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Many are faced with renting housing in our time. In order not to fall for the "bait" of scammers and deceit, it is worth confirming the transaction with documentation and concluding an agreement.

We will tell you why the contract is necessary, how to conclude it correctly and what to provide, and also determine what will be the obligations of the landlord and tenant in accordance with the laws.

Who concludes a rental agreement and why is it necessary - the parties to the transaction and the advantages of its execution by an agreement

Renting any housing or premises enables individuals and legal entities to live in comfortable conditions for some time in the case when they do not have their own housing.

As a rule, when renting, the property is transferred for use to some person - but only for use, and not for full possession.

The parties concluding a transaction and an agreement are:

1. landlord . This is the owner of the premises, which is rented out for a certain period of time for a certain price. The landlord can be both individuals and legal entities.
2. Tenant. This is a person who needs temporary housing, for which he does not mind paying the agreed fee. Again, the tenant can be both individuals and legal entities.

Usually legal entities involved in the transaction require documentation, and individuals in most cases neglect the conclusion of contracts, trying to verbally discuss everything important conditions hiring / renting an apartment, house, room.

This is a wrong position, because the contract is an important document that has weighty power and is able to defend your rights as a tenant or landlord.

We will tell you what advantages the lease agreement has for both parties - it does not matter whether they are individuals or legal entities:

1. Strict observance of the conditions and requirements prescribed in the contract. Note that the landlord will not be able to increase the fee unless it is written in the document. There are many examples in practice: citizen Vasilkov lived in an apartment for a long time The owner decided to raise the rent. Since the contract was not concluded between the parties, he had to pay the amount that the owner of the apartment put up. Thus, by concluding an agreement, the parties can count on the fact that each of them will fulfill their obligations and prescribed conditions.
2. Say "no" to landlord visits. The document can specify how many times a month the landlord can visit the premises and check it, as well as the tenant. Often indicated - 1 time per month.
3. Included utility bills. The agreement allows the tenant not to worry about paying for a communal apartment. The owner has the right to include payment for utility services in the contract, then the employer will pay for them himself. Let's give an example: citizen Borisov, who rents out a house, did not include a clause on payment of a communal apartment in the contract. A month later, he received a bill for long-distance calls on a landline phone. Borisov tried to present an invoice to the tenant and force him to pay the expenses, but he, in turn, refused, and the contract did not say so.
4. Timely paid rental housing and payment of compensation. According to the contract, the tenant of the residential premises must pay the agreed amount for the use of housing within the prescribed period. If he does not do this, the landlord has the right to recover compensation from him. Of course, these issues should be spelled out in the document in order to easily defend your rights later.
5. Property damage insurance. A person who rents out a premise with furniture or household appliances, can protect itself from sudden expenses due to damage to property. If this clause is specified in the contract, then the tenant will be forced to repair damaged equipment or repair furniture himself.
6. Compliance with other important conditions. In the contract, you can prescribe other main nuances that may arise when renting out housing. For example, how many tenants will live, is it possible to move in, will additional funds be charged for repairs.
7. The contract allows you to defend your rights through the courts. In case of any disputes, the parties can go to court and resolve the issue according to the law.
8. Additional income for the landlord, reflected on paper. Of course, this significant advantage can allow the landlord to decide financial difficulties. For example, if he decides to take out a loan, then additional income, confirmed by documentation - the contract - will be by the way.

The execution of the contract takes place both orally and in writing. First, the parties to the contract negotiate everything important questions, and then write a document - or a notary does it for them.

We list the rights and obligations of the employer:

1. Settle in the apartment / house of your family members, unless otherwise specified in the contract.
2. Transfer housing to others.
3. Invite other persons to visit and temporarily leave them on the premises.
4. Require the landlord to carry out major repairs and fulfill his duties.
5. Cancellation of existing housing at will.
6. Use temporary accommodation.
7. Preserve housing and property, if any.
8. Carry out home repairs as needed.
9. On time, within the specified time, pay rent and utilities.
10. Inform the landlord that he wants to change the terms of the contract.

Strictly speaking, if we are talking about renting or renting an apartment between individuals, it is more appropriate to talk about a tenancy agreement. However, from a legal point of view, the name of the agreement of great importance does not have, the main thing — its content. Therefore, for convenience, in the future we will refer to the rental agreement as a lease agreement.

So, a lease (or lease) agreement must be concluded by everyone, regardless of the relationship of the parties. Even if, out of your kindness, you allowed a relative or friend to live in an apartment for free, it is better to formalize the relationship in writing - in such a situation, a contract for gratuitous rental of housing is concluded (see: What is and how to draw up a contract for gratuitous rental of housing?). At the very least, this way you can avoid possible disputes over who pays utilities and whether the tenant spends too much time in the shower or in front of the TV.

And the question of the contract is much more relevant if the tenant is obliged to pay for rented housing. Issues related to the procedure for using the premises and the amount or timing of rent payments may well end up in court - Art. 162 of the Civil Code of the Russian Federation directly states that in the absence of a written agreement, witness testimony cannot be used in court. In addition, according to the same Civil Code, the written form is not only expressly provided for lease or rental contracts (Article 674 of the Civil Code), but also must be used in all cases where one or both of the following conditions occur:

• at least one party to the transaction is a legal entity;
• a transaction worth more than 10,000 rubles is concluded between individuals, that is, citizens.

