Apartment lease agreement between individuals. Sample contract for renting a room, concluded between individuals. Utilities are included in the price of the contract

rooms Gr. , passport: series , number , issued by , residing at the address: , hereinafter referred to as " landlord”, on the one hand, and gr. , passport: series , number , issued by , residing at the address: , hereinafter referred to as " Tenant”, on the other hand, hereinafter referred to as the “Parties”, have concluded this agreement, hereinafter “ Treaty" about the following:

1. THE SUBJECT OF THE AGREEMENT

1.1. The Landlord provides for rent, and the Tenant rents a room m2, in a room apartment located at:.

2. OBLIGATIONS OF THE LESSOR

2.1. The landlord undertakes:

provide the Room to the Tenant from "" 2019;
carry out maintenance of the apartment and equipment;
pay for all utilities during the rental period, with the exception of non-local telephone connections and other services not included in the monthly subscription fee of the GTS.

3. OBLIGATIONS OF THE LESSEE

3.1. The tenant undertakes:

timely pay bills for non-local telephone connections and other services not included in the monthly subscription fee of the GTS;
use the room for your own residence, not for subletting or as an office;
bear full liability for damage to the apartment, furniture and equipment, as well as adjacent premises caused through the fault or negligence of the Tenant;
The tenant is not responsible for the natural depreciation of the apartment and equipment;
keep pets in the apartment only with written permission from the Landlord, while the Tenant is fully responsible for the damage caused to the apartment by his (her) pets;
The tenant is fully responsible for damage caused to the apartment due to the fault or negligence of his guests or family members;
respect the peace of neighbors at night.

4. MUTUAL GUARANTEES

4.1. The landlord guarantees that the apartment belongs to him by right, all the necessary permissions from the co-owners, if any, are obtained and the conditions for renting the Rooms are agreed with them.

4.2. The landlord guarantees that the apartment is not under arrest, is not mortgaged and is not the subject of any claims from third parties.

4.3. The tenant guarantees timely and without delay to pay rent and other payments stipulated by this agreement.

5. PAYMENT TERMS

5.1. The monthly rent is set at Rs.

5.2. Payments will be made in advance for, no later than days from the beginning of the paid period.

5.3. Delay in payment for or more days is considered a failure to fulfill the terms of this agreement, which gives the Lessor the right to terminate it unilaterally.

5.4. The first payment, in the amount of rubles, is made at the time of signing this agreement, and is an advance payment for the first paid period and.

5.5. Pays for electricity.

6. TERM OF RENTAL

6.1. The lease period is set from ""2019 to ""2019.

6.2. The terms of the contract are subject to change and the lease term may be extended subject to the written consent of both parties.

7. TERMINATION OF THE AGREEMENT

7.1. The agreement may be terminated by one of the parties if the other party does not comply with the terms of this agreement.

7.2. The Lessee/Lessor reserves the right, unilaterally, to terminate the agreement by notifying the other party in writing days before the date of termination of the agreement.

7.3.When early termination of the Agreement at the initiative of the Lessor, the Lessor undertakes:

notify the Tenant in writing one month before the date of termination of the Agreement;
return to the Tenant the fee for the paid but not lived period of employment;
reimburse the Tenant for the cost of renting another apartment.

8. MISCELLANEOUS

8.1. All disagreements arising from the performance of this agreement must be resolved in accordance with the current Russian legislation.

8.2. This agreement is made in two copies, having equal legal force: one is with the Lessee, the other with the Lessor.

8.3. The agreement comes into force from the moment of signing.

9. SIGNATURES OF THE PARTIES

Landlord _________________

Tenant _________________

Please note that the lease agreement is drawn up and checked by lawyers and is exemplary; it can be finalized taking into account the specific terms of the transaction. The Site Administration is not responsible for the validity of this agreement, as well as for its compliance with the requirements of the legislation of the Russian Federation.

Residential lease agreement between individuals is an agreement between the parties on the use of residential real estate on mutually beneficial terms. To be more precise, an agreement on the transfer of housing for paid use, provided that both parties to the transaction are individuals, is called a rental agreement.

