Apartment lease agreement. Rental agreement for a room in a communal apartment

Regulated by the legislation of the Russian Federation.

Fulfillment of its requirements ensures the observance of the interests of both parties. The third interested person is the state: the resettlement of people must take place within certain regulatory frameworks, excluding the arbitrariness of the landlord or tenant.

In the housing sector, legal relations are regulated by the norms of the Civil Code. Main legislative provisions:

These basic principles should be reflected in any residential property lease:

  • Houses;
  • apartments;
  • rooms.

Amount, calculation procedure rent payments not specified in the law. It is determined in each individual case independently by mutual agreement.

The deal states rental period, after which the hiring party must return the property in good condition. If this did not happen, and the owner did not make claims for the return of the property, then the lease relationship is extended for an indefinite period.

Characteristics of the agreement

Lease contract consists of the following sections:

Mandatory are transfer-acceptance certificates. This document contains a list of leased property with a description of the main characteristics and cost. In addition, the papers provided to the tenant necessary for the operation (instructions, etc.) are listed. Possible hidden defects are agreed upon. The tenant confirms his consent to the acceptance of the property in the form as it is recorded in the acceptance certificate.

Rights and obligations landlord:

  • is obliged from the moment of signing the document to transfer the room for use in accordance with the inventory and the act of transfer;
  • has the right to check the condition of his property, make comments on its use;
  • terminate the contract in case of damage to property.

Rights and obligations tenant:

  • is obliged to pay the rent on time, return the property in accordance with the inventory and the act of acceptance;
  • has the right to demand reimbursement of expenses for the repair of defects not specified in the act of acceptance and transfer, up to early termination of the rental relationship.

When negotiating the amount of the rent, it is possible to making a deposit determined by the value of the property listed in the inventory. In case of delay in payment, the landlord has the right (should be specified in the document) to withhold them from the amount of the deposit.

The liability clause provides material compensation for losses both parties: penalties, fines.

Penalty amount defined:

Total penalty paid cannot exceed 10% from the original amount.

Fines stipulate independently:

  • for false information about the state of the property transferred for use;
  • absence ;
  • damage to the leased property;
  • untimely notification of accidents and malfunctions that have taken place.

Termination of contractual relations

In addition to fines, special conditions are provided for the unilateral termination of the lease agreement.

For the tenant such is the non-compliance of the living conditions with contractual obligations. These include poor-quality utilities, interference with the use of third-party property, and significant unrepaired defects.

The landlord has the right demand early release of housing in the following cases:

Force majeure circumstances are prescribed in the agreement to exclude unlawful claims of one of the parties. Financial difficulties of the tenant are excluded from force majeure circumstances.

What to pay attention to

Before signing a lease agreement, you must check the conformity of the property indicated in the inventory, with available. In this case, it is necessary to pay attention to its technical condition, year of manufacture, price. Otherwise, the collateral value may be overstated. In addition, an undetected malfunction is a pretext for early termination for the landlord (may blame the tenant).

The tenant should verify the ownership of the property to ensure that it is safe for the duration of the lease against claims by third parties with equal or greater title to the property.

For the landlord, the main thing is authenticity of submitted documents future clients. Making a contract with words, without seeing the certifying papers, can have negative consequences.

Essential conditions

The most important thing in a lease agreement is the fulfillment by the parties of their obligations.

The landlord is obliged to provide complete information about the rented housing, to provide access to utilities. Water supply, sewerage, electricity, gas must comply with contractual requirements.

Troubleshooting property - a special article of the agreement.

Several options are provided:

  • the owner of the property corrects the defects free of charge (makes a replacement) at the request of the client;
  • the tenant carries out repairs at his own expense, which is reflected in the reduction of rent payments or reimbursement of cost.

If it is impossible to eliminate the defects that have arisen in the property, the tenant has the right to demand a reduction in monthly payments or terminate the contract.

All claims must be made in writing.

