1. SUBJECT OF THE AGREEMENT
1.1. The Landlord undertakes to provide the Tenant with an apartment located at the address: , located on the floor, hereinafter referred to as the “Apartment”, for a fee for temporary use for residence.
1.2. The Landlord disposes of the Apartment according to the right of ownership, which is confirmed by a certificate of state registration of rights issued, registration record in the Unified State Register No. dated "" 2019.
2. GENERAL PROVISIONS
2.1. The apartment is rented together with all its accessories and property located in it, hereinafter referred to as “Property”, according to the inventory attached to the Agreement (Appendix No. 1).
2.2. When signing the Agreement, the Landlord transfers to the Tenant the Apartment, Property, set(s) of keys, key(s) to the mailbox.
2.4. The Landlord guarantees: at the time of signing the Agreement, the Apartment is free from obligations, i.e. not mortgaged, not leased, not in dispute or under prohibition (under arrest), not encumbered in any other way, there are no claims of third parties to the Apartment.
2.5. They will live with the Tenant.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The Landlord is obliged to provide the Apartment and Property in a condition suitable for habitation and appropriate purpose. The transfer of the Apartment, Property, and keys is formalized by an act of acceptance of the transfer and must be carried out by the Parties on the day of signing the Agreement.
3.2. The Landlord has the right to check the condition of the Apartment and Property at least once a week, having notified the Tenant in advance.
3.3. The Landlord is not responsible for defects in the Apartment and Property that were agreed upon by him at the conclusion of the Agreement and were known to the Tenant in advance, or should have been discovered by the Tenant during their inspection or verification at the conclusion of the Agreement.
3.4. The employer is obliged:
3.4.1. Use the Apartment and Property in accordance with the terms of the Agreement and their purpose;
3.4.2. Pay rent for the Apartment and electricity in a timely manner in the manner and within the time limits established in clause 5. this Agreement;
3.4.3. Provide the Landlord with access to the Apartment after notifying the Landlord;
3.4.4. In case of damage to the Apartment or Property, within days from the receipt of the Landlord's request, reimburse him for the costs associated with eliminating the damage, or, in agreement with the Landlord, eliminate the damage himself. The fact of causing damage, its amount and calculation of the specified costs is formalized by a bilateral act, or, in case of refusal of one Party, by the other Party with the participation of two witnesses;
3.4.5. Upon expiration of the rental period, return the Apartment and Property to the Landlord in the condition in which they were received, taking into account normal wear and tear, and also return to the Landlord the received sets of keys and documents on payment for electricity. The return is formalized by an acceptance certificate.
3.4.6. The Tenant has the right, upon discovery of defects in the Apartment or Property that arose for reasons beyond the Tenant's control that completely or partially impede the use of the Apartment or Property, to demand that the Landlord eliminate these defects at the Landlord's expense.
3.4.7. The employer does not have the right:
- make inseparable improvements or changes to the Apartment;
- sublease the Apartment or Property, or part thereof, and/or transfer your rights and obligations under this Agreement to third parties;
- use the Apartment in any way for the purpose of carrying out business activities.
4. TERMINATION OF THE AGREEMENT
4.1. The Agreement may be terminated by mutual agreement of the Parties.
4.2. In all other cases, the Parties are guided by Article 687 of the Civil Code of the Russian Federation.
5. SETTLEMENTS UNDER THE AGREEMENT
5.1. The rental fee for the Apartment and Property is rubles per month, starting from the date of actual provision of the Apartment and Property for use. Payment is made in advance, quarterly (three months in advance).
5.2. All dates and deadlines are set out in the Agreement, inclusive.
5.3. When signing this Agreement, the Tenant pays a rental fee for the first and last rental period in the amount of rubles.
5.4. Subsequently, rental fees are paid by the Tenant periodically no later than days before the start of each quarter (three months) of use of the Apartment and Property.
5.5. The tenant additionally pays for services for the use of electricity. The specified amounts are subject to payment by the Tenant within the time limits established for such payments.
6. TERM OF THE AGREEMENT
6.1. This Agreement was concluded from the date of its signing for a period until "" 2019.
6.2. Upon expiration of the rental period, the Contract may be extended for a period established by agreement of the Parties.