How to approach competently the issue of hiring, so that the parties, concluding this transaction, really get what they were counting on, we will discuss in our article.

The subjects of the agreement are:

A landlord is a citizen who rents out his or her housing in order to obtain the maximum possible income.
Tenant - a citizen who accepts an apartment (house, room) for use for a fee.

The object of the lease is a premises with the purpose of "residential". This is the name of a separate property intended for permanent residence of people and meeting the requirements of sanitary standards.

Residential properties include:

single-family residential buildings;
apartments in multi-storey buildings;
one or more rooms in the apartment;
dorm rooms.

employment contract

Modern reality encourages many homeowners to give preference to formal registration of employment. Numerous real estate agencies help them do it right. But a more or less competent owner may well rent out his housing on his own.

First steps

First, the parties need to find each other. Thousands of advertisements on special websites and in the local press will become helpers for the meeting.

When the rental housing is selected, the parties begin to discuss the terms of the transaction.

An important point: before starting the discussion of the conditions, the tenant must clarify who is negotiating and who is legally the owner of the rented housing.

Adequate owner himself will present to the tenant title or title documents for the dwelling. Otherwise, you need to ask him to do it.

Terms of employment

The main sections to be included in the agreement:

description of the parties to the transaction;
description of the subject of employment;
description of title documents for housing;
the duration of the contract;
rental fee, terms and method of payment;
deed of transfer;
the procedure for prolonging, changing and terminating the transaction;
rights, obligations and responsibilities of the parties.

The remaining sections, clauses are included in the contract at the request of the parties. For example, a clause on the procedure for the distribution of utility bills or on the production of current repairs.

It is obligatory to draw up a deed of transfer.

Also, at the request of the parties, annexes are drawn up to the agreement. For example, for detailed description the condition of the transferred housing, furniture and household appliances.

Description of the parties to the transaction

The description of the parties shall indicate: full name, date and place of birth, passport details, address of registration at the place of residence.

Description of the object of hire

In the description of the housing transferred for rent, it is necessary to indicate: cadastral number, address of the object, total and living area, floor.

Description of supporting documents

The description of the supporting documents includes either the data of the certificate of state registration of the landlord's property rights, or the data of an extract from the USRN indicating the number and date of the entry made in the USRN on the registration of the right.

If there are no supporting documents, enter the data of title documents. This is the name of the documents in connection with which the owner acquired the right of ownership.

It can be:

document on the privatization of the apartment;
purchase and sale transaction;
exchange;
donation;
certificate of inheritance by law or by will;
judgment.

Contract time

The duration of the contract is established by agreement of the parties, while its duration cannot exceed 5 years.

He can be:

short-term, less than one year;
long-term, term from one year to 5 years;
indefinite.

Most often, the parties enter into a short-term contract for a period of less than a year with the possibility of extension. The advantages of this method are that it comes into effect immediately after signing it (or from the date of signing the act of transfer), can be extended an unlimited number of times and does not become long-term.

It is a little more difficult to conclude a long-term contract, the term of which is a year or more. Such a transaction is subject to state registration, and the contract takes effect from the date of its execution. The employment agreement itself is not subject to registration. The encumbrance of the owner's property rights is registered. And for this you will still need to pay a state duty (2000 rubles for 2019).

A document is considered unlimited when its term is not specified in the contract. Such a deal is not long-term, because terminates at any time at the request of at least one of the parties with a notice of this to the other party at least 3 months in advance.

Price of the contract, term and method of payment

One of the most discussed terms of the contract is its price. An employer can install it simply by looking at 10-20 private ads. It is ridiculous when renting a property to conduct an independent appraisal of the market value and pay money for it.

The landlord determines the value of the rental fee, taking into account the location, transport accessibility, and the condition of the housing. Then he adds a small amount for bargaining and announces the amount received to the employer. The employer comes to negotiations already, too, with an understanding of how much hiring can cost. After a small bargaining within 2-4 percent, the parties conclude a contract.