In the case of housing, the last condition is especially relevant - the monthly cost of renting an apartment in Moscow, St. major city is now much more expensive.

Is it possible to draw up a rental agreement on your own without a lawyer

By itself, a lease agreement (more precisely, a commercial lease, if we are talking about a deal between two citizens) is not one of the overly complex documents. Any literate person, having spent some time studying the law and comparing different forms of housing rental agreements, in many available on legal websites or legal forums, will be able to independently draw up such an agreement.

However, there are times when it is better to turn to a professional. Usually such a need arises if:

• there are doubts that the landlord has the right to rent an apartment;
• the contract is concluded through an intermediary whose good faith you are not sure;
• the amount of housing fees is too different from what is asked for similar apartments in the same area of ​​the city.

In this case, it would be better for you to first consult with a lawyer, or even order the drafting of a lease agreement containing those conditions that can protect your rights.

What should a standard rental agreement contain? Download sample 2018 for free

IN civil law the concept of essential terms of the contract is provided. If they are not reflected in the text, then the contract is considered not only invalid, but simply not concluded. In relation to rental housing, the following conditions will be essential:

• the identity of the landlord and tenant;
• the subject of the contract (signs of the residential premises, which make it possible to unambiguously determine what exactly is being rented out);
• the amount of the rent (in principle, you can not specify it, but then you will receive not a lease / lease agreement, but an agreement on the gratuitous use of residential premises).

So, the contract should contain the following sections:

1. Preamble. Here the name of the agreement is indicated (“Residential lease agreement” or, more correctly from a legal point of view, “Residential rental agreement”), the place and date of its conclusion, the names or names (for legal entities) of the parties, as well as their abbreviated names which will be used later in the text of the treaty.
2. Subject of the contract. Here, the housing that is rented under the contract should be described in detail. How fuller information, the better - therefore, the contract should indicate not only the address, but also the area of ​​\u200b\u200bthe premises, its cadastral number, as well as the basis giving the landlord the right to rent this premises (ownership, lease agreement with the right to sublease the apartment, etc. ).
3. The amount of the rent.
4. Rights and obligations of the parties.
5. Responsibility of the parties.
6. The period for which the contract is concluded. In the absence of this clause, the contract will be considered concluded for a period of 5 years. The same time period is defined by Art. 683 of the Civil Code of the Russian Federation as maximum term housing contracts.
7. Details and signatures. Here it is necessary to describe the parties in as much detail as possible. For citizens, you will need to indicate passport data and the place of permanent registration, for legal entities - the legal form, TIN, PSRN, BIK and other bank details.

Of course, this structure is only indicative. The parties may, if they wish, include additional terms and conditions. In particular, an organization renting housing for its employee may require that a non-disclosure clause be included in the contract to third parties.

Let us now analyze some of the elements of the structure in more detail.

Persons entering into a contract

The law distinguishes 2 types of contracts for temporary commercial use of housing:

• a residential lease agreement, according to which a legal entity can be a tenant;
• housing rental agreement, concluded only with citizen tenants (individuals).

In most cases, the difference between them is small, therefore, both are often called a lease agreement. But there are still some differences. In particular, under a rental agreement concluded for a period of more than 1 year, temporary tenants are not allowed to move in free of charge and the amount of rent is not an essential condition (since a citizen can allow other persons to use their apartment free of charge).

In addition, the lease agreement must indicate not only the tenant, but also the persons permanently residing with him (this is not required for rent). If such persons were not indicated immediately, then they can be moved in later with the consent of the owner of the housing, if the area per each complies with the norms of housing legislation. The only exception are minors: no permit is required to move them in and compliance with the norm is not mandatory.

Validity of the housing lease agreement and related features of the conclusion

From a practical point of view, contracts relating to the lease of premises can be divided into 2 groups:

• contracts lasting more than a year;
• contracts lasting less than a year (short-term).

This division is due to the following circumstances:

1. If the contract does not specify a specific period, then the contract, according to Art. 683 of the Civil Code of the Russian Federation, is considered a prisoner for 5 years. In order to terminate such an agreement, the tenant (tenant) must notify the owner of the apartment in writing at least 3 months before the date of the proposed eviction.
2. Encumbrances arising as a result of the conclusion of contracts with a period of one year are subject to compulsory registration in the bodies of Rosreestr.

In addition, in the case of short-term contracts, the rules regarding the repair of the premises do not apply, since if rented for less than a year, the need for repairs may not arise.

With regard to the terms, the rule applies: if the tenant accurately paid for the apartment and did not violate his other obligations under the contract, he has the right to conclude a new one for the same period after the expiration of the contract. The owner of the apartment has the right to refuse him to conclude a new contract, but in this case he is obliged to refrain from renting out the apartment for a year. If during the year he rented the premises again, then the previous tenant has the right to demand through the court the termination of the new contract and compensation for the losses that he suffered due to the fact that he did not receive housing for a new period. However, in the case of short-term contracts, this rule does not apply: they may not be renewed.