7. OTHER CONDITIONS OF THE AGREEMENT
7.1. Changes and additions to this Agreement must be made in writing.
7.2. The risk of accidental loss or damage to the Apartment and Property through no fault of the Tenant and/or persons living with him lies with the Landlord.
7.3. All disputes and disagreements under this Agreement are resolved by the Parties in the manner prescribed by the Legislation of the Russian Federation.
7.4. This Agreement is drawn up in two original copies, one for each of the Parties.
8. DETAILS OF THE PARTIES
Employer
Landlord Registration: Postal address: Passport series: Number: Issued by: By: Telephone:
9. SIGNATURES OF THE PARTIES
Employer_________________
Landlord _________________
It's no secret that any legal relationship, whether or not it has a financial basis, is important to support with official documents. for any purpose is no exception, so drawing up an agreement when organizing it is simply necessary.
Many people underestimate the importance of this document, and it, in turn, can be a full guarantee of the protection of the legal rights and interests of both the tenant and the landlord. In today’s material, our resource decided to consider a rental agreement, covering in as much detail as possible the basic principles and nuances of its execution.
Rental agreement: guarantee of fulfillment of the terms of the agreement
Renting or renting housing is a type of legal relationship in which one party, called the landlord, undertakes to transfer to the other party, called the tenant or tenant, some residential premises for use for a certain temporary period.
This type of social relations is always supported by some agreements, sometimes represented verbally, but much more often - by an officially formalized contract. At its core, rental housing can be represented by:
- commercial agreement, that is, housing is rented on a fee basis (for a certain fee, not necessarily monetary);
- a social or gift agreement, which differs in that the residential premises are transferred to the tenant completely free of charge.
Today, the legislation of the Russian Federation allows all personal units of the jurisprudence of our country to act as a tenant of housing. These fully include:
- individuals (citizens and);
- legal entities (organizations);
- municipality and highest government bodies acting in the interests of the state.
In general, the parties to a rental agreement are the direct owner of the premises or a person working on his behalf, and citizens or a group of them taking temporary possession of the premises.
Regardless of the legal status, in a transaction each party undertakes to fulfill officially supported agreements. As practice shows, when controversial issues arise, an oral agreement almost always excludes the possibility of resolving the problem, but a formalized agreement often allows for the interests of the parties to the transaction in accordance with the law. That is why concluding a rental agreement is very important when carrying out such a procedure.
Nuances of the hiring procedure
A rental agreement can only be signed with the consent of all owners of the property.
Having resorted to the procedure for renting or renting out housing, both parties to the transaction must know its nuances, which are enshrined in the legislation of the Russian Federation. For the convenience of our readers, we present a basic list of provisions that you need to know when renting a home:
- Renting out housing is possible only when all official owners of the premises agree to this. Otherwise, the lease transaction may be declared invalid, which will entail some problems for all parties.
- The actual rental of housing must be carried out with the participation of one of its owners or with the presence of an official representative thereof.
- The object of rental, in any form, should be exclusively housing that is located in a separate building from nearby ones. That is, the landlord has the right to rent out only a full room, apartment or house, but, for example, not part of a room.
- The rental period is determined by the parties to the transaction and is indicated in the relevant agreement; if there is no such clause in the agreement, then its validity period becomes equal to 5 years.
- In the case of commercial rental housing, the size and means are stipulated by the parties in the same agreement. It is important to note that neither party to the transaction has the right to change this clause of the agreement unilaterally.
- If, after concluding a rental agreement, the ownership right of its owner is transferred to another person, then the agreement does not lose force and is valid until its completion.
- On their own initiative, both parties to the transaction can do so, both judicially and peacefully. The most significant reasons for terminating an agreement are failure of one of the parties to the transaction to comply with the terms of the agreement or the norms of current legislation.
Otherwise, the housing rental procedure has no special features, so it definitely shouldn’t cause any difficulties.
Principles of contract execution
The rental agreement is legally binding
A rental agreement is a document that officially establishes the procedure for this type of legal relationship. At its core, such an agreement does not require mandatory notarization and can be drawn up in simple written form.
The main thing when drawing it up is to adhere to the basic legal norms in force in the Russian Federation. The latter include:
- correctness of the general content of the contract;
- literacy of its composition;
- complete exclusion of the use of obscene language and insults in the text of the agreement.