But another important component in total price The contract is the payment of utilities. According to established practice, the employer pays only for those services, the control over the consumption of which is established according to the readings of the meters. These are gas, cold-hot water supply and electricity. In addition, payment for the Internet and intercity (if you have a home phone).

The payment term, again according to established practice, when transferring housing for rent is 100% prepayment. Those. for the current month of employment, the employer makes payment on the first days of this month.

How payment for rent will be made, the parties determine themselves and prescribe this in the contract.

The most popular payment methods today:

in cash against the receipt of the landlord;
transfer from card to card;
transfer to the owner's personal account.

deed of transfer

The actual acceptance of the dwelling for use and its return to the landlord is carried out according to the act of transfer. It must contain the date of transfer and a detailed description of the condition of the premises. If there is an appendix to the contract with full description transferred premises and movable property, then it is not necessary to do this in the act. You can simply write that the condition of the transferred housing is suitable for living.

The procedure for prolonging, changing and terminating the contract

Prolongation of the contract of employment, i.e. extension of its validity is carried out by a written supplementary agreement. It indicates the period for which the parties extend the contract.

Any changes are made to the contract only when both parties are ready to do so. If one of the parties categorically disagrees with the proposals of the other party to amend the contract, the parties will either have to find a “Solomonic” solution or terminate the transaction. Agreed amendments to the contract are also formalized by an additional agreement.

Early termination of employment is made on the basis of:

agreements of the parties;
at the insistence of one of the parties;
in case of impossibility to use the object due to force majeure circumstances.
by court decision.

By agreement of the parties, the short-term contract is terminated immediately, as soon as they have made such a decision. It is enough to draw up and sign an agreement on termination and an act of returning the housing to the owner.

A long-term contract, even on the basis of mutual agreement, is terminated from the date of state registration.

At the request of one party, a short-term contract is terminated with a notice to the other party 2 months in advance, and a long-term contract 3 months in advance + time for registration of termination.

According to the court verdict, the contract with any term of employment is terminated from the date of its entry into force.

Rights, duties and responsibilities of the parties

Basic rights of the landlord:

timely receipt of rent;
the ability to check the order of use of housing in the presence of the tenant;
demand compensation from the tenant for causing material damage to the dwelling or property transferred with it.

Basic rights of the employer:

acceptance of housing for rent according to the transfer act on time and in the condition specified in the document;
use of transferred furniture and household appliances.

Main responsibilities of the landlord:

not prevent the tenant from using the housing.

The main responsibilities of the employer:

act strictly within the framework of the contract;
use housing solely for living and only for the persons specified in the contract;
pay rent on time and in full;
take care of the rented housing and the property transferred with it;
prevent the occurrence of accidents due to their own fault;
promptly notify the owner of accidents that occurred due to the fault of third parties or from natural disasters.

The contract of employment provides for liability for violation of the terms of the contract. These can be penalties, fines for late payment, for damage to property. All disagreements and discrepancies are resolved through negotiations. If agreement cannot be reached, the dispute is considered in court.

Taxation of transactions for the transfer of housing for rent

Income received by a citizen from the lease of a dwelling that he owns is subject to personal income tax at a rate of 13%. To determine the amount of tax, a tax return is issued in the year following the receipt of income. The declaration form can be filled out on the site tax.ru.

With a short-term lease agreement, the tax inspectorate is unlikely to find out about the income received from hiring (unless the "well-wishers" of the landlord help her to do this).

With a long-term lease, information about the rental of housing will be automatically transferred to the tax inspectorate by the Rosreestr branch.

It is nice to receive income from your real estate assets. Be prudent and in pursuit of big incomes do not lose a decent employer.

The duration of the room rental must be strictly fixed. If the parties at the end of the contract decide to continue cooperation, then it is automatically extended. For long-term rental of a room, a contract is drawn up for 1 year, for a short-term period of use - from one month.

A room rental agreement is concluded between two persons: the tenant and the landlord. The definition of a room includes an isolated space in an apartment or residential building that is suitable for citizens to live in. According to the terms of the agreement, the landlord transfers the room to the second party for temporary use and for a certain fee. The tenant, in turn, must pay the required amount under the contract on time, as well as adhere to its conditions during the operation of the premises.

