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Contract for renting a room in an apartment. Sample

Contract for renting a room in an apartment. Sample

18.10.2019

Last modified: January 2019

The issue of housing is always relevant, especially when a person comes to another city. It is good if the visit is short and there is an opportunity to stay with friends. In other cases, you have to look for a place either for an overnight stay or for living in comfortable conditions. Staying in a hotel or renting an apartment is not always advisable, and financially this option is not suitable for everyone. The most popular solution is to rent a room. The agreement may be verbal, but if the parties want to protect themselves, it is better to draw up a room rental agreement. The document regulates the rights and obligations of both parties, saves from many disagreements and gives mutual guarantees. This is important in cases where a person intends to use housing for a long time.

Renting a room is cheaper than renting an apartment. In addition, it can often be rented for a short period, while the owners do not require a deposit, or it is equal to the cost of 1-2 days of stay.

But we must be prepared for the fact that we will have to share space with strangers and establish contact with them. If not the whole room is rented, but a bed in a room for several people, you can forget about privacy. But even if the tenant is the only tenant, he will have to interact with the owners or tenants of other premises.

The legal issues of rental housing are regulated by the Housing and Civil Codes. The content of the lease agreement varies depending on different nuances. The form of a standard contract for renting a room in a hostel differs from an agreement for renting a room from an individual.

However, the text of the document must prescribe:

place and date of compilation;
information about the parties to the agreement: when concluding an agreement between individuals - the full name and passport data of the parties, if the lessor is a legal entity - the full name;
information about the leased object;
terms of lease and the possibility of their extension;
the amount of the rent, the procedure for its payment and the conditions for changing it;
rights and obligations of the parties;
the procedure for paying utility bills and current expenses, for example, repairs;
the procedure for early termination of the agreement, especially if the lease is for a long period.

The position on the rights and obligations of the parties can vary greatly. Of course, it is unlikely that it will be possible to foresee all possible problems, but it is advisable to write down the main points in order to avoid disagreements in the future.

This includes:

living together with the tenant of other persons;
the procedure for using general-purpose places: a corridor, a bathroom, a kitchen;
the right of the tenant to use the equipment of the owners (refrigerator, washing machine, etc.);
the ability to keep pets;
the responsibility of the tenant in case of damage to the property of the owner of the property;
prohibitions: noise, late arrival, unauthorized alteration of the interior of the room, smoking, drinking alcohol, etc.
other important conditions for the parties.

If the premises are rented with furniture and appliances, it is advisable to list them and describe the condition so that there are no mutual claims in the future. In addition, lawyers are advised to conclude a contract in the presence of witnesses.

It must be remembered that a contract with a lease term of more than a year must be registered.

Renting a room in an apartment

If the person renting the room is the sole owner of the apartment, no additional permits are required. If there are other owners besides him, you should obtain their consent to live in the apartment on the leasehold rights of a third party.

There is a difference in renting a privatized and non-privatized room. If the room is not privatized, the landlord is an authorized body acting on behalf of the state or municipality. Before that, you must obtain permission to move in from the municipal authority that owns the housing.

In addition, if a non-privatized room is rented, the consent of other residents of the communal apartment is required. Otherwise, upon receipt of complaints, the rental of housing will be declared illegal, and the tenant will be immediately evicted.

Renting a privatized room is much easier. In this case, the contract is concluded between individuals, the consent of the neighbors in the communal apartment is not required. It is necessary to obtain permission only from those who are registered directly in the rented premises.

By law, the owner of a hostel is not an individual, but state or municipal entities or commercial organizations. There are also dormitories where the rooms are privatized by the tenants. The peculiarities of renting are largely influenced by who is the owner of the rented housing.

If the housing stock is the property of an educational institution or an employer organization, only persons connected with the owner by certain relations (labor or educational) have the right to rent a room.

If a person ceases to work in a company or study at a university that provides housing, he automatically loses the right to reside there. In case of detection of persons residing illegally, the administration has the right to evict them immediately. Also a prerequisite is compliance with the internal rules of the hostel. Often in student dormitories, not a whole room is provided for living, but a bed. At the same time, the area for each person must be at least 6 sq.m.