Maintenance and overhaul(which is noted in the document) can be carried out by both the owner and the tenant. In the case of repairs by the tenant, permanent improvements must be taken into account when terminating the lease and reimbursed by the owner.

Access to property to control its condition is a necessary condition, without which the rights and obligations of the parties lose their meaning.

Negotiated Possibility of sublease or lease tenant subject to the written consent of the landlord.

Special cases

Depending on the location of the property, the lease agreement is specified by the relevant clauses.

Living room can be rented:

All clarifications relate to living conditions to ensure the coexistence of strangers under one roof.

In the cottage a separate room may have autonomous sanitary facilities and an entrance. In this case, contacts between the owner and the client will be as necessary for each of the parties. The lease agreement has no additional clauses.

In the apartment and in the house with one entrance, the lease agreement stipulates:

  • time of arrival and departure;
  • the possibility of receiving guests;
  • noise level;
  • conditions for cooking, food storage;
  • maintaining cleanliness and order in common areas.

When moving in in a communal apartment the tenant is obliged to take into account the interests of neighbors, which should be reflected in the contract. In turn, the owner must ensure the client's rights to full utilities, access to the kitchen.

Short-term rental (daily rental housing) has its own characteristics, in which the contract has a simplified form:

  • lack of collateral value;
  • there are no items on current and major repairs;
  • without acts of acceptance and transfer and inventory of property;
  • rights and obligations relate only to the preservation of property.

Main difference from a long-term contract - the provision of services on an advance payment.

Compilation options

Each owner has the right to draw up an agreement in the form he sees fit, including or adding his own provisions. However, it should be borne in mind that in the event of a trial, the shortcomings made will lead to financial and material losses.

Rights and obligations, terms of termination of the contract, responsibility of the parties are important points of legal relationships. They have a regulatory framework, based on which it is necessary to conclude a lease agreement in order to keep the property in good condition.

Free samples of claims, complaints, contracts, etc. site

LEASE 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 "" 2016;
  • 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 the rent and other payments provided for in 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 term is set from ""2016 to ""2016.

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. In case of 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 _________________

rooms

_______________ "____" ______________ 2018

Gr. ________________________________________________, passport: series ________, No. ________, issued by ____________________________, residing at the address: ________________________________________________, hereinafter referred to as the "Lessor", on the one hand, and gr. ________________________________________________, passport: series ________, No. ________, issued by ____________________________, residing at: ________________________________________________, hereinafter referred to as the "Tenant", on the other hand, hereinafter referred to as the "Parties", have concluded this agreement, hereinafter referred to as the "Agreement", as follows:

1. THE SUBJECT OF THE AGREEMENT

1.1. The Landlord leases, and the Tenant leases a room ________ m2, in a ________ room apartment located at: ________________________________________________.

2. OBLIGATIONS OF THE LESSOR

2.1. The lessor undertakes:

Provide the Room to the Tenant from "___" _____________ 2018;

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 financial responsibility 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, have been obtained and the conditions for renting the Rooms have been 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 the rent and other payments provided for in this agreement.

5. PAYMENT TERMS

5.1. The monthly rent is set at _________ rubles.

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

5.3. Late payment by ________ or more days is considered a failure to comply with 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. Electricity is paid by ________________________.

6. TERM OF RENTAL

6.1. The lease period is set from "___" _____________ 2018 to "___" _____________ 2018.

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. In case of 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;

To 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 _______________

A room is a 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 room rental agreement, like an apartment rental agreement or a residential building rental agreement, is a property rental agreement. Chapter 35 of the Civil Code of the Russian Federation is devoted to the rental agreement of residential premises, and the relations of the parties under the lease agreement are regulated by Ch. 34 of the Civil Code of the Russian Federation. A room rental agreement is similar to an apartment rental agreement and should include the following items: the lease term, the cost of the rent, a description of the room, information about all existing owners, a list of persons who will live in the premises, conditions under which it is possible to terminate the lease agreement, and much more. other.

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.

