Apartment lease agreement with furniture and household appliances. Apartment rental agreement with a deposit sample form

1. GENERAL PROVISIONS

1.1. The Landlord provides for rent, and the Tenant rents an apartment located at: hereinafter referred to as the Apartment.

2. OBLIGATIONS OF THE LESSOR

2.1. To provide the Apartment to the Tenant from "" of the year in a habitable condition, with furniture and equipment according to the inventory of the property.

2.2. Carry out maintenance of the Apartment and equipment not under the jurisdiction of the housing and communal services.

2.3. 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 MGTS.

2.4. Notify the Tenant about visiting the Apartment 24 hours in advance, while the Landlord has the right to visit the apartment no more than once a month.

3. OBLIGATIONS OF THE LESSEE

3.1. Timely pay bills for non-local telephone connections and other services not included in the monthly subscription fee of MGTS.

3.2. Use the Apartment for own residence, not for sublease and not as an office. The Tenant will permanently live in the Apartment: .

3.3. Bear full responsibility for damage to the Apartment, furniture or equipment, as well as adjacent premises, caused through the fault or negligence of the Tenant, his family members or guests.

3.4. Leave guests responsible for the Apartment only after the written permission of the Landlord, while the Tenant is fully responsible for damage caused to the Apartment, furniture or equipment, as well as adjacent premises due to the fault or negligence of the guests in the absence of the Tenant.

3.5. Keep pets in the Apartment only with written permission from the Landlord, while the Tenant is fully responsible for the damage caused by his pets.

3.6. Carry out major repairs or make any significant changes in the Apartment only with the written permission of the Landlord.

3.7. The Tenant is not responsible for the natural depreciation of the Apartment, furniture and equipment.

3.8. Allow the Landlord to enter the Apartment (clause 2.4) to verify compliance with the terms of the agreement.

3.9. Respect the peace of neighbors at night.

4. MUTUAL GUARANTEES

4.1. The Landlord guarantees that the Apartment belongs to him by right, all necessary permissions from the co-owners, if any, are obtained and the conditions for renting the Apartment 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 Landlord guarantees that he and others, if any, registered in the Apartment and relocated from it for the purpose of renting out the latter, have not been infringed on their rights under the norms of living space per person, especially minors.

4.4. The Lessee guarantees timely and without delay to pay the rent and other payments stipulated for him by this agreement.

4.5. The Tenant guarantees that he will live in the Apartment for at least the agreed period (clause 6.1).

5. PAYMENT TERMS

5.1. The monthly rent is set at Rs.

5.2. When signing the Agreement, the Tenant pays the first months of renting the Apartment, which amounts to rubles, then payments will be made in advance for the period, no later than days from the beginning of the paid period.

5.3. On the basis of clause 3, article 614, part 2 of the Civil Code of the Russian Federation, the amount of rent cannot be changed more than once a year and only by agreement of the parties.

5.3.1. The first change in the amount of rent cannot occur earlier than 6 months from the beginning of the established lease period (clause 6.1), all subsequent changes - no less than 12 months from the previous change.

5.3.2. The refusal of one of the parties to change the amount of the rent proposed by the other party, if the parties cannot reach a compromise solution, is not grounds for immediate termination of the contract. In this case, the Tenant has the right to stay in the Apartment for one more month after the already paid period, paying it at the rate of rent specified in paragraph 5.1, and if the amount of rent has been changed, the last agreed and changed based on the conditions of this paragraph.

5.3.3. The amount of the rent cannot be changed, in any direction, only on the basis of the desire of one of the parties or on the basis of seasonal fluctuations in the price of renting real estate.

5.4. When signing the agreement, the Tenant leaves to the Landlord a deposit for the safety of the property and compliance with the terms of the agreement by the Tenant, in the amount of rubles.

5.4.1. The landlord has no right to use the deposit for personal purposes.

5.4.2. When the Tenant actually leaves the Apartment, the congress, the parties draw up an act of returning the property. The agreement and signing by both parties of the Property Return Act is the basis for the return of the deposit.