If it is necessary to clarify the legislative aspects of drawing up such an agreement, it is necessary to refer to several legal acts at once. The main ones are the following:
- Civil Code of the Russian Federation - considers the general procedure for hiring and concluding contracts;
- Housing Code of the Russian Federation - defines the basic principles for renting residential premises under different conditions;
- Federal laws of the Russian Federation more subtly regulate some of the nuances of hiring.
It is important to note that the rental agreement does not have a legally established form, so it is always drawn up in a free format. Despite this, in the legal sphere of our country a standard form of this document has already developed, which necessarily contains the following information:
- contact and personal information of the parties to the transaction: the landlord and the tenant (full name, residential address, telephone, etc.);
duration of the agreement (date of entry into force and expiration date); - information about housing for rent ( technical specifications, address, location, etc.);
- references to documents used when concluding an agreement (title papers for rental housing, technical documentation, etc.);
- rental cost and procedure for transferring funds (if necessary);
- other information about the rights/obligations of the parties and the terms of this agreement;
- date of preparation and signature of the parties.
It is worth understanding that it is possible to draw up a rental agreement as competently as possible only with the direct participation of a professional lawyer in this process. Otherwise, there is always a risk that some aspects or nuances of document preparation will be missed.
Do not forget, this is a document containing all the conditions for renting housing and the rights/responsibilities of the parties to the transaction, therefore its provisions must satisfy the desires and interests of both the landlord and the tenant, otherwise it is undesirable to enter into an agreement.
To better understand the essence of the rental agreement, we suggest that you familiarize yourself with the following sample:
Responsibilities and rights of the parties to the transaction
A rental agreement will protect you from scammers!
Summarizing today's material, it would not be amiss to consider the main responsibilities and rights that are vested in the parties to a transaction for the rental of residential premises. It is important to understand that it is important to comply with them, because they are determined by both the rental agreement and the legislation of the Russian Federation, and violation of both regulators of legal relations is unacceptable.
Let's start with the rights and obligations of the landlord. The list of these is as follows:
- the obligation to transfer the subject of the contract for temporary possession to the tenant;
- the obligation to carry out appropriate operation of the housing, of which the rented premises are part;
- the obligation to promptly organize the rented premises, unless another procedure is specified in the contract;
- the obligation to provide the tenant with a basic list of utilities for an additional fee;
- the right to early termination of the contract if there is a violation on the part of the tenant of the provisions of the rental agreement or the current legislation of the Russian Federation.
The responsibilities and rights of a tenant are as follows:
- use the received housing only for living;
- keep the received premises in a safe condition and suitable for use until the expiration of the contract;
- pay the rent agreed upon in the contract on time and in full;
- carry out routine repairs of the received premises, unless another procedure is specified in the contract;
- the right to move people into the housing received, sublease it and carry out reconstruction, but only with the consent of the landlord.
The remaining legal and obligatory conditions are stipulated directly in the concluded agreement and must also be observed by all parties after its conclusion.
As you can see, the essence and general principles of renting housing, as well as drawing up the corresponding agreement, are quite simple to understand. The main thing in the process of analyzing the procedure is to refer to the legislation of the Russian Federation and the material presented above. We hope today's article answered your questions. Good luck with your contracts!
Expert lawyer's opinion:
The Civil Code of the Russian Federation devotes an entire chapter to the rental agreement for residential premises (Chapter 35). The essential terms of the contract are the subject of the contract. It is a separate residential premises suitable for living. There are also mandatory additional conditions provided by law. They are listed in the above-mentioned chapter of the Civil Code. These are the responsibilities of the parties for maintaining the premises, paying the cost of living, the duration of the contract and living conditions.
The contract may also contain other conditions that the parties have agreed upon. Failure to comply with these conditions leads to the recognition of such an agreement as not concluded. A written form of the agreement is required. The article draws the attention of readers to the need to conclude an agreement for rental housing in order to avoid troubles. This is especially important for families.
When looking for housing rental options, you need to pay attention to the status of the person who will appear in the contract as the owner of the residential premises. It must be the owner or a person authorized by the owner. The reliability of such information can be checked in the corresponding register on the Internet.
During the rental period, a conscientious landlord will always offer to issue temporary registration at the place of stay. This must be used to legitimize your presence in a residential area. The final document in completing the transaction is the signing by both parties of the Acceptance and Transfer Certificate of Housing. It is this document that confirms the fact of legal occupancy of the premises.
