The contract for renting a room in an apartment: how to draw up, samples for different cases. Contract for renting a room in an apartment. Sample

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 contracts.

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:

1. the presence of strangers during your absence;
2. shared kitchen and bathroom;
3. 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.
• Room rental in 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

1. 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.
2. 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 individual- the tenant can 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 government agency(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

1. 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).
2. 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 lease (hire) agreement for a room is practically the same as for the lease (hire) agreement for an entire apartment: the preamble, the subject of the agreement, rent and the conditions for its implementation, the term (optional), the conditions for changing and terminating the contract, the responsibility of the parties, the 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 being rented, and not the entire apartment, and its details: location in the common 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.

The amount of the accommodation fee is (amount in figures and words) 2.2. Payment for accommodation is paid monthly, up to 3. Rights and obligations of the parties 3.1. The landlord has the right: 3.1.1. Require timely payment of housing and utility bills. 3.1.2. Require termination of this Agreement in cases of violation by the Tenant of housing legislation and the terms of this Agreement. 3.1.3. The landlord may have other rights provided by law. 3.2. The landlord is obliged: 3.2.1. Transfer to the Tenant a vacant bed in a residential area suitable for living in a condition that meets fire safety, sanitary, environmental and other requirements. 3.2.2. To carry out a major overhaul of the premises where the Tenant's bed is located, associated with the general repair of the building. Get full text 3.2.3.

contracts by type

Use living space. 3.3.2. Use common property in the hostel. 3.3.3. The tenant may have other rights provided by law. 3.4. The tenant is obliged: 3.4.1. Timely pay for housing and services in accordance with paragraph.
2.1. actual agreement. The obligation to pay the fee arises from the moment the Agreement is concluded. 3.4.2. Use the property provided by the Landlord, including the residential premises for its intended purpose. 3.4.3. Comply with the hostel rules. 3.4.4. Provide the necessary documents upon check-in.
3.4.5. Timely (within 7 working days) compensate for material damage caused to property issued for personal use or other property of the hostel (bed, bedding, linens, etc.). 3.4.6.

Contract for the provision of beds

Question: A. was moved into a room in a dormitory on the terms of a contract for hiring a bed. In 2008, this hostel was transferred from the balance of the state enterprise to the municipality. In 2009, A. applied to the local government with a request to privatize the room in which he lived.

He was denied this, citing the fact that he had not acquired the right to use the room. Is the refusal valid? Answer: The refusal is unlawful if A. actually used the premises; lived in it on 01/23/2005; this room was not provided for the use of several persons. Rationale: Citizens of the Russian Federation occupying residential premises in the state and municipal housing stock on the terms of social hiring have the right to acquire these premises in their ownership on the conditions provided for by law.

This is established by Part 1 of Art.

What is the difference between renting and renting a home?

After the expiration of the term of the commercial lease agreement, the tenant has the pre-emptive right to conclude an agreement for a new term. The law provides that no later than three months before the expiration of the contract, the landlord is obliged to offer the tenant one of the following options:

• sign a contract for a new term on the same terms
• conclude a contract for a new term, but on different terms
• to warn about the desire to terminate the contract

It should be noted that the conclusion of a lease on new terms is possible only with the consent of the tenant. Termination of the lease agreement is possible only on the condition that the landlord does not rent the residential premises for a period of at least one year.

Commercial tenancy agreement

If the Landlord has not fulfilled this obligation, and the Tenant has not refused to extend the contract, the contract is considered extended on the same terms and for the same period. 5.2. The Landlord is not entitled to re-equip the Premises without the consent of the Tenant, if such re-equipment significantly changes the conditions for using the Premises. 5.3. The Lessee undertakes: 5.3.1. Use the Premises only for living, ensure the safety of the Premises and maintain it in good condition.
5.3.2. Timely pay the fee for the Premises. 5.3.3. Make your own utility bills. 5.3.4. Carry out maintenance of the Premises. 5.4. The Tenant is not entitled to reorganize or reconstruct the Premises without the consent of the Landlord.