____________________ "____" __________ 201__

We, the undersigned: _____________________________________________________________

passport series: ____________№__________________ issued by ________________________________

residing at the address: ________________________________________________________________

contact phone: ________________________________, hereinafter referred to as the “Landlord”,

on the one hand, and __________________________________________________________________

passport series: _____________ №_________________ issued by _______________________________

residing at the address: _____________________________________________________________

_________________________________________________________________________________

contact phone: ________________________________, hereinafter referred to as the "Employer",

on the other hand, have concluded an agreement as follows.

1. The subject of this agreement.

1.1 The Landlord provides the Tenant with a room consisting of ____ rooms, In __ room apartment

at the address ________________, street _______________________________ house No. ____ building ___

fraction ___ building ____ apartment No. ______ for a fee, for temporary use for living purposes.

1.2 The premises belong to the Landlord on the basis

_________________________________________________________________________________

1.3 Together with the Tenant in the apartment will live during the lease term:

_________________________________________________________________________________

_______________________________________________________________________________

1.4 The lease period is set from "_____" ______ 201___ to "_____" ____________ 201___.

1.5 If the parties agree, the term of the Agreement is extended independently.

2. Rights and Obligations of the parties.

2.1 The landlord undertakes:

  • Provide the specified premises to the Tenant from "_____" ____________ 201 __.
  • Provide free access to the Tenant to the premises;
  • Upon termination of this Agreement, return the advance rent minus the days lived, subject to the Tenant's compliance with all its obligations under this Agreement.
  • To return without fail the amount of the guarantee payment (deposit) at the expiration of the lease period, if the Tenant fulfills p.p. 2.2; 3.3; 3.8.

2.2 The Lessee undertakes;

  • Use this room only for the purpose specified in paragraph 1.1. Do not sublease the premises and do not transfer the rights of use to third parties;
  • Do not sublease the premises and do not transfer the rights of use to third parties;
  • Do not make alterations and re-equipment without the written permission of the Landlord;
  • Assume full financial responsibility for the leased (lease) given residential premises and for all possible consequences of this hiring (rent);
  • Take full financial responsibility for all the property transferred to him in the premises, keep it in good order and clean.
  • Comply with fire safety rules;
  • Upon vacating this premises, transfer it to the Landlord in a condition no worse than when signing this Agreement.

3. Payments and settlements.

3.1. The monthly payment for the use of the premises is __________________________________ rubles.

3.2. Payment for rent is made by the Tenant for ____ month ___ in advance, then no later than the ____ day of each month.

3.3. As a guarantee payment (collateral), the Tenant contributed an amount in the amount of

3.4. At the time of signing this Agreement, the Tenant transferred to the Landlord an amount in the amount of

Rubles.

3.5. The amount of the rent cannot be changed without the written agreement of both parties.

3.6. Utility payments are made by the Landlord.

3.7. Payment for telephone conversations is made by the Employer.

4. Responsibility of the parties.

4.1. In case of early termination of employment and termination of the Agreement, each party is obliged to notify the other party no later than one month before the date of the proposed termination of employment.

4.2. Early termination of employment and termination of this Agreement is possible in cases of violation by the Landlord or Tenant of their obligations under this Agreement.

4.3. The parties made a mutual check of personal documents and documents confirming the right to dispose of this apartment.

4.4. The landlord confirms the consent of the persons registered or having the right to dispose of this apartment with the terms of this Agreement, as well as that this premises has not been sold, not mortgaged, is not the subject of a lawsuit and is not under arrest.

4.5. The Parties confirm that they are familiar with all the terms of this Agreement, fully agree with them and are personally responsible for their observance.

4.6. The Landlord and the Tenant certify the correct and competent work of the representative of the company. Claims in fact in the procedure for the transaction and registration of this Agreement do not have.

5. Additional terms.

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

6. Signatures of the parties.

LENDER ____________________________

EMPLOYEE ________________________________

This agreement is made in __________ copies, each of which has equal legal force.

Date ______________________________________