Housing fee

The amount of payment under the rental agreement is determined by the parties themselves. However, Art. 682 of the Civil Code of the Russian Federation provides that the maximum amount of payment can be established by law. True, so far such rules have not yet been introduced in relation to commercial hiring, but the possibility of introduction in the future should be borne in mind.

Terms of payment of rent are also regulated by the contract. If the parties did not indicate anything on this subject in the contract, then the rule provided for by the Housing Code in relation to social hiring applies. In accordance with it, the monthly fee is paid no later than the 10th day of the month following the one for which payment is due.

In addition to the rent, the parties can also agree on payments for utilities. If this is not specifically stipulated in the contract, then electricity, water, heat supply, etc. are paid by the tenant.

Rights and obligations of the parties under the rental agreement

The obligations arising from the parties to the contract from the moment of its signing are:

1. For the landlord: provide a room suitable for habitation. If defects are found that the new tenant has not been warned about in advance, he has the right to demand that the owner of the apartment correct these defects, reduce the rent or reimburse the expenses that were required to eliminate these defects. Reimbursement is possible both by direct return of the corresponding amount of money, and by deducting these costs from the rent.
2. For the tenant (tenant): pay for the apartment on time, use the housing only for living and ensure its safety.

In turn, in addition to obligations, the parties also have certain rights. Some of the rights of the tenant (tenant) have already been mentioned above. In addition, the employer has the right to:

1. With a long-term contract (lasting more than a year), with the consent of the owner, rent out the premises or part of it under a sublease agreement.
2. Allow temporary residents for a period not exceeding 6 months. If a fee is not taken for their accommodation (that is, a sublease agreement is not concluded), then the consent of the owner is not required - only his notification is sufficient. However, the owner has the right to prohibit temporary residents from living if, as a result of their moving in, each person in the apartment will have less living space than provided for by the norms of this city.

The issue of using the premises for professional or entrepreneurial activity. On the one hand, part 2 of Art. 17 of the Housing Code of the Russian Federation allows such activity if it does not interfere with neighbors and other residents of the apartment; on the other - Art. 678 of the Civil Code of the Russian Federation directly provides for the obligation of the tenant to use the premises only for living. It seems that in this case entrepreneurial and professional activity the tenant will be allowed - but only if it is directly reflected in the contract, since Art. 421 of the Civil Code of the Russian Federation provides the parties with the opportunity to conclude even an agreement that is not provided for by law. In this case, however, we will already be talking about a mixed contract.

Liability under a rental agreement

The law provides for liability for both parties to the contract. But if the landlord (landlord) is only responsible for the transfer of premises of adequate quality and free from the rights of third parties, then the responsibility of the tenant is much more diverse.

By law, the tenant (tenant) is responsible:

1. For the safety of housing and its intended use. Responsibility for violation here is compensation for damage caused to the owner and the possibility of early termination of the contract through the court at the initiative of the owner of the premises.
2. For timely payment. Responsibility here will be the payment of interest at the rate of the Central Bank of the Russian Federation for the entire time of delay, as well as the possibility of judicial termination of the contract if the payment is not paid for 6 or more months (for a short-term contract - 2 times in a row).
3. For the actions of persons living in the apartment with the tenant, as well as temporary residents. The owner of the apartment is not interested in who committed the violation - the tenant will still be responsible.

We’ll make a reservation right away: this article will focus specifically on the contract for the commercial rental of residential premises, which is regulated by chapter 35 of the Civil Code of the Russian Federation and partly by chapter 5 of the Housing Code of the Russian Federation, that is, about renting an apartment individual. There is a difference in the law between a lease agreement (which is concluded with an individual) and a lease agreement (which is concluded with a legal entity). However, in ordinary speech, the established word "rent" is used. Therefore, in this material, for simplicity, we will use both terms - "hiring" and "rent" - as equivalent.

Documentation

In no case do not hesitate to ask the owner of the apartment to provide a complete package of documents:

• passport;
• a certificate of registration of ownership of the apartment is required;
• additionally: paid receipts for utility bills (to make sure that there are no debts on them) and an extract from the house book about persons registered on the living space.

If the apartment has several owners, then the consent of one of them is not enough, you need to get the consent of all. Three scenarios are possible:

1. Attach the written consent of all co-owners.
2. One co-owner concludes an agreement with a power of attorney from others.
3. At the conclusion of the contract, all owners are present in person (then the contract states that the apartment is rented out simultaneously by all owners).

Written consent is also required from people who are not owners, but registered in the housing. Otherwise, they can claim their rights at any time, and you will have to urgently look for new housing.

Since we are talking about renting an apartment, it means that the tenant is an individual. So he needs to bring his passport with him. If you are going to live in an apartment not alone, then the passport details of the second (third, fifth) tenant are also required.

The real estate lease agreement is subject to state registration. Except for a contract concluded for less than a year.

Term

An employment contract can be short-term (up to one year) and long-term (from one year to five years). If the contract does not say a word about the term, it is considered to be concluded for a maximum period of five years. The main difference between long-term and short-term contracts is the conditions for evicting tenants.

Short term contract

The owner can prescribe a period during which the contract can be terminated by the parties ahead of schedule. If such a period is not specified, he does not have the right to evict tenants before the end of the contract. But at the end of this period, the owner himself decides whether to continue renting the apartment to the same tenants or to look for others.