1. WE RAISE A RESIDENTIAL PREMISES

6.1. The tenant has the right to conclude a sublease agreement.

Residential lease agreement

Residential premises transferred for use to such citizens under a social tenancy agreement are subject to subsequent privatization on the basis of Law N 1541-1 in equal shares, subject to the consent of each of them to receive housing in ownership. A citizen who actually used all the living quarters (room) in the house, which was a hostel, and lived in it at the time of entry into force of Art. 7 of the said Introductory Law, the conclusion of a social tenancy agreement for all isolated residential premises cannot also be refused. However, the following conditions must be met at the same time: as of January 23, 2005, this residential premises must not be provided for the use of several persons, or the right to use this premises of other persons must be terminated on the grounds provided for by law (see Art.

Residential premises are provided to citizens who are registered in need of improved housing conditions in order of priority, based on the time they were registered and included in the lists for receiving residential premises. For some categories, extraordinary provision of residential premises under a social contract is provided. When concluding a social contract of employment, all family members are indicated in it.

The family members of the employer include his spouse, children and parents. Other citizens may be recognized as members of the employer's family if they live with the employer and common household and their relationship is familial. Family members have the same rights to housing as the tenant and bear the same responsibilities for its maintenance.

First of all, this concerns payment for the maintenance of housing and utilities.

Contract of employment or lease agreement for a bed in a residential area

Important

The contract may contain a condition that the tenant is obliged to carry out repairs before returning the housing. General Template for a Residential Lease Agreement Lease Agreement for a Residential Premises City of " " City of I, hereinafter referred to as the "Landlord", on the one hand, and I, hereinafter referred to as the "Tenant", on the other hand, have entered into an agreement on the following:

1. SUBJECT OF THE CONTRACT

Under this Agreement, the Landlord undertakes to provide the Tenant with possession and use of a free isolated living space suitable for permanent residence in it for a fee determined by this Agreement 1.2. Under this Agreement, residential premises are provided:, with a total area of ​​​​sq. m. located at: , hereinafter referred to as the "Premises". 1.3. Together with the Tenant, the following citizens will live in the Premises under this Agreement: .

To comply with the pre-emptive right, the tenant must, no later than the time specified in the contract, offer the lessor to conclude an agreement on the same or other conditions. If the landlord refused to extend the contract due to the decision not to lease the premises, but within a year from the date of expiration of the contract concluded a similar contract with another person, the tenant has the right to demand the transfer of rights and obligations under the concluded contract or compensation for losses. A residential lease agreement must necessarily provide for the amount of the rent, if the payment is not specified, the agreement is considered not concluded.

The transfer of residential premises under the arena agreement is carried out according to the act of acceptance and transfer. Upon termination of the residential lease agreement, the tenant is obliged to return the dwelling in the condition in which it was received, taking into account normal wear and tear.
At the same time, the absence of a social tenancy agreement, as well as the decision of the local government to exclude the corresponding house from the specialized housing stock, does not prevent citizens from exercising the rights of a tenant of residential premises under a social tenancy agreement. Consequently, citizens who occupy isolated residential premises have the right to acquire their ownership, guided by Art. 2 of Law N 1541-1 (see, for example, Definitions Supreme Court RF dated 01/26/2010 N 5-B09-142, Moscow City Court dated 09/14/2010 in case N 33-28605 / 2010, Moscow Regional Court dated 10/14/2010 in case N 33-19833, Sverdlovsk Regional Court dated 10/10/2006 to case N 33-7128/2006). In the situation under consideration, the specified house lost the status of a hostel by virtue of the law.

Under the lease agreement for the Premises, the Tenant, with the consent of the Landlord, transfers for a period a part or all of the Premises rented by him for the use of the subtenant. The Sub-Tenant does not acquire an independent right to use the Premises. The Tenant remains responsible to the Landlord under the Premises sublease agreement.

6.2.

A lease agreement for the Premises can be concluded subject to compliance with the requirements of the law Russian Federation on the norm of living space per person. 6.3. The lease agreement for the Premises is paid. 6.4. The term of the agreement for the sublease of the Premises may not exceed the term of this Agreement specified in clause

7.1 of this Agreement. 6.5. In case of early termination of this Agreement, the agreement for sublease of the Premises is terminated simultaneously with it. 6.6. The rules on the pre-emptive right to conclude a contract for a new term do not apply to the lease agreement for the Premises.
The landlord may be the owner of the dwelling or a person whom the owner has specifically authorized to perform such actions. The person who accepts the premises for use is called the tenant. Any adult capable citizen can be a tenant. A legal entity cannot act on the side of the tenant of the residential premises. In the case of legal entities, a residential lease agreement is concluded. General provisions on a residential lease agreement are given in Chapter 35 of the Civil Code of the Russian Federation, in addition, the provisions of the Housing Code of the Russian Federation are applied to regulate relations for social hiring.