In fact, an agreement of this kind is a property lease agreement and, in its essence, has many generalizing factors with rental agreements for a residential building or apartment. As a result, the relations between the participants in the transaction are regulated in accordance with the provisions of Chapter 34. Civil Code of the Russian Federation.

The room is recognized part of a residential building or apartment intended for use as a place of direct residence of citizens in a residential building or apartment (Article 16 of the LC RF). The room, as well as the apartment, must meet sanitary, fire, urban planning and technical requirements.

A distinctive feature of the room lease agreement is that both the owners of the apartment and the tenants operate the common areas (MOP): kitchen, toilet, bathroom, corridor. Therefore, the more detailed the terms of use and the rules for living in an apartment are specified, the fewer problems will arise in the future. The order of payments for an apartment, telephone, electricity and utilities also depends on the number of tenants.

Forms of the lease agreement for the room:

The standard form of the contract contains the following information:

passport details,
residential address of the tenant and landlord;
number of rented rooms in the apartment;
number of the contract, according to which the landlord has the right to legally rent the room to third parties;
the number of persons living with the tenant;
lease term;
rights and obligations of the parties;
the amount of monthly payments from the employer;
additional terms of the contract.

Rights and obligations of the parties to the contract are usually identical in each case. The landlord undertakes to provide a room suitable for living, and the tenant must use the room without causing property damage. This paragraph describes the possible costs of repair work of a cosmetic or capital nature.

Separately, the owner can make a list equipment and interior items available in the room, as well as indicate them technical condition. If the tenant damages something in the occupied area, he will have to restore the broken thing or replace it with an identical one. Monthly settlements between the parties to the agreement occur on any chosen day, convenient for both parties. If the landlord does not live in the apartment where the room is rented, a specific payment date is selected. In the event that the tenant cannot make payment on time, he must notify the owner in without fail and set a new date.

The difference between renting a room and an apartment

Renting a room in an apartment where one or more people live can be inconvenient for several reasons:

the presence of strangers during your absence;
shared kitchen and bathroom;
personal animosity between cohabitants.

Among the advantages of renting a room, first of all, it is worth noting the low rent. Another advantage of renting a room for temporary residence is a significant difference in utility bills with the landlord. In addition, for single people who need to communicate at least with their neighbors, the option of renting a room is better. Yes, you can rent daily.

There are three main rental options:

Renting a room from the owner and living together with him.
Renting an apartment for several people.
Renting a room in a communal apartment.

In this case, the owner is not even obliged to ask the neighbors for permission to rent out housing. From a legal point of view, there is no difference in drawing up a room rental agreement for the listed options. However, when renting an apartment to several tenants at once, it is required to register the occupied living space for each. Free rent is very different from both types.

Everyone bears responsibility to the owner independently, therefore, in case of non-payment for the room by one of the persons, the rest should not pay the debt for it.

The nuances of concluding the Agreement

If a room is rented out in an apartment owned by a person by right of ownership, then such an agreement is subject to the requirements of Chapter 35 of the Civil Code of the Russian Federation. If there are several owners of the living space, then the consent of each of them is required to complete the transaction (clause 1, article 246 of the Civil Code of the Russian Federation). Or, if a general agreement was reached in advance by all co-owners on the possibility of renting out living space, you can draw up a power of attorney for one of them and prescribe in the document his authority to conclude a lease agreement on behalf of each of the participants in the common property. In this case, permissions from neighbors, the management company or other bodies are not required, since the owner independently and fully manages the property.
When it comes to non-privatized apartments, then the landlord in this case is the municipality or the state, which provides the tenant - an individual with an apartment for use on the basis of a social tenancy agreement. In this case, an individual tenant may rent out part of the dwelling (room) to third parties. Such a transaction will be called a sublease (clause 1, article 67 of the LC RF). To do this, you need to send a written request addressed to the owner of the living space, which is the relevant state body (most often it is the department of property management of the municipality). Such a request must contain a request for permission to rent out the apartment, the signatures of all family members living in this apartment. Within 10 days, the tenant receives either consent to sublease, or a refusal with arguments. For example, property management may not allow sublease of an apartment if, after the conclusion of the transaction, the living area per 1 family member is below the established minimum accounting norm (clause 1, article 76 of the RF LC).