5.4.3. The deposit can be used, by agreement of the parties, as payment for a comparable rental period, but only before the Tenant leaves the Apartment directly - the congress.

5.4.4. By agreement of the parties, and only at the direct departure of the Tenant, the remaining payments provided for the Tenant can be paid from the security deposit.

5.5. Electricity is paid by the Tenant / Landlord.

6. TERM AND RENEWAL

6.1. The lease term is set from "" year to "" year.

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

6.3. The agreement to renew the contract must be signed, and in the case of an extension with a change in conditions, agreed and signed no later than days before the expiration date of this agreement or the last agreement to renew it.

6.4. If one of the parties refuses to prolong the contract, it is obliged to notify the other party at least days before the expiration date of the contract or the last agreement on its extension.

7. EARLY TERMINATION

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 Tenant retains the right to unilaterally terminate the agreement by notifying the Landlord in writing days in advance, but if such termination occurred earlier than "" a year, the deposit is not returned, cannot be used as payment for a lease period commensurate with it (clause 5.4.3), from which the remaining payments stipulated for the Tenant (clause 5.4.4) cannot be paid, except for the cases provided for in clause 7.4 of this agreement.

7.3. The Lessor does not have the right to terminate the contract unilaterally before the expiration of the contract or the last agreement on its extension, if the Lessee complies with all the terms of the contract, except for the reasons specified in clause 7.4.

7.4. If one of the parties is forced to terminate the agreement due to force majeure circumstances provided for by applicable law, or the introduction of a government ban on the actions provided for in this agreement, it is obliged to notify the other party, in writing, at least days before the date of such termination.

7.5. In case of early termination of the contract at the initiative of third parties, in violation of the Lessor's guarantees (clause 4.1, clause 4.2 and clause 4.3), the Tenant has the right to stay in the Apartment for days in excess of the paid period free of charge, and if such accommodation is impossible, the Landlord is obliged to pay the Tenant a penalty.

7.5.1. The amount of the penalty is determined by the sum of the cost of each day of residence (monthly rent (clause 5.1) divided by thirty) multiplied by the number of remaining days in the overpaid period (clause 7.5) and twice the cost of each day of residence multiplied by the number of remaining paid days. The Landlord is obliged to pay the penalty no later than the date of actual leaving of the Apartment – ​​exit agreed with the Tenant.

7.5.2. In case of voluntary abandonment of the Apartment by the Tenant, in case of early termination of the contract (clause 7.5), or departure on other conditions agreed with the Landlord, the penalty is not paid.

7.6. A two-time violation by the Tenant of clause 5.2 of this agreement, without documented valid reasons (hospitalization, business trip, etc.) entitles the Landlord to terminate the agreement unilaterally with notification of the Tenant at least five days before the date of such termination. The deposit (clause 5.4.) is not returned in this case.

7.7. In case of early termination of the agreement at the initiative of the Tenant after the conclusion of the agreement, but before the date of provision of the Apartment by the Landlord (clause 2.1), the Landlord returns to the Tenant the rent paid (clause 5.2) and half of the deposit (clause 5.4), while, from the returned part the costs incurred by the Landlord related to the fulfillment of the Tenant's wishes to change the Apartment and / or its furnishings are deducted.

7.8. In case of early termination of the contract at the initiative of the Lessee after the conclusion of the contract and the date of provision of the Apartment by the Lessor (clause 2.1), the deposit is not returned, even if the Lessee has not actually moved into the Apartment yet, and the rent paid is returned minus each day after the date of provision of the apartment and the cost of expenses incurred by the Landlord in connection with the fulfillment of the Tenant's wishes to change the Apartment and/or its furnishings.

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 for the Lessee and the Lessor.