And one more recommendation. In 2018, at the initiative of the Government, it is planned to adopt a bill providing a tax deduction for those citizens who rent housing. Reliable documents will be required to apply for benefits.
How to avoid becoming a victim of scammers when renting a home? How to minimize risks when renting an apartment? The lawyer will answer these and other questions:
The lease agreement is the basis of the relationship between the tenant and the owner of the apartment. It is with his help that all disagreements will be resolved, it is he who will become the decisive argument in all disputes with the homeowner. Therefore, the drawing up of a lease agreement must be approached as responsibly as possible.
Renting a home: how to prepare for drawing up a contract
Before drawing up a rental agreement, you need to check the landlord's documents. You should not limit yourself to just a passport; you need to look at the title documents for the apartment, as well as extracts from the house register and personal account. You can only enter into an agreement with the owner of the property.
Registration is not a basis for renting out an apartment.
If the apartment has several owners, and only one of them agrees, then it is necessary to obtain written consent to rent from all the others. It must be attached to the lease agreement, and the agreement itself must additionally indicate that the apartment is rented with the consent of all owners. Otherwise, a transaction that appears legal at first glance may turn out to be invalid.
How to draw up a contract
If a decision is made about an apartment through an agent, then most likely they will be offered a standard rental agreement. It usually contains basic information about the transaction:
Tenant and landlord information;
- duration of the contract;
- brief information– address and characteristics;
- data from documents on ownership;
- rental cost and payment procedure;
- conditions for increasing rent and early termination of the contract.
This document can be used as a basis. It is imperative to add clauses to it about how many people can live in it (if the apartment is rented by a family), if possible, list them by name.
An important clarification in the contract will be who and at whose expense should carry out major and current repairs in the apartment, who pays for utilities, communications, electricity, etc.
If the apartment is rented empty, this should be reflected in the contract. When renting an apartment with furniture, it is necessary to draw up an act of acceptance and transfer of all the property in it, indicating in it the condition and operability of the things and attaching the act to the contract.
Additionally, you can include in the contract clauses on smoking in the apartment, having pets, visiting hours for guests, and similar things. The more detailed everything will be spelled out at the stage
Let’s make a reservation right away: in this article we will talk specifically about a commercial rental agreement for residential premises, which is regulated by Chapter 35 of the Civil Code of the Russian Federation and partially by Chapter 5 of the Housing Code of the Russian Federation, that is, about the rental of an apartment by an individual. There is a difference in law between a rental agreement (which is concluded with an individual) and a rental 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.
Documents
Under no circumstances should you hesitate to ask the apartment owner 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 register about persons registered in the living space.
If there are several owners of the apartment, then the consent of one of them is not enough; you need to obtain the consent of all. There are three possible scenarios:
- Attach written consent of all co-owners.
- One co-owner enters into an agreement with a power of attorney from the others.
- When concluding 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 are registered in the living space. Otherwise, they can declare 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. Therefore, he needs to bring his passport with him. If you are going to live in an apartment more than one, then the passport details of the second (third, fifth) occupant are also required.
A real estate lease agreement is subject to state registration. With the exception of contracts concluded for less than a year.
Term
A tenancy agreement can be short-term (up to one year) or long-term (from one to five years). If the contract does not say anything about the term, it is considered that it was concluded for a maximum period of five years. The main difference between long-term and short-term contracts is the conditions for eviction of tenants.
Short-term contract
The owner can prescribe a period during which the contract can be terminated by the parties early. If such a period is not specified, he does not have the right to evict tenants before the end of the contract. But after this period, the owner himself decides whether to continue renting out the apartment to the same tenants or look for others.
Long-term contract
It is much more difficult for the owner to part with the tenants. At the end of the contract, the landlord cannot simply move someone else into the apartment: if he has not notified the tenant of his desire at least three months before the end of the contract, it is considered that the contract is automatically renewed on the old terms.
If the landlord says he no longer plans to rent the property, then the tenants must move out. But in this case, he actually cannot rent out the apartment for at least a year, otherwise the previous tenants have the right to go to court and demand compensation for 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 pressing question is: who does the repairs? Typically, the agreement contains wording that “after the expiration of the tenancy agreement, the tenants undertake to return the premises in the same condition in which it was provided.” Therefore, the contract should immediately indicate what can be changed in the apartment and what cannot.