The parties, when concluding a lease agreement, have the right to provide in it additional conditions governing their relationship. However, additional conditions should not contradict the law.

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 the "" year;
• 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 "" year to "" year.

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.

Room lease agreement (sample) in an apartment in 2018-2019

1. If a room is rented out in an apartment owned by a person by right of ownership, then the requirements of Chapter 35 of the Civil Code of the Russian Federation are imposed on such an agreement. 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.
2. If we are talking about 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 can 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 will not allow the sublease of an apartment if, after the conclusion of the transaction, the living area per 1 family member is below the established minimum accounting rate (clause 1, article 76 of the LC RF).

You can download a sample contract from the following link: room rental agreement 2018 – 2019 download sample .

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 the rental and hiring of 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

1. 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).
2. 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, a municipality, a legal entity - an employer, an educational institution, a 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.

You can read about early termination of the contract in the article Early termination of the lease at the initiative of the landlord.

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 being rented, and not the entire apartment, and its details: location in the common 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.

Renting a room in a communal apartment - is there new law? The owner has the right to rent it at his own discretion, observing the legal requirements and the established order of use of common areas.

Any ownership of real estate on the right of common ownership creates the need to take into account the rules of cohabitation of citizens.

Constitutional rights determine legality free disposal of existing real estate, but in this case they also protect the freedom of persons participating in the right to joint ownership. These provisions are fixed:

In accordance with the provisions listed (surrender laws), it is rather difficult to determine a complete picture of the legal procedure. What are the rules for submission?

Experienced lawyers use the established practice and do not recommend ignoring the opinion of co-owners.

If the landlord has no other choice, rely on the legal framework, making additional efforts.

Standard contract for renting a room in a communal apartment.

Dormitory room lease agreement.

You can find out how to properly and the lease agreement on our website.

Step-by-step instruction

How to rent such housing? What is the object of rent in a communal apartment? The object of rent is not only a room owned by the landlord. A person does not tend to do without such places:

• corridors, passageways, entrance doors;
• utility rooms;
• toilet and shower room;
• kitchen and other areas shared.

Regardless of whether the right holder is the owner of one of the premises, the shared areas dictate the condition deal with co-owners.

This suggests that the consent of the neighbors is necessary, despite the aggressive attacks and self-confident conclusions of incompetent citizens who claim otherwise.

There is no doubt that the tenant will use the territory along with everyone else. If, chasing short-term gain, you move citizens in without the consent of the neighbors, this can provoke a conflict.

You will be the cause of it if the case goes to trial. Practice shows that similar cases become fraught with legal consequences. Referring to the moral damage received, you may be charged compensation in court.

In addition, you are not entitled to vouch for the persons you move in and guarantee their decency and integrity. Accordingly, they will ask you. But if the room is empty, and neighbors categorically refuse in the delivery of premises, it is worth acting in accordance with the following algorithm.

The consent of the co-owners must be in writing and certified by a notary. To do this, they will personally have to apply to a notary's office to certify a signature or to draw up a permit according to a standard sample.

Accordingly, some residents refuse permission not only because they are against it, but also because they do not want to visit a notary. If the neighbors refused, use the following methods:

1. warn interested persons about the delivery of their living space orally. This will be required only so that they do not provoke a conflict.
2. Approach the notary and prepare letter certified by him, warning co-owners about the sharing. Documents are prepared according to the number of owners. If the situation guarantees security in the relationship, a warning not certified by a notary is allowed.
3. Sent to the address of residence of each owner, with an attached inventory and receipt notification.

The received receipt, certified by the operator, the inventory and notification must be kept together with the agreement.

A document on the delivery of housing can be issued after receiving notification, but not earlier than 1 month after sending the letter.