The nuances of a sublease agreement for a non-privatized apartment

Special requirements for a sublease agreement for a non-privatized apartment are specified in Art. 77 LCD RF:

the document is in writing;
one of the copies must be provided to the landlord;
the document lists all persons who move into the residential premises together with the subtenant;
the term of the sublease agreement may not exceed the period for which the lease agreement was concluded; if the term is not specified in the text, then the agreement will be valid for 1 year;
the use of residential premises by the subtenant must not violate the terms of the sublease, lease agreement and the requirements of the legislation of the Russian Federation, including the Housing Code of the Russian Federation;
The tenant remains responsible to the landlord for the use of the provided residential premises (clause 3, article 76 of the LC RF).

Termination of the contract occurs upon the expiration of its term or at the request of one or both parties (Article 79 of the LC RF). The transfer of such obligations under a sublease agreement is illegal and invalid. In all other respects, the provisions of the Civil Code of the Russian Federation on renting and hiring residential premises (Chapters 34–35) apply with references to the norms of other sections of the legislation.

Rental agreement for a room in a communal apartment

In terms of its mechanism, renting out a room in a non-privatized communal apartment is similar to the procedure for subletting a room in an ordinary non-privatized apartment. The owner, i.e. the landlord, is either the municipality or the state. In this case, a written application is made with a request to allow the sublease transaction. P. 2 Art. 76 of the Housing Code of the Russian Federation states that confirmation of the consent of the other persons living in the apartment to such a transaction must be attached to the request. In the case of obtaining consent from the owner of the housing, a sublease agreement is drawn up. The requirements for it are similar to the requirements for a room sublease agreement in an apartment (Articles 77–79 of the LC RF, chapters 34–35 of the Civil Code of the Russian Federation).
A privatized room in a communal apartment can be successfully rented out under a rental agreement without the consent of anyone (except for the co-owners of the room, if any). When it comes to renting a room, it is necessary to prescribe in a separate paragraph the conditions for using the premises belonging to the common property of residents: corridors, bathrooms, kitchens, because they often become the subject of conflicts. When drawing up an agreement, one should be guided by the provisions of chapters 34–35 of the Civil Code of the Russian Federation. It is better to discuss the issue of the tenant with the neighbors in a communal apartment in order to reduce the likelihood of conflict or rejection, although they are not legally involved in the transaction.

Dormitory room lease agreement

The Housing Code of the Russian Federation defines such premises in Art. 94 and formulates their main purpose: citizens are accommodated on such living space for the duration of their work in the organization, service or training. At the same time, the provision of housing is carried out through a rental agreement (Article 105 of the Housing Code of the Russian Federation). The owner of a room in a dormitory may be the state, municipality, entity- employer, educational institution, department. There are also private rooms. If it is necessary to rent a room in a room, it is necessary to follow the algorithm given for renting rooms in apartments and communal apartments depending on the type of their owner, respectively.

Thus, the structure of the room lease (hire) agreement is practically the same as the entire apartment lease (hire) agreement: preamble, subject of the agreement, rent and conditions for its implementation, term (optional), conditions for changing and terminating the agreement, responsibility of the parties , final provisions, details and signatures of the participants in the transaction. The description of the subject of the contract, in addition to the address, also includes a clarification that 1 room is rented, and not the entire apartment, and its details: location in total area, number or other possible data. The contract is drawn up taking into account the requirements of the Housing and Civil Codes of the Russian Federation.

Today, the inhabitants of Russia have a lot of questions regarding real estate. It is difficult to understand the nuances and features of this area on your own. Each transaction involving real estate must be properly executed and comply with current legislation.