In addition, without the consent of the owner, residents do not have the right to carry out reconstruction and reconstruction of residential premises. For example, when renovating, you can’t just tear down an interior partition or expand a doorway.
If repairs can be carried out, then be sure to specify in the contract 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 for them 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 the contract states otherwise). If the landlord does not show interest in major repairs when they are required, then the renter has the right to:
- independently carry out major repairs provided for in the contract or caused by urgent need, and recover its cost from the lessor;
- demand a corresponding reduction in rent;
- demand termination of the contract and compensation for losses.
When you make renovations or buy something new for a rented apartment, in legal terms, you are making improvements. They can be separable or inseparable. For example, if a tenant installed an air conditioner or water heater at his own expense (and the landlord did not reduce the rent or reimburse the cost), he has the right to take it with him.
Inseparable improvements, such as new wallpaper, cannot be taken with you without spoiling them appearance apartments. Therefore, the tenant may demand reimbursement of their cost when the contract expires. But the requirement will be satisfied if the contract states that the lessor did not object to this improvement.
Condition of the property
The landlord is obliged to provide the tenant with property in good condition. This means that if something prevents you from using the apartment, the landlord must eliminate this reason at his own expense. Even one that he didn’t even suspect about at the time of renting the apartment. For example, you moved in and were surprised to discover that all the pipes had long since rotted and it was simply impossible to wash in the shower. The lessor must eliminate this deficiency in as soon as possible and absolutely free of charge. If he does not do this, you can either correct the reason yourself and demand reimbursement, or terminate the contract.
Attention: the landlord must correct at his own expense only those defects 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 drawing up an apartment acceptance certificate in addition to the contract. It describes the condition of the furniture, plumbing, flooring, 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 equipment, this may not be necessary. But the owner who rents out a home 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 receipts confirming its value. Natural depreciation, of course, is taken into account. But the tenant will have to pay for a broken TV screen.
Pay attention to the concept of “joint and several liability” if you rent an apartment with someone else. If the contract does not provide for a clause on joint and several liability, then the person who entered into the contract will bear all responsibility. That is, if your careless neighbor breaks something, and in the contract only you are written as responsible, then you will have to pay.
Rent
The agreement defines the procedure, conditions and terms for paying rent. If there are no special instructions about this, then it is considered that they are similar to those usually used when renting such property: in the case of an apartment, this is a fixed payment amount paid every month.
If the landlord asks to immediately pay 2-3 months’ rent in advance or a deposit, this must be stipulated in the contract.
The document should also indicate how often and to what extent the landlord can increase the rent. In practice, they usually fix the rent increase 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 about this in advance in writing. If the new conditions do not suit him, he can unilaterally refuse the contract.
The tenant also has the right to demand a reduction in rent if, due to circumstances beyond his control, the conditions of the leased premises have worsened.
Additionally
Talk to the owner about all the details. You will most likely have to meet often. He is worried about his apartment, you are worried about the quality of your stay, so learn to negotiate and write down all verbal agreements in the document.
Not often, but an unpleasant situation happens: sometimes owners like to come in without warning, even in the absence of residents and several times a month. This is a reason to terminate the contract with reimbursement of the tenant's moving expenses. 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 indicate the prohibition of spontaneous visits in your absence.
Find out how the landlord treats guests and animals, and indicate this in the contract.
Only by agreeing and recording all the details that matter, both parties will be able to live without conflicts and without unnecessary worry.
Termination of a contract through court
We have already said that it is not easy for a landlord to part with a tenant; the type of agreement plays an important role. 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 three months in writing.
But sometimes it is impossible to reach an agreement on a human basis, and for one of the parties there is only one way out - to seek justice through the court and terminate the contract.
At the request of the lessor, the agreement may be terminated early by the court in cases where the lessee:
- uses the property with a significant violation of the terms of the contract or with repeated violations;
- significantly deteriorates the property;
- fails to pay rent on time more than twice in a row;
- does not carry out major repairs of the property within the time period specified in the contract, if, according to the contract, major repairs are the responsibility of the tenant.
The landlord can terminate the contract through the court only if he has demanded in writing that the tenant eliminate the violations.
