Residential lease agreement with security deposit. The act of acceptance and transfer of the apartment dated "__" ______________ 201__. Apartment lease agreement between individuals
apartments 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. 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. Provide the Apartment to the Tenant from "" 2019 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. monthly rent set in rubles.
5.2. When signing the Agreement, the Tenant pays the first rent of 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 exit of the Tenant, from security deposit the remaining payments foreseen for the Tenant may be paid.
5.5. Electricity is paid by the Tenant / Landlord.
6. TERM AND RENEWAL
6.1. The lease period is set from ""2019 to ""2019.
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 before "" 2019, the deposit is not returned, cannot be used as payment for a lease period proportionate to it (clause 5.4.3), from the remaining payments stipulated for the Tenant (clause 5.4.4) cannot be paid on it, 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. When 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 the expenses incurred by the Landlord are deducted from the returned part related to the fulfillment of the Tenant's wishes to change the Apartment and/or its furnishings.
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.
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.
You can download a sample rental agreement for an apartment with a deposit on many sites. However, for the correct drafting of such an agreement, it is important not only to have a sample, but also to understand what this type of agreement is, what relations it establishes and how it is regulated. Our article will tell about all this. You will also learn how to include information about the deposit in the rental agreement for an apartment.
Apartment rental agreement - legal framework
To begin with, it should be noted that officially the term "rent an apartment" is practically not used. Land plots, enterprises, buildings, structures and other property objects that are not intended for human habitation are leased out (Article 607 of the Civil Code of the Russian Federation). The apartment, in accordance with paragraph 2 of Art. 671 of the Civil Code of the Russian Federation, can be leased only when the tenant is an organization ( entity). In the general case, an apartment can be transferred by the owner to a third party for residence and use only under a tenancy agreement (clause 1, article 671 of the Civil Code of the Russian Federation).
The condition for the provision of an apartment for rent is that the tenant pays for the possession and use of it. The amount of the payment depends on many factors, while the homeowner has the right to set it on his own, focusing on the cost of utilities and the average rental price of similar premises in the region.
Form and content of the apartment lease agreement
The legislator does not establish clear requirements for the content of the contract for hiring or renting an apartment, so the parties can prepare the document on their own. At the same time, it is only important to remember that he, according to paragraph 1 of Art. 674 must be drawn up in writing.
IMPORTANT! If we are talking specifically about rent, that is, the case when an organization rents an apartment (for example, for employees to live), the contract is subject to state registration if it is concluded for a period of 12 months or more. With a shorter rental period or renting an apartment, the contract is not registered (Article 651 of the Civil Code of the Russian Federation).
The document should indicate:
- date and place of compilation;
- Full name of the owner of the housing, his passport details, contact phone number and details of the document confirming the fact that he has the right to own the rented housing;
- Full name of the employer, his passport details and contact phone number;
- Full name of persons who will live in the apartment together with the tenant;
- description of the dwelling, its features and shortcomings;
- the time period during which the contract will be valid;
- the amount of the rent, the terms and procedure for its transfer to the owner;
- rights and obligations of the parties;
- the procedure for terminating the contract before the end of its validity period;
- details of the parties and their signatures.
Also, the agreement may include an indication of the need for the tenants to transfer the pledge in favor of the owner. If necessary, the parties can correct the information included in the contract by adding and removing important or unnecessary information.
How to write a deposit in a rental agreement
Pledge, according to paragraph 1 of Art. 334 of the Civil Code of the Russian Federation, is a guarantee of an obligation that allows the pledgee (owner of the apartment) in case of default by the debtor (tenant) of obligations to use the subject of pledge to cover their own costs. At the same time, the conclusion of an agreement with the condition that the tenant pays a deposit is a right, and not an obligation, of the homeowner.
This security (usually its size is equal to the amount of the monthly payment for living in an apartment) allows the tenant to insure the risks associated with the unfair performance by the tenant of his duties (late payment of fees, damage to furniture or equipment, etc.). If the owner suffers any material damage, the received security deposit will allow it to be compensated.
The fact that employers Money in this case, it must be fixed in the contract concluded with the owner of the housing. It should also contain information on the purposes for which and in what cases the collateral funds can be directed.