At the same time, renting a dorm room often gives tenants more rights. They are guaranteed housing. In the absence of violations of internal rules, the landlord cannot evict them. When housing is provided by the employer, the employee's family often has the opportunity to live with them. Small pets are allowed, which not everyone, even a liberal, apartment owner will agree to. Arising household problems are also assumed by the landlord.

Recently, commercial dormitories have appeared. Renting a bed in them essentially does not differ from renting a bed in hostels or hotels, but it costs less.

When the dormitory is transferred to another owner, previous lease agreements are automatically canceled and require a re-conclusion.

Renting a privatized room in a hostel is similar to renting a room in a communal apartment.

Despite the fact that the lease of real estate for a period of less than a year allows for an oral form, it is desirable to conclude a written contract, which will serve as a guarantee of compliance with oral agreements for both parties.

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The object of the agreement when hiring is most often houses or apartments. However, in practice there are cases when a separate room can also become the subject of the contract. The procedure for renting such an object has some distinctive features. But in any case, a room rental agreement must be concluded.

Lease relations with real estate are governed by the rules established by the Civil Code of the Russian Federation.

Quite often, people who do not have family or family ties can live together in an apartment. In this case, we are talking about a community building. Living in such an apartment has its own distinctive features, similar to living in a hostel. First of all, it concerns the rights of people. Each of them in this case disposes only of the living room that he occupies. For common areas, such as the kitchen, bathroom, bathroom and common corridor, this rule does not apply. That is, everyone has the right to use these premises on equal terms.

The same principle applies in cases where a room in a communal apartment becomes the subject of a lease. A person manages the occupied space individually, and has free access to other general-purpose premises.

Is the consent of neighbors required?

The tenant of a separate room most often lives in an apartment not alone. This fact may affect the order in which the procedure is implemented. In this case, the status of the rest of the residents matters. It may be different. That is, people can live in communal housing and each own their own room or have a share in a common apartment. Due to these circumstances, there is another condition that must be met. This is the consent of the neighbors. If the landlord owns exactly a separate room, then positive answers from other tenants are not required, it is possible to rent the premises in this way, since in this case, the owner has the right only to part of the premises. The common areas in such an apartment do not belong to anyone.

In turn, the shared right to housing entails the need to obtain the consent of other people. This rule applies in this case, since the landlord has free access to any room of the apartment. Accordingly, the presence of an outsider will create certain inconveniences for people who are not with him, for example, in kinship or family relations. Therefore, the consent of other tenants will be required without fail. Otherwise, the tenant will not be able to move into the room.

Preparation of contract

Renting a room implies the need to conclude an agreement. The basis for the execution of the agreement is the appeal of the interested person to the owner of the room. It can be both written and oral.

In this case, the law gives a person the right to choose. Although some owners require such an application.

The contract itself does not have a clear model that is mandatory for use by the parties. It is in any form. Although it is allowed to use a printed form. At the same time, its content must comply with the requirements of current legislation.

The text of the agreement states the following:

Date and place of conclusion of the agreement.
Subject of the contract.
The cost of the transaction and the procedure for mutual settlements.
Rights, duties and responsibilities of the parties.
Contract term.
Reasons for early termination of a relationship.
The right to take legal action.
Bank details and signatures of the parties.

The text is drawn up using technical means of typing or by hand. The document is certified by the seals of the parties to the transaction, if any. Paintings must be affixed to each page of the contract. This will avoid falsifying the terms of the agreement.

Since the subject of the investigation is a real estate transaction, it must be registered with the state authority. This condition is set out in Art. 609 of the Civil Code of the Russian Federation. In the text of the document, you can not use phrases and words that degrade human dignity, as well as profanity. Any corrections are not allowed. Errors and inaccuracies can only be eliminated by drawing up an additional agreement to the contract.

What conditions to provide?

The agreement must include conditions that are binding. Without them, the agreement will be invalid. These include: the cost of the contract and the procedure for mutual settlements, the validity period, the subject of the transaction. Also, the parties, at their discretion, may include other conditions.

Settlement procedure

The cost of the transaction and the procedure for making mutual settlements are classified by the current legislation as one of the essential conditions of the lease agreement. In this case, the amount of payment must be reflected in the text of the document in the form of numbers, as well as in words. Its size is determined by the parties to the transaction. Calculation options are specified in Article 614 of the Civil Code of the Russian Federation.