Find out how to file correctly, as well as how to get the right to rent out housing, from our articles.

Nuances when submitting

When renting out privatized housing, the procedure depends on where shares the property is located, and what footage belongs to you. According to the rules, common areas Citizens have the right to use communal apartments in accordance with that percentage, which is set in the documentation.

For example, your neighbors own an area twice as large as yours. Accordingly, they have the right to use the common areas in a larger volume exactly twice. Since it is difficult to establish formal regulations here, legal capacity is coordinated with the help of citizens living in the territory.

That is, if a family lives on 2/3 of the property, then you can persuade and settle 2 people. If 1 owner lives, then actions are permissible on his part to limit neighbors to use the shower room, kitchen, etc. in order to come to a peaceful solution in such a situation, it is necessary to provide some benefits in the form of compensation.

In addition, it is necessary to comply with sanitary standards, which are 12 m 2 per person. If there are two or more residents, the footage should not be less than 9 m2 per person.

Premises suitable for rent act, indicating the established rules of use. The act is signed by tenants and their neighbors. it does not have such nuances, since the areas that are common do not belong to the residents, but to the municipality.

Residents can create and maintain a procedure for the use of common areas, but at the request of the municipality, the established procedure is reorganized.

Therefore, non-privatized premises in a communal apartment are rented only with the permission of the municipality.

To obtain permission, you need to go to the executive committee in charge of the apartment and write application for the settlement of citizens, indicating their number and legal capacity. After obtaining permission, you can draw up an agreement.

In this case, a personal visit is required. administration, submitting an application against signature and obtaining permission or refusal with an indication of the reasons, also against signature.

If the permit is not properly issued, the owner can withdraw the apartment, termination of the contract of social employment. In this case, it is the municipality.

Preparation of contract

The document must be drawn up in writing and certified by the parties acting as the landlord and tenant. It can be compose in free form, according to the model that you will find on the Internet, inserting the required data into the form, corresponding to the specific situation.

special requirements not included in the form. In some cases, it is allowed to write it "by hand". If the situation requires foreseeing many nuances, it is advisable to contact an experienced lawyer.

After the name of the document, the date is affixed at the bottom, the parties are identified in the introductory part, with the entry of passport data and the permission for registration is indicated or the condition is formulated: “without the right to register”.

The question of the right to register, if you do not plan to provide it, must be documented. Otherwise, the tenant will be able to request a residence permit through the courts.

The main part defines subject of the contract, which will be the transfer of the right to use a room in a communal apartment, indicating:

The core of the document is rights and responsibilities of the parties. What are the rights and obligations of tenants in a communal apartment?

The main thing that needs to be provided here is the rules by which citizens will live in a communal apartment, as well as payment amount for the premises and the timing of the payment. It is required to specify in advance the attitude to operation, responsibility for repairs, the safety of plumbing, furniture, etc.

Each specific situation provides for the characteristics and preferences of the parties. If there are any, it is imperative to include them in separate paragraphs, since what is not indicated in the text, but is implied by one of the parties or was expressed orally, has no legal force. For example, a ban on inviting companies of more than three people, drinking alcohol, etc.

These options can be enabled using the wishes of the neighbors in the communal apartment. Be sure to indicate the inadmissibility of the sharing of third parties, if you take such a position. That is, it is worth foreseeing absolutely any development of events, up to the provision on force majeure circumstances. a residential lease agreement, as well as in which cases it may be necessary to draw up, you can find out from our articles.

Occurs naturally after its expiration date. To do this, one of the parties warns the counterparty about its termination 2 months before the appointed date. If this does not happen, the contract is considered prolonged for the same period.

Otherwise, it may be terminated by agreement of the parties or unilaterally.

Termination initiator warns counterparty also 2 months before the eviction.

The warning must be issued in writing or in the presence of witnesses.

Termination also subject to registration in Rosreestr, if the document was registered. If the agreement was certified by a notary, its termination must be certified by a notary.

The complications arising from the termination are considered in court. Especially when it comes to liability and unfulfilled conditions, which violated the rights of one of the parties.

In order to minimize the risks when renting out housing in a communal apartment, a maximum of documentation is required. All agreements with other tenants, tenants, etc. must be recorded. And property can only be transferred by deed.