How to sign a lease agreement remotely

Signing a lease remotely is becoming more and more common. This process saves time and avoids the need for both parties to be physically present. Let's look at the main steps and key points to consider for a safe and legal remote lease.

What is a remote lease agreement

A remote lease agreement is an agreement between a tenant and a landlord that is concluded without their physical meeting. This solution is suitable for both large companies that register contracts through online platforms and for individuals renting real estate.

Remote execution of a contract allows:

• Save time on sending documents.
• Use electronic means of communication (e-mail, special platforms).
• Use an electronic signature to certify a document.

The key moment in this process is the signing of the contract by both parties. This action gives the document legal force, so it is important to carefully follow all the steps.

Receiving and agreeing on the text of the contract

The first step is to request a draft contract by email. This allows you to carefully review the contents, discuss the terms and make changes before signing.

To protect your data when sending:

• Use secure communication channels such as VPN (Virtual Private Network). This reduces the risk of information leakage or interception by third parties.
• If necessary, send documents via certified e-mail (PEC – Posta Elettronica Certificata).

Verification of documents of the parties

Before signing the contract, it is important to request identification documents from the other party (passport, legal entity details, etc.). This will help confirm the identity and authority of the participants.

To verify legal entities, you can request an extract from the commercial register (visura camerale), which confirms the authority of the representative.

Signing a paper version of the contract

After agreeing on the text of the agreement and making changes, it is necessary to:

1. Print it.
2. Sign each page. This confirms agreement with the contents of the document as a whole.
3. Pay special attention to clauses that limit the rights of the parties. According to Article 1341 of the Italian Civil Code, such clauses require a separate signature (e.g., conditions for early termination, limitations of liability).

Sending a signed document

The signed copy of the agreement must be sent by registered mail or via courier service. This ensures the safety of the document and confirmation of its receipt.

Recommended:

• Please include a cover letter stating the contents of the item.
• Keep the delivery receipt.

Electronic signature

To speed up the process, you can use an electronic signature. There are three main types:

1. Simple Electronic Signature (FES): the most basic, but less secure.
2. Enhanced Electronic Signature (FEA): Provides a higher level of security through the use of certified devices.
3. Qualified Electronic Signature (FEQ): equivalent to a handwritten signature, has maximum legal force.

Features of a qualified signature:

• Issued by accredited certification centers.
• Uses devices (smart cards, USB tokens) that guarantee reliable identification of the signatory.
• Allows you to sign documents in PDF (PAdES), XML (XAdES) or any other file types (CAdES).

When is a remotely signed agreement considered valid?

For a contract to be legally valid, it is necessary:

• Ensure that both parties have legal capacity.
• Consent is expressed consciously and voluntarily.
• The requirements for the form and content of the agreement have been met.

Recommendation:
Use a qualified or advanced electronic signature. A simple signature does not always provide a sufficient level of protection in case of disputes.

The Importance of Remote Signature in Disputes

In case of disagreement, the signed document is proof of the transaction if:

• Reliable signing methods (qualified signature) were used.
• The document has been properly preserved.

It is not recommended to use a scanned signature, as it has no legal force and may lead to the cancellation of the contract.

Result:
Signing a lease agreement remotely is convenient and modern, but requires careful adherence to the rules. Use secure channels, proven signature methods, and carefully read the terms of the agreement.