Conclude an agreement to rent an apartment. Contract for renting an apartment. I. General conditions

To avoid disputes between the owner of the premises and the tenant, it is recommended to conclude standard contract renting an apartment. The paper has legal force, even if it is drawn up independently and not notarized. The lease agreement must be drawn up in accordance with the established rules and include mandatory clauses.

What is a rental agreement

Many Russians today rent housing because of the inability to purchase their own property. An apartment rental agreement is a paid or consensual agreement. It is concluded between the owner of the property and the tenant (physical or entity who wants to receive an object for a fee). The subject of the transaction can only be an isolated room suitable for permanent residence.

For a certain rent, the tenant uses the property for a specified period. The paper must contain the mandatory clauses provided for by the legislation of the Russian Federation. The transaction is not subject to mandatory notarization. The parties can sign the paper on their own, without the involvement of lawyers. At the initiative of either party, the agreement is subject to early termination in pre-trial or judicial proceedings.

Between individuals

When renting residential premises, the owner of the apartment can conclude an agreement with both a private person and an enterprise. Each case has its own characteristics. When drawing up an agreement between homeowners and individuals for a period of up to 1 year, moving into the premises of third parties free of charge is not allowed. The amount of payment for renting an apartment is not an essential condition of the agreement.

All persons who will live in the territory after signing the papers, except for children under 14 years old, are indicated in the document. If this is not done immediately, then with the consent of the landlord, tenants can be moved in later. The area per each resident must comply with legislative standards. As far as minors are concerned, these rules are not obligatory for them.

Between an individual and a legal entity

If an apartment rental agreement is concluded with an enterprise, then certain nuances should be observed. According to Russian law, when renting real estate for commercial purposes, the tenant can only use it for temporary residence of company employees. Tenants must ensure the safety of the owner's property. Tenants can reconstruct an apartment only with a written agreement from the owner.

Why do you need a rental agreement

Some Russians still defy the rule of law and prefer to do without the formalization of a lease, sublease, or lease. However, in this case, the parties to the agreement expose themselves to undue risk. If tenants use the property without an official document, the owner can evict them at any time before the end of the agreement without refunding the deposit paid earlier. In addition, disputes may arise regarding the cost of living for tenants.

The absence of official paper carries a risk for the owner of the apartment:

1. Unscrupulous tenants may neglect the rules for using housing.
2. The owner of the apartment will not be able to sue debts for non-payment of utility bills and rent.
3. Compensation for damaged property or stolen property of the owner (furniture, Appliances, dishes) without this document will become impossible.
4. The police will not accept a statement in case of problems with the tenants, if there is no official act of renting the apartment.
5. When tenants cause damage to neighbors (fire, flood, etc.), the owner will have to compensate for everything.

Legal regulation of the issue

The issues of renting residential real estate in Russia are controlled by the Civil Code. Long-term agreements are subject to state registration, which can be checked on the Rosreestr website. The process of registration of transactions depends on who acts as a tenant. When renting real estate to an individual, a lease agreement is concluded. If the tenant is a legal entity, then they conclude a lease agreement (part 2 of article 671 of the Civil Code of the Russian Federation). The specifics of the execution of this agreement are reflected in Chapter No. 34 of the Civil Code.

How to rent an apartment correctly

Before renting out your own living space to tenants, it is recommended to insure it. Rented housing is subject to higher rates of insurance. In some cases, the homeowner needs to obtain written consent from other right holders, neighbors, the municipality: when renting a room in a communal apartment, part of an apartment, non-privatized real estate.

After all issues with the property are settled, you need to find tenants. To do this, you can use the help of intermediaries or place an ad (preferably with a photo). The issues of making payments by the tenant, compensation for damage, the date of termination of the transaction, additional agreements are decided by the parties in a personal conversation and are necessarily reflected in an official document. The property of the landlord is transferred to the tenant under the act of acceptance and transfer of the apartment after the registration of the transaction.

Standard form of an apartment lease agreement between individuals

You can draw up this paper yourself, download the form on the Internet and print it, or use the services of specialists. A sample apartment rental agreement can be easily found on the websites of real estate companies. A model agreement with a private person contains information about:

• real estate leased;
• living conditions of a citizen;
• the amount of rent;
• circumstances under which the parties may terminate this agreement.

When is it better to contact a lawyer?

The apartment lease agreement is not among the complex documents. Any competent person can easily cope with drawing up an agreement if you study the legal aspects and samples on the Internet. However, in some cases it is better to arrange a deal with the help of a professional lawyer. Reasons for this may be the following:

• doubts that the landlord has the right to rent housing;
• the agency through which the transaction is concluded is not credible;
• a significant difference in the amount of payment for rent per month from similar offers.

