Official position of the Ministry of Justice on renting of real estate
In the case of the selling of the real estate, if the proprietor is a married person, the circumstances where the consent of spouses is required are provided by the legislation. However, there is no specific position in the legislation regarding whether a husband (wife) consent is required while renting of a real estate owned by a married person. Yet in practice, in most cases, Notaries do not require the consent of husband (wife).
Relevant consent is required due to the official response from the Ministry of Justice of the Republic of Azerbaijan to Caspian Legal Center on this condition. Due to the Family Code and the Law of the Republic of Azerbaijan "On Notary", the other party must have a notarized consent of the other party must be submitted for the purpose of concluding a notarized and (or) registered transaction for the assignment of one of the spouses on the real estate. At the same time, the Civil Code of the Republic of Azerbaijan states that the contract on the registered right in the state register of real estate shall be considered invalid without the consent of the husband (wife), who has the right of joint ownership.
However, this rule does not apply to all cases. First of all, this consent is not required when renting separate property of each of the spouses. This includes immovable property owned by each of them until marriage, gifts, inherited property, or other property that obtained free of charge during the marriage.
The second exception to this rule is the privatized apartments on the basis of the Law of the Republic of Azerbaijan "On privatization of the housing stock of the Republic of Azerbaijan". Thus, as privatized apartments acquired in accordance with this Law are free of charge, and as the husband (wife) voluntarily agrees to the privatization of that apartment on behalf of one of them, notarized consent of the husband (wife) is not required for the lease of those apartments.
Thus, when registering contracts on the rent of real estate , a notarized consent of a spouse (spouse) of a real estate owner must be submitted.