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

DETAILS AND SIGNATURES

landlord

• Registration address:
• Mailing address:
• Phone fax:
• Passport series, number:
• Issued by:
• When issued:
• Signature:

Tenant

• Registration address:
• Mailing address:
• Phone fax:
• Passport series, number:
• Issued by:
• When issued:
• Signature:

What is a rental contribution? Security deposit, security deposit implies an amount of money approved by both parties to the transaction, deposited by the tenant as a guarantee of compensation for possible losses in the event of property damage landlord.

In other words, the insurance contribution when renting out housing is hypothetical damage insurance, which the tenant can bring to the owner in the event of, for example, flooding of neighbors, breakage of furniture, equipment, etc.

If at the end of the lease contract the premises are transferred to the landlord in their original form, the deposit returned in full.

If, after the return acceptance and transfer of the keys, a discrepancy with the original state is revealed, the landlord has the right to withhold the necessary amounts from the deposit to cover expenses.

Sample apartment rental agreement with a security deposit.

Sample additional agreement to the contract of employment on a security deposit.

Definition of collateral

This is the amount, when renting out housing, which the tenant pays as a guarantee of your intention to rent a house up to a certain date (usually before the end of the contract, if any).

Often, verbal agreements include the wording “first and last month of rent”, that is, the tenant pays 2 monthly stays, one of which is the payment for the current month, and the second is the collateral of his intentions to rent housing for at least another month.

Unlike a security deposit, a security deposit covers only the cost of delivery and is not intended to compensate for losses in case of damage to property.

However, by mutual agreement of the parties, at the end of the rental period, the security deposit can be used to reimburse the cost of repairs / cleaning (for example, if the tenants leave earlier than the term stipulated in the contract), just as the insurance deposit can be used to last month's payment.

How to return this money for renting an apartment? Its amount, as well as the amount of the security deposit, is kept by the landlord until the end of the contract. These types of security deposits are in no way related to agency/private realtor fees.

Commission- this is the money that is paid to the intermediary and is not returned at the end of the lease, in contrast to the insurance deposit.

Find out what is included in our article.

Purpose

Is a security deposit required when renting a property?

The expediency of making an insurance contribution most often depends on appraised value of housing which is for rent.

Usually, a security deposit is asked for when renting a property with European-style renovation, the presence of expensive equipment. Find out on our website about when renting housing with furniture and appliances.

For empty or "killed" apartments, the deposit is usually do not require, in contrast to the deposit, which is not tied to the condition of housing, but the cost of monthly rent.

The amount of the deposit is set personally by the owner. Often, in order to reduce the financial burden on the tenant, the owners agree to make a deposit amount in installments during the first 2-3 months of residence.

In legislation no separate rule, which defines the concept and purpose of the security deposit when renting housing. This type of transaction insurance can be indirectly attributed to the contractual type of fulfillment of obligations acc. Art. 329 of the Civil Code of the Russian Federation “Methods for fulfilling obligations”.

Civil Code of the Russian Federation Article 329. Ways to ensure the fulfillment of obligations

1. The fulfillment of obligations may be secured by a penalty, pledge, retention of the debtor's thing, suretyship, independent guarantee, pledge, security deposit and other methods provided for by law or an agreement.
2. The invalidity of an agreement on securing the performance of an obligation does not entail the invalidity of the agreement from which the principal obligation arose.
3. In the event of the invalidity of the agreement from which the main obligation arose, the obligations related to the consequences of such invalidity to return the property received under the main obligation are considered secured.
4. Termination of the main obligation entails the termination of the obligation that secures it, unless otherwise provided by law or contract.

What does a rental contribution mean? Based on the meaning of the law, the insurance deposit is equated to other methods enforcement of obligations, such as suretyship, pledge, retention of the debtor's property, etc.

However, the concept of “insurance deposit” does not appear in the text itself, which often becomes the cornerstone in disputes regarding the legality / illegality of withholding a deposit to pay off losses, etc.

About, as well as yourself, you can find out from our articles.

How to apply?

The security deposit acts as insurance for the “purity” of the transaction only if the fact of its payment is fixed in the lease contract a separate item.

It must clearly state the purpose of the contribution (security deposit or security deposit) and its amount, in figures and words.