For clarity, we bring to your attention a sample lease agreement with a pledge, drawn up taking into account all the requirements of the law. It can, if necessary, be used when compiling your own version, adapting to specific circumstances.
Sample lease agreement for an apartment with a deposit
APARTMENT LEASE AGREEMENT WITH A DEPOSIT
Krasnodar, 28.08.2018
1. The Subject of the Agreement
1.1 The Landlord transfers the apartment with cadastral number 35:64:014702:0541 belonging to him on the right of ownership to the Landlord for temporary possession and use, and the Tenant accepts the apartment and pays for it in accordance with the terms of this agreement.
1.2 Confirmation of the ownership of the apartment is an extract from the USRN No. 99/2018/87478512 dated 08/13/2018.
1.3 Under this agreement, the following apartment is transferred for temporary possession and use:
- address: Krasnodar, st. Svetlaya, d. 5, apt. 17;
- area: 44.5 sq. m;
- number of rooms: 1.
1.4 The apartment is provided to the Tenant for accommodation of employees of Fikus LLC arriving on a business trip to Krasnodar.
1.5 The Apartment is transferred to the Tenant in accordance with the act of acceptance and transfer given in Appendix 1 to this agreement.
2. Payment for the use of the apartment and the procedure for making settlements between the parties
2.1 The amount of payment for renting an apartment is 17,000 (seventeen thousand) rubles per month.
2.2 Payment of utilities (electricity, cold and hot water, water disposal) is carried out by the Tenant in accordance with the readings of individual metering devices.
2.3 The Tenant pays once a month by bank transfer to the account of the Lessor (account number: 40814519980145746925)
2.4 The first payment, which includes the payment for the first month of accommodation and the amount of the installment equal to the payment of one month of accommodation and recognized by the parties as a deposit made to ensure the fulfillment by the parties of their obligations under this agreement, is 34,000 rubles. The deposit is returned to the Lessee after the expiration of the contract, provided that the latter has fulfilled all financial obligations before the Landlord (including paid for the entire time of actual residence in the apartment), and also retained the quality of the apartment and the property located in it.
2.5 The payment for each subsequent month is carried out by the Tenant on a monthly basis until the 25th day of the previous month.
2.6 Unilateral change the amount of payment for the use of the apartment is not allowed. If it becomes necessary to increase or decrease the amount of payment, the parties conclude an additional bilateral agreement, which is an annex to this agreement.
3. Obligations of the parties
3.1 The Lessor undertakes:
- transfer the apartment to the Tenant for use and disposal from 01.09.2018;
- in the event of an accident that occurred through no fault of the Lessee, eliminate its consequences independently and at its own expense;
- if necessary, make major repairs to the premises and repair communications at their own expense.
3.2 The Lessee undertakes:
- pay the fee for renting an apartment in full in compliance with the terms established by this agreement;
- use the premises for the intended purpose established by clause 1.4 of this agreement;
- ensure the safety of the apartment and property transferred by the Lessor in their original condition.
4. Validity of the contract
4.1 The Agreement is valid from 09/01/2018 to 09/01/2019.
4.2 The Agreement may be terminated ahead of schedule by mutual agreement of the parties or in cases provided for by the current legislation of the Russian Federation.
4.3 The Lessor and the Lessee have the right to terminate the agreement unilaterally, subject to a written notice of this no later than 30 days before the date of termination.
5. Information about the parties
Landlord:
Aryutin Evgeny Pavlovich
Passport: 8908 512418, issued by the Department of the Federal Migration Service of Russia for Krasnodar Territory in the Central Organ of Krasnodar 05/12/2008
Phone: 8 111 111 11 11
Tenant:
Ficus LLC
TIN: 1234567890
PSRN: 9876543210000
6. Signatures of the parties
Landlord:
(signature) /Aryutin E.P./
Tenant:
(signature) /Efimov A.P./
So, a lease agreement with a pledge has one main difference from a conventional lease (hiring) agreement for residential premises - it contains a condition for the tenant to pay a deposit in favor of the landlord. Usually the amount of the security deposit is 100% of the cost of the first month of living in the apartment. If the tenant fulfills all financial obligations to the owner of the property, the deposit is returned to him in full after the expiration of the lease agreement. If the tenant does not pay any debt (for example, moves out of the apartment without making the last rent payment), the amount of the deposit is used to pay off it.