To guarantee the legality of the procedure, as well as to confirm the legal integrity of both parties, an appropriate agreement is concluded. This document also allows you to protect the participants in the transaction from possible risks and unexpected expenses. Speaking about the lease of residential real estate, it should be noted that this procedure is a commercial transaction, the essence of which is the transfer of property into the possession of third-party citizens for a certain period.

It is the duty of the tenant of the property to pay regularly and in a timely manner for its use. Also, the tenant and the landlord are assigned certain rights and obligations. The easiest way to establish them is the competent formation of a standard contract.

When forming and signing a contract, it is important to have knowledge in the field of current legislation. This is due to the fact that the Civil and Housing Codes, which are fundamental for this industry, are regularly improved.

It is quite difficult for a person who is far from the legal sphere to learn about all the changes in a timely manner. Taking into account the fact that the detection of errors in the drawn up document can have fatal consequences, before signing the contract, it is recommended to seek advice from a qualified specialist.

Formation of a real estate lease agreement in 2018

There are no particular difficulties in drawing up a standard residential property lease agreement. In fact, you can download the template and, having studied its features and content, make the necessary data and the required amendments. At the same time, in order for a contract to be considered legal, it must meet a number of criteria regarding both the design of the document and its content. The tenancy agreement must include the following information:

Name of the contract, place and time of its conclusion;
Individual data of both participants in the transaction, as well as a detailed name;
Technical features and detailed description of the subject of the transaction;
Enumeration of the rights and obligations of each of the parties;
The amount and schedule of payment of the rent;
The duration of the contract;
Personal signatures of both participants.

If there are no objections from any of the parties, in addition to the standard clauses, additional data may be included in the contract. Most often, this is done in order to determine the responsibility of the tenant in relation to the condition of the apartment, as well as to protect him from illegal actions on the part of the landlord.

You can draw up a residential property lease agreement in handwritten form, but, as practice shows, a document typed in a text editor is much more convenient. This is due to the fact that any corrections, changes and additions to the document are made within a few minutes. It should be remembered that the contract does not need to be registered in government bodies and notarize.

To fix the fact of the transaction, the landlord needs to come to Rosreestr. Employees of this structure must submit a sample rental agreement, the original document proving the identity of the owner, as well as papers confirming ownership.

In the event that the subject of the contract is real estate, which is in shared ownership, registering the transaction with Rosreestr, the consent of the co-owners should be added to the above papers.

There are frequent cases when, during the registration process, government officials require the formation of another sample of the act of acceptance and transfer of real estate. After the expiration of the contract, the owner needs to visit Rosreestr again and submit an appropriate application.

For the correct formation of a residential property lease agreement, as well as its subsequent legal legality, it is necessary that both parties to the transaction fulfill the obligations listed in the document. In accordance with the law, housing transferred to the tenant for temporary possession must have all working communications. The premises must also be in good condition.

As for the obligations of the tenant, the main one is the timely payment of the rent, the amount of which is specified in the contract. The tenant is also obliged to use the rented property only for its intended purpose and to maintain the condition of the premises and communications in their original form.

In addition to duties, the landlord also has rights. For example, he can enter into a sublease agreement and transfer the right of temporary ownership of real estate to third parties. In the event that the "new" tenants rent the premises for less than 6 months, there is no need to obtain the consent of the owner. It is enough to inform him about the actions taken.

In accordance with applicable law, the owner of the accommodation may impose a ban on the move-in of third parties. This is possible only if the number of new tenants and the square footage of the premises do not meet the established standards.

The 2018 rules also provide for the possibility of terminating a residential property lease agreement. The tenant may terminate the document at any time. The only thing you have to do is to inform the owner of the apartment in advance.

As for the homeowner, he can also initiate the termination of the contract, but only in the following cases:

The condition of the apartment is recognized as emergency;
When revealing the fact of misuse of the premises;
The tenant treated the property carelessly and allowed it to be damaged;
The tenant did not comply with the norms of communication with neighbors;
There was a delay in paying rent.

When terminating the contract, it is necessary to reflect this action in the document. This approach will allow you to correctly conduct the termination procedure and prevent a conflict situation.