If the contract also contains the signature of an intermediary (realtor), he acts guarantor use of the contribution for its intended purpose.

By affixing his signature, the intermediary undertakes to be an “arbiter” in case of disputes arising related to the use of collateral or contribution. This is included in the cost of intermediary services (at least for realtors who value their reputation).

Deposit or pledge funds can be transferred personally into the hands of the owner or transferred to his current account. In the second case, the tenant's receipt from the bank acts additional guarantee the fact that the lessor received the security deposit (naturally, if this is indicated in the purpose of the bank payment).

Contract Requirements

The surest way to secure the transaction on both sides is to enter into a separate collateral contract (a sample can be downloaded on the Web).

The subject of the agreement is the money specified in the contract in figures and words. The document lists the obligations of the tenant (mortgagor), including ensuring the safety of the property of the owner (mortgagor), warning of early termination a certain number of days before the date of termination, etc.

In a separate paragraph, the right of the pledgee to compensate for possible losses at the expense of the pledge amount is taken out. Compulsory there is also a clause that determines the right of the mortgagor to receive collateral from the landlord in full in the event of the proper fulfillment of his obligations to rent housing.

Such a contract, sealed by the signatures of the owner and the tenant, has legal force and can be considered in court as a document defining the obligations of both parties.

Contracts of deposit (pledge) when renting a dwelling.

Is the amount refundable?

Is the deposit returned when renting a property? As mentioned above, if the tenant fulfills in good faith his obligations specified in the contract (timely payment of the monthly payment, safety of property, etc.), the landlord must return it in full.

The most common argument motivating the non-return of money is the divergence of views of the owner and the tenant on the condition of the housing at the end of the lease.

There is such a thing as depreciation or normal wear and tear rental object, such as loose hinges, worn floorboards and other small details. But a broken window or a burnt sofa cannot be attributed to natural wear and tear.

If the owner explains the non-return of the pledge by the presence of losses related to normal wear and tear, there is every reason to sue him by filing a claim for the recovery of unjust enrichment.

About that, you can find out from our article.

How to refuse payment?

Require a security deposit or not? personal decision of the landlord. But the owner is obliged to warn the potential tenant about this side of the transaction even before the conclusion of the contract, so that the latter calculates his financial capabilities.

If the tenant presents a "surprise", announcing the need to make it after the settlement, the tenant has the right to refuse- after all, the primary contract did not provide for the availability of insurance sums. In order to protect yourself from such "swings", it is advisable to clarify the issue of the security deposit at the stage of housing inspection.

Finally, we recall that the pledge and security deposit are, first of all, safety measures, not additional ways to make money on a tenant.

Owners of real estate renting it (renting) may require tenants to pre-pay a cash deposit. This is necessary to obtain guarantees for compensation for damage to property that may be caused in the process of using the premises. In this case, they conclude an apartment rental agreement with a deposit (you can download a sample for free from this article).

Transaction form

A pledge agreement may be executed orally or in writing. A written version is required if:

• the lease term exceeds the period of 1 year;
• one party to the transaction is a legal entity, and the other party is an individual.

Such an agreement must be registered with Rosreestr. The security deposit is paid at the same time as the rent at check-in. The amount of the deposit and the fact of its payment are fixed by a receipt.

In the mortgage agreement within the framework of the rental of housing, it is necessary to prescribe the following data:

• information identifying both parties to the transaction;
• a list of persons who will live in the apartment;
• description of residential premises and property assets located in them;
• if there are defects, they must be indicated in the contract;
• term of hiring premises;
• the amount of the rent;
• a list of rights and obligations for both parties;
• conditions for early termination of the contract;
• the amount of the collateral and the conditions for its use;
• procedure for actions in case of force majeure situations;
• details of the parties and signatures with transcripts.

Be sure to provide a field for specifying the address of the apartment being rented in the sample lease agreement with a deposit.