Long term contract

It is much more difficult for the owner to part with the tenants. At the end of the term of the contract, the landlord cannot simply move someone else into the apartment: if he did not notify the tenant of his desire at least three months before the end of the contract, it is considered that the contract is automatically extended on the old terms.

If the landlord says he no longer plans to rent out the property, then the tenants must move out. But in this case, he actually cannot rent an apartment for at least a year, otherwise the previous tenants have the right to go to court and demand damages.

Unlike the landlord, the tenant can terminate the contract at any time without giving reasons.

Condition of the apartment and property

Repairs and improvements

The burning question: who does the repairs? Typically, the agreement contains a wording that “after the expiration of the lease agreement, the tenants undertake to return the premises in the same form in which it was provided.” Therefore, the contract should immediately indicate what can be changed in the apartment and what is not.

In addition, without the consent of the owner, tenants do not have the right to reorganize and reconstruct the dwelling. For example, during repairs, you can’t just take and demolish an interior partition or expand a doorway.

If repairs can be carried out, then be sure to specify in the contract by how much the rent should be reduced. If there is no instruction, it is possible that you will repair everything yourself, and the owner will simply refuse to reimburse your expenses.

All current repairs and expenses on it are on the shoulders of the tenant. He not only maintains order in the apartment, but is also responsible for the safety of property.

Major repairs must be carried out by the lessor, and all expenses are borne by him (unless otherwise specified in the contract). If the landlord does not show interest in major repairs when it is required, then the renter has the right to:

• independently produce overhaul stipulated by the contract or caused by an urgent need, and to recover its cost from the lessor;
• demand a corresponding reduction in rent;
• demand termination of the contract and compensation for damages.

When you are renovating or buying something new for a rented apartment, saying legal language, you make improvements. They may be separable or inseparable. For example, if the tenant installed an air conditioner or water heater at his own expense (and the landlord did not reduce the rent or refund their cost), he has the right to take them with him.

Inseparable improvements, such as new wallpapers, cannot be taken with you without damaging appearance apartments. Therefore, the tenant may demand reimbursement of their cost when the contract expires. But the claim will be satisfied if the contract states that the landlord did not object to this improvement.

Property condition

The landlord is obliged to provide the tenant with property in good condition. This means that if something prevents you from using the apartment, then the landlord must eliminate this reason at his own expense. Even the one that he did not even suspect at the time of renting the apartment. For example, you settled in and were surprised to find that all the pipes had rotted for a long time and it was simply impossible to wash in the shower. The landlord must remedy this shortcoming in as soon as possible and absolutely free. If he does not do this, you can either eliminate the cause yourself and demand reimbursement of the costs, or terminate the contract.

Attention: the landlord must eliminate at his own expense only those shortcomings that neither he nor you knew about.

If, when inspecting the apartment, you saw that something was not working there, or you were warned about this in advance, then it is your right to agree to such a condition or look for a better option.

Lawyers also recommend that, in addition to the contract, draw up an act of accepting an apartment. It prescribes the condition of furniture, plumbing, floors, windows and everything else. Subsequently, this will help to avoid disputes about the quality of repairs and furniture. Of course, in an apartment with old Soviet furniture and without appliances, this can not be done. But the owner, renting out housing with expensive furniture and appliances, is interested in having all the property returned to him in proper condition, so he can even attach photographs of the property and checks confirming its value. Natural depreciation is, of course, taken into account. But for a broken TV screen, the tenant will have to pay.

Pay attention to such a thing as "joint and several liability" if you rent an apartment with someone in a clubbing. If the contract does not provide for a clause on joint and several liability, then the one who concluded the contract will bear all responsibility. That is, if your negligent neighbor breaks something, and only you are responsible in the contract, then it is you who will have to pay.

Rent

The contract defines the procedure, conditions and terms for making the rent. If there are no special instructions about this, then they are considered to be similar to those usually applied when renting such a property: in the case of an apartment, this is a fixed amount of payment made every month.

If the landlord asks you to immediately pay a fee for 2-3 months in advance or a deposit, this must be specified in the contract.

The document should also indicate how often and to what extent the landlord can increase the rent. In practice, rents are usually fixed once a year up to 10% of the initial cost. But all this is at the discretion of the parties.

If such a clause is not included in the contract, the landlord still has the right to increase the rent, but this can be done no more than once a year. Moreover, he is obliged to notify the tenant of this in advance in writing. If the new conditions do not suit him, he can withdraw from the contract unilaterally.

The tenant also has the right to demand a reduction in the rent if, due to circumstances beyond his control, the conditions of the leased premises have deteriorated.

Additionally

Talk to the owner about all the details. You will most likely meet frequently. He is worried about his apartment, you are worried about the quality of living, so learn to negotiate and write down all verbal agreements in the document.

Not often, but it happens unpleasant situation: sometimes owners like to come in without warning, even in the absence of tenants and several times a month. This is a reason to terminate the contract with reimbursement of the tenant's expenses for moving. To avoid such a situation, simply add one line to the contract about how often the owner can visit you, whether you need to warn you about this in advance, and point out the prohibition of spontaneous visits in your absence.

Find out how the landlord treats guests, animals, and indicate this in the contract.