The tenant of the room can pay in the following ways:

Pay a specific amount determined by the terms of the agreement, at a time or at intervals established by the parties to the transaction. At the same time, it is additionally possible to develop a payment schedule, which will be an annex to the contract.
Transfer a percentage of the profit for the use of the rented premises.
Provide services to the owner.
Transfer any property to the owner.
Improve the quality of rental property.

Payment methods can be combined. This is decided by mutual agreement of the parties to the transaction. The amount of payment for the use of the room may vary by decision of the parties. But such amendments are allowed no more than once within twelve actual months.

The tenant has the right to demand a reduction in the amount of payment if the operating conditions or the quality of the premises themselves have become worse due to circumstances beyond the control of the resident.

If the user violates the calculation procedure, then the owner can receive the money ahead of schedule. Such a right may be exercised no more than two consecutive periods.

Validity

Another prerequisite is the duration of the contract. It is negotiated by the participants in the transaction and must be indicated in the text. If such a period is not established by the parties, then the contract is considered concluded for an indefinite period. In such a case, each of the participants may terminate the relationship at any time. In this case, the initiator must inform the other party of his intention no later than three actual months before the planned date of cancellation of the contract.

Other conditions

The parties to the transaction have the right to determine, by mutual agreement, other terms of the contract that they consider significant. This includes, first of all, the responsibility of each participant. They represent measures of influence that can be applied to a party that violates the terms of the agreement, for example, a fine, a penalty, the elimination of damage caused. The agreement also includes the rights and obligations of the parties, the procedure for its termination and the possibility for each participant to resolve the dispute in court.

Contract form

In accordance with the requirements of the law, a lease agreement must be concluded in writing, without fail, if one of the parties is a legal entity or the term of the agreement exceeds twelve actual months. In this case, the determining factors are: the duration of the transaction and the status of one of its participants. In this case, the written form will take place in the presence of at least one of the specified circumstances.

Attachments to the contract

An agreement on the temporary use of a room always has certain applications.

These include not only the schedule of payments for the rented premises. The act of acceptance and transfer of the room, as well as an inventory of the things in it, can also act as an application. In this case, both of these applications can be combined into one.

Transfer-acceptance certificate

The act of acceptance and transfer of the room is drawn up in order to describe the condition of the transferred premises. The current legislation does not establish a sample of such a document. It is compiled in any form, but it still needs to be done correctly.

The text states the following:

Date and place of compilation.
Full name of individuals or names of companies, documents on the basis of which the parties act.
Location address of the premises.
Its detailed description - area, condition, the presence of sources of increased danger. The latter includes gas, electricity, heating.
Tenant rights.
The number of copies of the act.

The drawn up document is certified by the signatures and seals of the parties, if any. The act is drawn up in two copies, one for each participant in the transaction.

Inventory of things

Another annex to the room rental agreement may be an inventory of things in it. It can be included in the acceptance certificate, as a separate section, or issued as a separate document. The standard sample, which must be used without fail, is not approved by the current legislation. The inventory is drawn up arbitrarily, taking into account the requirements of general regulatory legal acts.

In particular, the document states:

Date and place of issue.
Information about the parties to the transaction - the name of organizations or the surnames, first names, patronymics of individuals, data of documents on the basis of which the participants in the transaction act.
Name, quantity and value of each item. This part is usually presented in the form of a table.
Signatures and seals of the parties to the agreement.

The inventory is drawn up in two copies, one for each of the parties to the transaction.

When the property has a separate property that no one uses, it is not uncommon for the owner to decide to rent it out and receive passive income. This is not only about apartments or private houses, a room in a communal apartment can also become an object of rent. It should be noted that such a deal is rich in pitfalls, which will be discussed below. It is necessary to pay close attention to the conclusion of the contract for renting a room in a communal apartment.

Features of renting individual rooms

In accordance with Art. 606 of the Civil Code of the Russian Federation, a lease agreement is a document according to which the landlord (property owner) is obliged to provide the tenant with property for temporary use. In this case, we are talking about a room in a communal apartment.

It is known that residential real estate is divided into:

privatized;
state, provided under a social contract of employment.

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10/22/2018 - Claudia Soboleva

Good afternoon, can I rent a room to the communal. apartment without the consent of the neighbors

07/14/2018 - Maria Gerasimova

hello ich, I'm interested in all the rules for renting a room in a communal apartment. to avoid being scammed