The conditions for renting an apartment are detailed when specifying the amount of the security deposit. The amount paid in advance can be equal to half the monthly rent or its full amount.

When a rental agreement is drawn up, it can be supplemented with copies of the owner's and tenant's passports. To confirm the rights to the apartment, a copy of the USRN extract is attached to the agreement. The number of rooms, the area of ​​\u200b\u200bhousing are taken from the technical plan.

The deposit must be returned to the tenant at the end of the term of the contract in the absence of damage to the property. The landlord cannot keep a security deposit to cover costs if:

• furniture or household appliances were slightly damaged (for example, abrasion of upholstery, washable surface contamination);
• due to the fault of the tenant, the color of the walls was changed (provided that the changes were insignificant) or there were small holes from the nails.

Spending collateral must be justified. In this case, the owner of the apartment draws up a report detailing the costs and indicating the nature of the repairs carried out and their reasons. This reporting form must be created in duplicate - one for each party.

You can view and download a sample apartment rental agreement with a deposit for free using a direct link.

An agreement on the delivery of an apartment for rent is a mutual and compensated form of an agreement. Such an agreement is concluded between the owner of the property and the person wishing to temporarily use the property for a fee.

A rental agreement for an apartment with furniture and household appliances, drawn up according to the model, will protect both property owners from possible damage, and tenants from swindlers and scammers.

Rarely, when the object of the transaction is empty housing. As a rule, apartments are rented by people who have arrived for a while and do not have household appliances and furniture with them. As a result, a lease agreement is drawn up not just for housing, but for a room with furnishings. For this purpose, not just a lease agreement is used, but an agreement with a pledge. Let's consider how to draw up such an act and what points must be spelled out in it. In addition, we will tell you what a pledge is and why it is required.

Before proceeding to the essential points of the transaction and other points, it should be noted that the term of the transaction determines what form of agreement can be used. All types of lease agreements are divided into:

1. Short-term - prisoners for up to a year.
2. Long-term - the term of the agreement is 5 years.

If the maximum period of validity of the document is not specified, then it is automatically considered concluded for 5 years.

Another nuance that should be taken into account is that the apartment is rented as a dwelling. In this regard, it cannot be used as an office, warehouse or retail outlet. If a legal entity acts as a tenant, then employees of the company can live in housing.

You should not conclude a deal orally, because in the future this will not be able to become the basis for initiating legal proceedings. Experts in this field recommend drawing up an agreement in any case, even if we are talking about renting for several days.

The procedure for drawing up a transaction

The agreement is drawn up in two copies, and each participant receives his original document. The contract must include the following parameters:

1. Personal data of all parties to the agreement.
2. Full and comprehensive description of the object being leased.
3. Lease term.
4. The amount of the fee and the procedure for its payment.
5. Rights and obligations of the parties to the agreement.

In order for the document to come into force, it is not required to transfer it to a notary and certify in the prescribed manner, it is quite enough to sign the completed form. The act must clearly state the order of arrival of the tenant and the conditions under which he must move out of the apartment. If the tenant intends to visit the tenant and check the condition of the apartment, it is necessary to clearly state the time of arrival of the owner and the frequency of such visits.

How is a lease agreement drawn up with furniture and household appliances?

If the residential premises are transferred for use with household appliances and furniture, then in addition to the lease agreement, one more document will be required - an act of acceptance and transfer of property. In this paper, you will need to list all the property that determines the degree of safety of each piece of furniture and equipment.

During the fixation of items, it is necessary to indicate each defect and defect of the product. This act is prepared in two copies and is attached to the lease agreement, which is subsequently transferred to each of the participants.

The conclusion of an independent lease agreement for the property is also possible. In this case, the cost of using appliances and furniture is indicated and the necessary act is drawn up. In addition, a lease deed for the apartment is being prepared. Both documents must be signed by the tenant and the landlord, and all necessary documents are attached to the contract form.

Why is a deposit needed?