Only by agreeing and fixing all the details that matter, both parties will be able to live without conflicts and without unnecessary anxiety.

Termination of the contract through the court

We have already said that it is not easy for a landlord to part with a tenant, important role plays the form of a contract. But the tenant has the right to terminate the contract at any time, but with one condition: he must notify the landlord of his desire for three months in writing.

But sometimes it’s impossible to agree on a human level, and for one of the parties there is only one way out - to seek justice through the courts and terminate the contract.

At the request of the lessor, the contract may be prematurely terminated by the court in cases where the lessee:

• uses the property with a material breach of the terms of the contract or with repeated violations;
• significantly degrades the property;
• fails to pay rent on time more than twice in a row;
• does not carry out capital repairs of the property within the terms specified in the agreement, if under the agreement capital repairs are the responsibility of the tenant.

The landlord can terminate the contract through the court only if he demanded in writing that the tenant eliminate the violations.

At the request of the tenant, the lease agreement may be prematurely terminated by the court in cases where:

• the lessor does not provide the property or creates obstacles preventing the full use of the property;
• the property has defects that were not specified by the lessor at the conclusion of the contract, were not known to the lessee in advance and could not be discovered during the inspection of the property;
• the lessor does not carry out capital repairs of the property within the contractually established or reasonable terms;
• property due to circumstances beyond the control of the tenant, in a condition unsuitable for use.

Upon termination of the lease agreement, the tenant is obliged to return the property to the lessor in the condition in which he received it, taking into account normal wear and tear or in the condition stipulated by the agreement.

In conclusion, let us dwell on two more important points.

If the landlord donates or sells the rented property, this does not terminate the lease agreement. In other words, when a person comes and says: "Move out, I'm selling an apartment" - this is illegal. The change of ownership does not entail the termination of the tenancy agreement.

If necessary, you can change the tenant (tenant). That is, if the contract is concluded for the husband, and he, for example, leaves for North Pole on a long business trip, then with his consent, you can change the tenant to his wife. At the same time, the contract remains the same, the same conditions, the period continues to run and is not reset. But this can save you from red tape if any problems arise (for example, if you have to terminate the contract or collect something through the court).

When renting or renting an apartment by the day or for a long period, it is necessary to conclude an appropriate contract.

This - at first glance - formality protects the rights of the participants in the transaction, and in the future may become a decisive document in the event of a conflict situation.

An apartment rental agreement is an agreement under which the owner provides the other party with an apartment for a certain fee for a limited period of possession and use. Usually the document is drawn up in two copies, one of which is kept by the landlord, the other - by the tenant. Who needs it?

Some owners who rent an apartment by the day without intermediaries do not conclude contracts. For some reason, they believe that a real lease document can only be drawn up in a real estate agency, always with beautiful seals and logos. In fact, an apartment rental agreement concluded between two individuals is also an official paper and has the same legal force as an agreement concluded through the mediation of real estate firms.

The apartment rental agreement between the landlord and the tenant is drawn up in a simple written form and does not require notarization, but the parties can do this if they wish. If the apartment is rented out only on the basis of verbal agreements, then soon both parties may have problems. The tenant will not be able to register his place of temporary residence with the internal affairs bodies, there will be no evidence of the legality of his stay in the rented apartment, and the owner may “forget” that he rented the apartment to this particular person and evict him. In turn, the landlord, who neglected the formalities, also runs the risk of losing money. There is a possibility that the tenant will spoil (take out) the property from the rented apartment, flood neighbors, invite numerous "poor relatives" to live, sublease the apartment, etc. So drawing up an apartment lease agreement is necessary both for the landlord and for employer.

The main points of the contract

So, when drawing up and signing an apartment rental agreement, pay special attention to the following points:

• - the subject of the contract;
• - address of the apartment/room, its dimensions;
• - details of the parties (surnames, names, patronymics, passport data, registration at the place of residence);
• - a link to a document confirming the right (ownership or lease) of the landlord to the leased housing;
• - information about the tenants who have received the right to live in the rented premises: about the tenant and members of his family or other persons;
• - the amount and procedure for paying the rent;
• - responsibility of the parties;
• - the date of delivery of the apartment and the procedure for extending the contract of employment; date of signing the document.

In addition, an integral part of the apartment lease agreement is the act of acceptance of the apartment, as well as an inventory of the property located in the apartment. Both parties are interested in drawing up the inventory. The owner receives a guarantee that for damage material assets he will be compensated for his losses. And the tenant insures himself against unfounded claims. In the document, the rental rate is best indicated in currency ($, euro), with the addition of the phrase "at the rate of the Central Bank of Russia on the day of payment." Otherwise, the payment amount will "float" depending on the currency quotes.

Another important point is who will receive the payment. Usually this is the owner of the apartment. If the apartment is owned by several persons, then the contract must indicate to whom the tenant can transfer money. There are cases when, after the expiration of the lease agreement, the owners of the apartment received bills for large sums for telephone calls.

Finding former tenants and making them pay damages in this case is difficult. Therefore, it is necessary to take a deposit from the tenant in advance for the use of the telephone (and indicate this in the contract!), And then return the money, making sure that there is no debt. Particularly noteworthy is the paragraph "Responsibility of the parties", which spells out the duties that are especially important for both parties. The tenant must guarantee the safety of the apartment, timely payment of the rent, and after the expiration of the rental period of the apartment, vacate the premises and return the property intact. In addition, without the consent of the owner, the tenant is not entitled to sublease housing and make redevelopment.