At the request of the tenant, the lease agreement may be terminated early by the court in cases where:
- the lessor does not provide the property or creates obstacles that prevent the property from being fully used;
- the property has defects that were not specified by the lessor when concluding the contract, were not known to the tenant in advance and could not be discovered during an inspection of the property;
- the lessor does not carry out major repairs of the property within the terms established by the contract or within a reasonable time;
- the property, due to circumstances beyond the control of the tenant, is 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 gives away or sells the rental property, this does not terminate the rental agreement. In other words, when a person comes and says: “Move out, I’m selling the apartment,” this is illegal. A change of owner does not entail termination of the residential lease agreement.
If necessary, you can change the employer (tenant). That is, if the contract was concluded for the husband, and he, for example, goes to the North Pole on a long business trip, then with his consent you can change the tenant to his wife. In this case, the contract remains the same, the same conditions, the term continues to flow and is not reset. But this can get rid of red tape if any problems arise (for example, if you have to terminate the contract or collect something through the court).
Hire and lease agreements are two fundamentally different legal terms. According to clause 1 of Article 671 of the Civil Code of the Russian Federation, an agreement on the rental of housing implies the provision of real estate by the owner to an individual for a fixed fee for the purpose of accommodation. Within the framework of such a document, the tenant does not have the right to sublet the premises or use it for personal gain in any other way.
Article 671 of the Civil Code of the Russian Federation. Residential rental agreement
- Under a residential lease agreement, one party - the owner of the residential premises or a person authorized by him (lessor) - undertakes to provide the other party (tenant) with residential premises for a fee for possession and use for living in it.
- Legal entities may be provided with possession and (or) use of residential premises on the basis of a lease or other agreement. A legal entity may use residential premises only for the residence of citizens.
An apartment rental agreement governs the relationship between the owner of the property and the legal entity that will be the tenant. Also in paragraph 2 of Art. 671 of the Civil Code of the Russian Federation states that legal entity may use the provided housing directly for the residence of persons specified in the agreement. This agreement excludes the pursuit of commercial and any other purposes on the part of the tenant.
ATTENTION: Legal relations between the owner of the rental property and the tenant will be regulated in accordance with the provisions of Chapter. 34 Civil Code of the Russian Federation. As for employment agreements, Sec. 35 Civil Code of the Russian Federation.
Why do you need to draw up an agreement with your tenants before renting them out?
A tenancy agreement is a document that regulates the relationship between the tenant and the landlord. In such a document, both parties initially spell out all the terms of the transaction being concluded, which later helps to avoid unforeseen circumstances. The most common causes of conflict are:
- The condition of the property and premises at the time the apartment was returned to the owner. To protect yourself from conflict situations, when signing a rental agreement, you should take photographs of the furniture and basic decoration of the apartment.
- Financial calculations and increase in rental costs. The standard agreement contains a clause that the owner of the property can increase the rental price no more than once a year. However, this requirement can be changed at the request of the parties.
- Payment of utilities. These days, utility bills increase every six months, and heating bills can completely baffle a tenant. Therefore, before renting an apartment, you should definitely familiarize yourself with the amount of additional payments. The ideal option would be for the tenant to pay only the meter readings.
Differences and nuances in design
- Preliminary rental agreement for residential premises.
This form of agreement is considered additional and is concluded at the request of the parties. In its content, such an agreement must fully comply with the main lease agreement, otherwise the main document will not have legal force. The preliminary agreement must contain the following information:
- Subject of the transaction (room, apartment, house, etc.).
- Details of the parties.
- Rental cost per month.
- Information about collateral, deposit and other additional payments.
- Rights and obligations of the parties to the agreement.
- Inventory of property.
- Date of conclusion of the main lease agreement.
A preliminary agreement may be concluded at the initiative of one of the parties to the transaction, for example, in order to fix an advance payment. This is done in cases where the date of the transaction and the date of moving into the apartment do not coincide. Such a document can be replaced with an advance agreement or a receipt.
- Model (standard) rental agreement.
Such agreements have a prescribed form and are considered the main document regulating the relationship between the participating parties. Typically, this type is used for long-term lease transactions. The document states:
- Name, address and registration details of the real estate provided for rent.
- Passport details of the parties to the transaction.
- Duration of the agreement.
- Check-in date.
- Rights and obligations of the parties in accordance with the Civil Code of the Russian Federation.
- The procedure for financial settlements, rental costs, additional payments.
- Inventory of property.
- Additional terms of the transaction.