The clause on the pledge is written directly into the contract. If the document was not drawn up in writing, but a pledge is still required, it is necessary to draw up a receipt that the owner of the property received the money. Such a document must indicate the amount of the payment, as well as the conditions under which the money is returned to the lessor. The document can be written by hand, but the signature must be certified by a notary.

The money may not be returned if the lease is refused after the signing of the agreement and such a clause is present in the contract. In case of violation of obligations and certain provisions of the current document, disputes and disagreements may arise that can only be resolved through the courts.

In this case, the documents drawn up and signed can become actual evidence that one of the participants in the transaction has violated its obligations. To exclude complications and possible risks, it is worth paying special attention to the text of the agreement and drawing up the deed of transfer.

Conclusion

Often, apartments are already rented with furniture and household appliances, but users are not always conscientious and cause material harm to the owner by damaging property.

To protect yourself and minimize possible risks, it is worth preparing all the necessary documents in advance and be sure to draw up an act of acceptance and transfer of an apartment with property. An additional guarantee can be a deposit, which is also recommended to be issued in the right way.

Apartment rental agreement 2019 download sample and between individuals free form in word rooms

01.03.2019

Apartment lease agreement - a document confirming the provision by the owner of the apartment (landlord) to the other party (tenant) of the residential premises for a certain fee for possession and use with a limited period of time and other conditions. Notarization of the lease agreement is not required and the legislation does not provide for a mandatory notarial form of such an agreement, however, if desired, the parties have the right to provide for its notarization.

The concept of lease is introduced in the Civil Code of Russia in Chapter 34.

It is worth noting that from a legislative point of view, there is a difference between hiring and renting.

The concept of hiring was introduced in the Civil Code of Russia in Chapter 35.

According to Article 671 of the Civil Code of the Russian Federation, Residential lease agreement:

1. Under a residential lease agreement, one party - the owner of the residential premises or a person authorized by him (the landlord) - undertakes to provide the other party (the tenant) with the residential premises for a fee for possession and use for living in it.

2. Residential premises may be provided to legal entities for possession and (or) use on the basis of a lease agreement or other agreement. A legal entity may use the premises only for the residence of citizens.

That is, as can be seen from the law, a lease agreement applies only to residential premises and if one party transfers a residential apartment to the other for use, then a lease agreement is concluded, but if the premises are transferred to a legal entity, then a lease agreement is concluded.

As a result, in order to determine exactly what type of contract you need to conclude, it is better to consult with a lawyer. Since there are nuances and, as a rule, these concepts can be confused.

* - Below are lease agreements, but there are also options between individuals, but this is due to the demand for such forms, however, once again, it is better to consult a lawyer to determine which type of agreement you should use in your situation.

Download sample (form), various contract optionsrenting an apartment in word (in Word, doc):

From an individual to a legal entity:

Forms are approximate and can be adjusted depending on the specific situation and needs.You can choose the form that suits you best.

4. The term of the lease is also the term of the contract. If such a period is not indicated, then the possibility of terminating the contract after an event or by agreement of the parties is prescribed.

5. Responsibility. Consequences associated with non-compliance with the contract by either party.

6. Other items. You can indicate the condition of the dwelling, an inventory of furniture and / or household appliances, what is and in what condition. For equipment, an indication of the brand, serial numbers (if any), condition and performance at the time of the tenant's move-in is required.

7. Other terms. In addition to the above, if the owner has certain conditions regarding accommodation, for example, keeping animals in the apartment, the possibility of the tenant's guests staying, special conditions regarding the mode of using any items (for example, do not listen to loud music, do not smoke) - this is so should also be noted in the text of the agreement. Any conditions that seem important to the parties regarding the housing itself or its rental would be appropriate to indicate in writing. The timing and number of times a month for the owner to visit the dwelling to check the condition, etc.

Also, together with the contract, the parties can sign a lease (hiring) act, in which information about the property, residential premises with all the characteristics and a list of equipment, furniture, etc. is attributed in detail.

The need for state registration lease agreement is defined in Article 609 of the Civil Code of the Russian Federation:

1. 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.