For its part, the owner must provide the apartment to the tenant on time in a condition suitable for living. And for unplanned early eviction, the landlord will be required to pay a fine to the tenant in the amount of one or two monthly fees.

CONTRACT №_

rental of residential premises

Gr.__________________________________________ hereinafter referred to as the LESSOR, on the one hand and

Gr.__________________________________________ hereinafter referred to as the LESSEE, on the other hand, have concluded this agreement as follows:

1. THE SUBJECT OF THE AGREEMENT.

The LESSOR transfers for use to the LESSEE for a period of _________ residential premises with a total area of ​​________ sq. m.

"19 ______. St. Petersburg. _______________________________________________,

house.________building.._____________. sq. _______. belonging to the LESSOR on the basis of:

and the LESSEE undertakes to pay the fixed rent.

2. RIGHTS AND OBLIGATIONS OF THE LESSOR.

2.1. Provide for use to the LESSEE the specified residential premises suitable for living no later than _________________ days from the date of signing the contract

2.2. Provide the LESSEE for use with his property located in this residential premises, in a condition corresponding to its purpose and the terms of the contract.

2.3. Responsible and at his own expense to eliminate the shortcomings of the leased property that impede the use of it, even if at the time of the conclusion of the contract he did not know about these shortcomings.

2.4. Do not exchange, sell or perform other actions leading to a change in the owner of this residential premises during the term of the contract.

2.5. Agree on the rental of housing specified in paragraph 1. of this agreement with the person or persons entitled to use this premises, ensure their written consent to the lease and present it to the TENANT.

2.6. The LESSOR has the right to periodically inspect this premises (the time of inspection is set by prior agreement of the parties), but not more than once a month, as well as stay in the premises without agreement with the LESSEE to eliminate accidents that occurred in the absence of the LESSEE, in order to avoid damage to the above premises and premises in the neighborhood.

3. RIGHTS AND OBLIGATIONS OF THE LESSEE.

3.1. Use the specified premises, maintaining engineering and other equipment, including furniture, in good condition, ensuring their safety.

3.2. To pay the rent for this dwelling within the terms specified in clause 4.3.

3.3. Timely pay for long-distance and international telephone calls.

3.4. Individual improvements made by the LESSEE are his property. In the event that the LESSEE has made inseparable improvements at his own expense and with the prior consent of the LESSOR, without harm to this premises, he has the right to compensation for the cost of the improvements, predetermined by agreement of the parties, unless otherwise provided by the contract. The cost of inseparable improvements made by the LESSEE without the consent of the LESSOR is not subject to reimbursement.

3.5. The LESSEE is obliged to compensate for material damage caused to the property or premises through his own fault or negligence, or the fault or negligence of persons living with him or guests.

3.6. The LESSEE has no right to sublease this premises, unless it is stipulated in a special agreement with the LESSOR.

3.7. Upon the expiration of the term of the agreement, hand over the leased premises to the LESSOR, having made a full payment and release it no later than _______ days from the date of termination of the agreement.

4. ORDER OF PAYMENT.

4.1. The LESSEE pays the rent in the amount of ________________ USD per month.

4.2. As an advance payment, the LESSEE pays rent for _____________________months in the amount equivalent to _______________________________US dollars. The advance payment is made simultaneously with the signing of the Agreement.

4.3. The rent is paid by the LESSEE within the terms specified below.

• Paid (from - to)
• Sum
• Signature
• Paid (from - to)
• Sum
• Signature

4.4. The LESSOR has no right to change the amount of the rent during the term of the agreement, without the consent of the LESSEE.

4.5. All amounts specified in the agreement in US dollars are converted into rubles on the day of the payment at the exchange rate of the Central Bank of Russia.

4.6. Payment utilities made at the expense of _______________________________________

5. PROCEDURE FOR ACTION, AMENDMENTS AND TERMINATION OF THE AGREEMENT.

5.1. This agreement comes into force from the moment of signing. The term of the contract is from "__"________" ____ to "____"_______________"_______. The contract is drawn up and signed in 2 original copies, which are in the hands of the parties.

5.2. The LESSEE, who duly fulfilled the obligations under the contract, has a priority right over other persons to renew the validity period, by agreement of the parties, or in the event of early termination by one of the parties.

5.3. In case of violation by the LESSOR of paragraph 1. or refusal to rent out the living space after signing this agreement, the LESSOR pays the LESSEE the rent received by him in full and a fine in the amount of: ______ monthly fee..

5.4. In case of early termination of the agreement at the initiative of the LESSOR without violation of the terms of the agreement by the LESSEE, the first one pays the received rent in full, minus the amount for the actual rent of the living space and a fine in the amount of ____________ monthly fee.

5.5. In case of violation by the LESSOR of clause 2.4. The LESSOR pays the LESSEE the rent received by him in full, minus the amount for the actual rent of the living space and a fine in the amount of ________ monthly payment.

