

For a contract's legal validity, it is imperative to:

• Confirm both parties possess legal capacity.
• Ensure consent is provided knowingly and voluntarily.
• Fulfill requirements for agreement form and content.

Recommendation:
Utilize a qualified or advanced electronic signature. A simple signature may not always offer adequate protection in dispute scenarios.

Significance of Remote Signatures in Disputes

In case of disagreements, the signed document serves as proof of the transaction if:

• Reliable signing methods (qualified signature) were employed.
• The document is securely preserved.

Using a scanned signature is discouraged as it lacks legal validity and could lead to contract annulment.

Outcome:
Executing a lease agreement remotely is convenient and contemporary, yet necessitates strict adherence to regulations. Utilize secure channels, established signature methods, and thoroughly comprehend the agreement terms.