At the request of the parties, a standard rental agreement can be supplemented with special agreements: an act of transfer of keys, a statement of transfer of money, a receipt for the transfer of security deposits, and so on. Such attachments are not mandatory, but will be legally binding once signed.
ATTENTION: In accordance with Art. 609 of the Civil Code of the Russian Federation, all rental agreements must be registered with the relevant authorities. An exception will be documents that state that the premises are provided for a period of less than 12 months.
However, this clause does not include transactions between an individual and a legal entity, as specified in clause 3 of Art. 609 of the Civil Code of the Russian Federation.
Article 609 of the Civil Code of the Russian Federation. Form and state registration of the lease agreement
- A lease agreement for a period of more than a year, and if at least one of the parties to the agreement is a legal entity, regardless of the term, must be concluded in writing.
- A real estate lease agreement is subject to state registration, unless otherwise provided by law.
- A property lease agreement, which provides for the subsequent transfer of ownership of this property to the lessee (), is concluded in the form provided for the purchase and sale agreement of such property.
- Simplified (short) tenancy agreement.
The simplest form of rental agreements. Such a document specifies only the basic terms of the transaction; it can be drawn up in any form by hand and will have legal force after signing. When writing, you should indicate the following provisions:- What is available for rent?
- Who are the parties to the agreement?
- Rental cost per month.
- Duration of the contract.
- Inventory of property.
As for the rights and obligations of the parties, it should be indicated in a separate paragraph that they will be regulated in accordance with the Civil Code of the Russian Federation; you can refer specifically to Chapter. 34 and chapter 35. If desired, the owner and tenant can add additional rental conditions to the document. However, one should be careful here, because if they do not meet the requirements of the Civil Code and the Criminal Code of the Russian Federation, then the entire agreement will subsequently be declared invalid.
- Indefinite.
An open-ended document is a standard rental document that does not specify the rental period. This form of agreement is permitted by Art. 610 of the Civil Code of the Russian Federation, where this type of contract is called “concluded for an indefinite period.” The main difference from other types of employment agreements will be the termination clause.
Article 610 of the Civil Code of the Russian Federation. Duration of the lease agreement
- The lease agreement is concluded for the period specified in the agreement.
- If the lease term is not specified in the agreement, the lease agreement is considered to be concluded for an indefinite period.
In this case, each of the parties has the right to cancel the agreement at any time, notifying the other party one month in advance, and in the case of leasing real estate, three months in advance. The law or agreement may establish a different period for warning of termination of a lease agreement concluded for an indefinite period.
- The law may establish maximum (limit) terms of the contract for certain types of lease, as well as for the lease of certain types of property. In these cases, if the lease period is not specified in the agreement and neither party has canceled the agreement before the expiration of the deadline established by law, the agreement is terminated upon expiration of the deadline.
A lease agreement concluded for a period exceeding the legal limit is considered concluded for a period equal to the limit.
In this case, the party from which the initiative comes is obliged to notify the second party-participant three months in advance. The exception will be when the document initially stipulates a shorter period.
Read about how to properly arrange the rental of an apartment, and tips on drawing up an agreement can be found in.
Does the document have legal force?
A housing rental agreement will become valid when it has been legally drafted and does not contain conditions that contradict the Civil Code and the Criminal Code of the Russian Federation. Even if the homeowner signs a document for a period subject to mandatory registration and does not register it - the document will still be valid. However, in this case, the owner of the premises will face problems with the tax service.
A document that incorrectly contains the passport details of the parties to the transaction, the registration number of the property or its address may be declared invalid. If the document contains errors in indicating the area of the apartment, floor number, interior decoration, this is not a sufficient basis for invalidating the document.
ATTENTION: In Art. 674 of the Civil Code of the Russian Federation states that any rental agreement must be concluded in writing. Therefore, all oral agreements and additional conditions will not have legal force. But the written form of the agreement can be either standard or arbitrary.
A receipt for the transfer of housing for rent will also not be considered a rental agreement., but only an application to it.
In what cases is it considered invalid?
There are several reasons for invalidating an employment agreement:
A rental agreement is a mandatory document accompanying any rental housing transaction. It can only be concluded in writing and will regulate the relationship of the participating parties in accordance with the legislative framework of the Russian Federation. This document is an excellent opportunity for the owner to secure his rights and his property. For the tenant, this is a chance to avoid illegal actions and claims from the landlord.