5.6. The LESSEE, in case of non-compliance with the terms of this agreement on his part or in case of early termination of the agreement through his fault, pays the LESSOR a fine in the amount of ____________________ monthly fee. In this case, the amount received by the LESSOR as a rent is returned to the LESSEE in full, minus the amount calculated for the actual rent of the premises.

5.7. The Agency does not assume any obligation to resolve disputes between the parties. Disputes under the contract are resolved by the parties through mutual negotiations, and if no agreement is reached in arbitration or people's court where, if necessary, the agency may be invited as a witness.

6. MISCELLANEOUS.

6.1. A telephone number (separate, with a blocker) is installed in the rented premises.

6.2. Issues not reflected in the contract are resolved in accordance with the current legislation of the Russian Federation.

6.3. The LESSOR, if necessary, appoints ________________________________

responsible for the implementation of this agreement.

6.4 Together with the TENANT the following people will live in this room:_________________________________

6.5. Special conditions:

7. DETAILS AND SIGNATURES OF THE PARTIES.

LESSOR

Passport series issued __

Passport serial number

registered_

TENANT

Passport series issued __

Passport serial number

registered_

tel. dom./sl. ____________________

The parties are familiar with the rules for the use of residential premises, maintenance of a residential building and adjacent territory in the Russian Federation. The parties have read the agreement and fully agree with its contents.

LESSOR____________________

TENANT____________________

“_____”____________________200

In accordance with Russian legislation, citizens of the Russian Federation who own any real estate have the right to rent or rent it. The procedure for drawing up and concluding the relevant agreement depends on which persons are involved in the transaction (individuals or legal entities).

However, the owners of housing often do not consider it necessary to conclude an apartment lease agreement with the other party (the tenant), although this document would allow them to avoid various contradictions, which are often resolved only in court and inevitably arise between the landlord and the tenant.

Most topical issue, resolved by concluding a contract for the rental of residential premises, is the number of people living in a rented apartment. Also, when renting an apartment, it is very important to formally determine in advance the actions and responsibilities of the parties in case of various emergencies.

In addition, if you are planning to rent an apartment, it is not uncommon for its owner to warn that he can visit you with “checks” at any time. This is a direct violation of your rights as a tenant!

Next important point are unforeseen circumstances that may suddenly arise for one of the parties. Suppose you have agreed with the landlord to rent a dwelling for six months. A couple of months pass and you suddenly receive a call from the owner of the apartment, demanding to vacate the premises within two days, since his daughter is getting married, and now she will live with her husband at this address. What to do in such a situation? Sign a rental agreement in advance!

The contract of renting an apartment from a legal point of view

A tenancy agreement, which people who are unfamiliar with legal terminology call an apartment lease agreement, is a mutual paid and consensual agreement concluded between the owner of a dwelling or a person authorized by him (landlord) and an individual who wants to receive this dwelling for possession and use for living in it for a fee and for a certain period (hereinafter referred to as the tenant).

The object of such an agreement is an isolated residential area suitable for permanent residence. Such premises include: a residential building, an apartment, part of a residential building or an apartment.

The apartment lease agreement provides for mutual obligations of the parties. Consider the main responsibilities assigned to the landlord of the premises:

1. For a certain fee, the landlord undertakes to provide the tenant with free living space for possession and use, while the rented premises must be in a habitable condition.
2. The landlord undertakes to carry out the operation of the residential building where the rented housing is located in accordance with the relevant requirements.
3. The landlord undertakes to provide the tenant with the necessary utilities.
4. The landlord undertakes to ensure repair work common property of the house and devices of the dwelling for the full provision of public services.

As for the second party (employer):

1. The living space must be used exclusively for living.
2. The tenant of the premises is obliged to ensure its safety.
3. The tenant undertakes to maintain the premises in good condition.
4. Reorganization and reconstruction of the residential premises by the tenant is carried out exclusively with the consent of the landlord.
5. The tenant undertakes to timely pay the established fee for the use and possession of residential premises.
6. The tenant undertakes to independently make monthly utility payments, unless the tenancy agreement provides otherwise.

How to draw up a rental agreement for an apartment

Depending on the term, there are two types of contracts: short-term and long-term. A short-term apartment lease agreement is concluded for a period of up to 1 year, and a long-term one - up to 5 years. If the contract does not stipulate the terms of its validity, then the contract is considered concluded for 5 years.

A typical apartment rental agreement, a sample of which is published on the official website of ready-made forms, you can download here:

1. Long-term rental agreement for residential premises - download.
2. Short-term rental agreement for residential premises - download.

At mutual agreement parties to the terms of the contract may be amended or supplemented.

What you should pay attention to when signing an apartment lease agreement

Before signing an apartment lease agreement, a potential tenant needs to make sure that the owner of the residential premises is legally qualified, that is, the landlord is obliged to submit title documents, according to which the apartment belongs to him. This may be a certificate of ownership of a dwelling, a contract of sale, an exchange agreement, a donation agreement, or a court decision on the ownership of this real estate.

If the residential lease agreement is signed by a representative of one of the parties, then in order to confirm his eligibility, the authorized person must attach a written authorization (power of attorney). It is important that the competence of such a representative includes the right to sign a contract of employment and receive rent.

If the landlord is a person who has not reached the age of majority, then in order to conclude a tenancy agreement, appropriate permission will be required on behalf of the guardianship and guardianship authority.