Sample apartment rental agreement for an individual- this is not a complex document that can be compiled according to a template / sample.
The lease agreement (lease) of residential premises prescribes the conditions of employment, terms of residence, price and payment procedure, termination conditions.
An acceptance certificate is drawn up for the lease (hiring) agreement, it is he who is the basis for the liability of the tenant for the premises (apartment, house, room)
Article updated 07/09/2018
Sample apartment lease agreement for an individual download
But first let me give you a few recommendations, because they have experience in dealing with tenants and landlords of apartments.
The main difficulty of working with tenants is their eviction from the apartment. Yes Yes!
Well, we haven’t settled yet, but we are already going to move out.
Alas, this cannot be ruled out. All of them (tenants) are white and fluffy until the door is closed behind the owner.
- So, in order to avoid problems with eviction, the front door must have two locks. Give the keys to one - give it to the tenants and keep it for yourself, hide the second one or say that it is lost. It is on the second lock that you can close the apartment in the absence of tenants, if they violate the terms of payment or carelessly treat the apartment.
- Check the reliability of water taps and electrical outlets, do not skimp on their repair or even replacement. A miser, as you know, pays twice.
- Do not enter into a contract long term, set a trial period - three months, for example. Write in the contract of employment the possibility of its prolongation (extension) subject to the implementation of the agreements.
- Describe in detail all furniture and household appliances with the name of brands and condition at the time of signing the contract
- If possible, immediately take a photo of the apartment and send it to the tenant's smartphone. Then, if necessary, it will be possible to return to these photos.
It is very important for the tenant to conclude a lease agreement with the owner of the apartment (house, room) or a person who has a notarized power of attorney from him with the authority to sign the lease agreement.
Indeed, in the real estate market, realtors, and even scammers, often act on behalf of the owner without a power of attorney.
Therefore, I recommend that you find out exactly who is the owner of this property.
You can get reliable information from Rosreestr.
Public data is issued to any person. Government duty— 250 rubles
Extract from the USRN (single State Register real estate) can be received by e-mail quite quickly (from a few minutes - depending on the load on the resource)
Order an extract from the USRN right now
This is a reliable legal service.
With an extract from the register, you will be sure of the legality of the lease agreement.
Transfer money for rent on receipt and only to the owner or legal trustee.
Sample lease agreement for an apartment with an individual
What points should be considered when concluding a contract?
- Conclude an agreement with the person who presented the passport.
- Pay attention to the registration in the passport
- Specify in the contract the persons who will live with the tenant
- Determine the terms of the rent that are convenient for the parties to the transaction
- Determine the conditions for checking the condition of the apartment
- Agree whether the rent includes payments for water, electricity and gas
- Be sure to write down liability for damage to property, fire or flood
- Be sure to transfer the apartment according to the Transfer and Acceptance Certificate, because the signing of the rental agreement does not confirm the fact of moving into the apartment. By the way, the contract of employment (lease) and the Act of acceptance and transfer can be dated by different numbers. But the date of the act must correspond to the actual settlement
- If the list is furnished and household appliances large - draw up an act of acceptance and transfer of the apartment on a separate sheet.
- Prepare the contract in advance so that later you can simply enter the personal data of the employer
Registration of a lease agreement in Rosreestr
The lease agreement can be registered with Rosreestr.
If it is concluded for more than a year, it is subject to mandatory state registration. The state duty of 350 rubles is paid equally by the parties to the agreement.
A lease agreement for registration with Rosreestr can be submitted through the MFC.Registration period - no more than 10 days.
Registration of the contract is carried out at the request of the parties.
By virtue of Part 1 of Article 51 of the Federal Law of July 13, 2015 N 218-FZ "On State Registration of Real Estate" (hereinafter - Law N 218-FZ), state registration of the lease of real estate is carried out through the state registration of the lease of real estate.
1 pledge ensures prevention of damage/destruction of the LESSOR's property. 3. If damage/destruction of the LESSOR's property is prevented, the LESSOR shall return the full amount of the deposit to the LESSEE at the time of termination of the contract. 4. In the event of damage/destruction of the LESSOR's property, the LESSOR has the right to satisfy its claims in full at the expense of the amount of the deposit without first applying to the court.