As a rule, an apartment lease agreement is concluded for no more than 5 years. In accordance with the current legislation, an agreement concluded for a period of more than one year is subject to state registration.

"Insurance deposit will protect against losses"

It should be noted that in many cases the rental of residential premises is not complete without a security deposit or cash deposit. What is it for? This amount is a kind of insurance (compensation) against possible damage caused during the operation of housing. Also, the expense of the advance amount occurs in case of unforeseen circumstances. For example, the tenant moved out of the rented apartment and obviously did not notify the landlord about this, in which case the owner has the right to take the insurance deposit paid into the account last month rent.

The insurance deposit protects the landlord of the premises from material losses, increases the level of responsibility of the parties to the contract and the security of the terms of the transaction. As a rule, the size of the deposit is equal to the amount of the monthly rent, but its value directly depends on certain conditions. Agree, if the “fugitives” leave you huge bills for the phone, then a security deposit in the amount of a monthly rent will obviously not be enough, and finding a tenant who has not paid and bringing him to justice in court will cost you even more.

You must be aware that the size of the security deposit directly depends on the liability that it provides. Therefore, an indication in the tenancy agreement of the procedure for making and returning a deposit is a must!

Who benefits from concluding an apartment lease agreement

Based on the above, it can be concluded that the tenancy agreement is beneficial both to the landlord (the owner of the apartment), since the property belongs to him, and the agreement is a guarantor of compensation for damage caused to property, and to the tenant, because the apartment rental agreement ensures the quiet living of the tenant and protection of his rights in case of violation by the landlord of the established requirements.

Registration of an apartment rental agreement

Registration of an apartment lease agreement is a procedure aimed at legitimizing this transaction. It should be noted that registration of a lease agreement is optional if the agreement is executed properly. However, there are certain circumstances that make it necessary to obtain “state approval”. Such cases include:

1. The lease of the premises is issued for a period of more than a year.
2. The parties to the contract are legal entities (or at least one of the parties acts as a legal entity).

Registration of an apartment lease agreement is accompanied by making an appropriate entry in the Unified State Register of Rights, after which the document becomes legally binding. Registration of the contract protects your rights and interests, and also confirms the legitimacy of the transaction.

In order to register a simple apartment lease agreement, one of the parties must submit an appropriate application, attach a registration payment receipt, two copies of the premises lease agreement (or more, depending on the number of parties to the agreement) and an explication of the premises, which can be order for a fee at the technical inventory bureau.

Registration of such an agreement is desirable if:

1. You don't trust your tenants too much.
2. You need to periodically leave the city in which you rent out a dwelling.
3. You do not have enough time to control the safety of the rented housing.
4. You want to insure against unpleasant consequences.

As for tenants, the only thing that is required of them is a signature in the contract, but if the tenant refuses to register the document, this is already a reason for the owner of the apartment to think.

It's worth looking out

When concluding a rental agreement, be vigilant if:

The cost of living space is much lower than its market value. As a rule, you can find cheap rental housing only “by acquaintance or kinship”, in other cases such an offer is another reason to be wary.

The owner of the premises rushes the process of concluding an agreement and transferring money, while not insisting on a detailed inspection of the apartment. In such a situation, any hasty decision can lead to disastrous consequences for the employer. Having hastily concluded the contract, you miss the opportunity to make claims to the owner of the apartment about inappropriate living conditions. Signing the contract and transferring money - final stage deal processing. First of all, pay due attention to the condition of gas equipment, electrical wiring, plumbing, door locks furniture, serviceability of electrical appliances and household appliances and the general condition of the apartment. Additionally, in the contract you can make a list of household appliances and furniture, their degree of deterioration, condition and functionality.

Certify the certificate of transfer of money with a receipt. Financial calculations are an essential attribute of all rental housing transactions - the transfer Money from the tenant to the owner of the dwelling. Based on the current legislation, issuance of receipts is recommended in case of settlements exceeding the amount of 10 minimum wages, however, in practice, the presence of a receipt is desirable for smaller amounts. Agree, defending your interests is much easier and more efficient if they were documented, especially since the receipt has legal force, and is also irrefutable evidence of mutual settlements.

The receipt is very simple to draw up and, as a rule, does not require notarization. It is enough for the parties to indicate their passport data, addresses of registration and actual residence, the amount of money and the subject of payment.

Fraudsters are counting on your inattention

The haste and inattention of clients interested in housing plays into the hands of unscrupulous landlords, so spend as much time as possible studying the personal documents of the owner of the apartment, title documents, according to which the apartment belongs to the owner, the legal relationship "landlord-tenant", as well as the rules for financial settlements.

Summarize

The residential lease agreement fully regulates the most important legal relationship between its parties - the tenant and the landlord. The duration of the lease agreement for residential premises affects the formality of its conclusion (short-term or long-term), as well as the need to register with the USRR.

The landlord and the tenant have the right to protect themselves from negative consequences by checking documents, concluding an apartment lease agreement, registering with the USRR, making an insurance deposit, as well as making financial settlements in writing.

The apartment lease agreement acts in the interests of both parties, establishes mutual responsibility and provides all necessary guarantees.

Sergey Prezhevalsky, rmnt.ru