What should the document contain?

It is very important to draw up a document correctly, without missing the mandatory points. The apartment lease agreement must contain information about the property and the persons involved in the transaction. In addition, the paper must reflect the duration of the agreement and the specific date when the tenant must vacate the premises (for a short-term lease). It is important to note who will pay for utilities, what rights the parties have, and the amount of the monthly payment. Each party to the agreement receives its own copy of the document.

Essential terms of the lease agreement

Many modern Russians prefer to rent housing, so arena contracts are drawn up often, in accordance with the standard template design requirements. It is important that the document contains essential conditions, without which the transaction is not considered concluded by law. These include the following:

• Information about the identities of the parties.
• Passport details of the participants in the transaction.
• Subject of the contract.
• Features of the property that the owner transfers to the tenant, allowing you to unambiguously determine the type of object.
• The amount of the rent (if the contract is drawn up without this clause, then this is a document on the transfer of real estate for free use).

Mandatory Sections

The criteria for filling out this document are not specified in the Civil Code, however, it is important to follow certain structuring rules. The agreement must include the following sections:

1. Preamble. Here you need to specify the name of the document, the place of the transaction, the details of the parties.
2. Subject of the contract. The item includes a description of the premises transferred to the tenant: address, area, cadastral number, title documents for the property.
3. The amount of the monthly payment for housing.
4. Rights and obligations of the tenant and owner.
5. Responsibility of the parties.
6. The duration of the agreement.
7. Details and signatures of the owner and tenant. Here it is worth describing the parties to the agreement in as much detail as possible: indicate passport data, address of permanent registration. For legal entities - TIN, PSRN, BIK and other available details. It is also recommended to attach copies of documents to the agreement.

Validity of the lease agreement

Today, the rental of apartments is issued in one of the following ways:

• conclusion of long-term contracts (from 1 year);
• conclusion of short-term contracts (up to 12 months).

The classification is explained by the following circumstances:

1. If the document is drawn up without information about the timing of the termination of the lease, it is automatically recognized as concluded for 5 years. Before terminating the deal and returning the keys to the landlord, the tenant must notify the landlord of his intentions in writing, at least 3 months in advance.
2. A long-term apartment lease agreement is subject to state registration with Rosreestr.
3. When drawing up short-term contracts, the rules regarding housing repairs do not apply, because in 12 months the need for this may not appear.

Features of registration of rental housing for a long time

Long-term apartment lease agreements have the following features:

• the tenant has the right to extend the lease;
• with the consent of the owner, part of the premises can be subleased;
• temporary residents are allowed to move in for up to six months.

Short-term deals do not give tenants the rights described above. If the tenant paid for the housing in a timely manner, did not violate the terms of the agreement, did not damage the property of the owner during use, he can extend the contract. The landlord has the right to refuse, provided that he does not rent his apartment to other people within 12 months. Otherwise, the previous tenant has the right to apply to the court with a demand to compensate for the losses incurred by him due to non-receipt of an apartment for a new term.

Rights and obligations

After the act of acceptance and transfer of housing is drawn up and the papers are signed, each of the parties has certain obligations and rights. The landlord undertakes to provide the tenant with a habitable premises. If the tenant discovers deficiencies that he did not previously know about, it is allowed to demand a reduction in rent, correction of these deficiencies, reimbursement of expenses for the elimination of defects.

The tenant undertakes to pay for accommodation in a timely manner, use the premises only as housing, monitor the safety of the owner's property. If the contract is long-term, then the tenant has the right to rent the apartment under a sublease agreement with the permission of the owner. For a period of up to six months, temporary residents can be admitted free of charge. The owner has the right to prohibit the moving in of third parties if the apartment does not have the area necessary for this.

Responsibility of the parties

The legislation provides for liability for each party. The owner of the property is only responsible for the transfer of housing in proper condition, freed from encumbrances, to the tenant. The tenant is responsible for:

• safety of the premises;
• use of housing for its intended purpose;
• timely payment;
• actions of persons living with the tenant.

Depending on the violation committed, the form of liability differs. The owner has the right to terminate the agreement and demand compensation for the damage caused through the court. Regardless of whether the tenant committed a violation or temporary residents, the tenant pays for the damages. If the tenant has made a delay in payment, then the owner has the right to collect interest, which is charged at the rate of the Central Bank for each day.

Early termination of the lease

The transaction is an agreement between the two parties, which can be terminated ahead of schedule at the initiative of any participant. The owner can terminate it and require the tenant to vacate the apartment if:

• the condition of the leased property deteriorates;
• payment is delayed more than two times in a row;
• there were significant violations in the use of the premises;
• the employer refuses to fulfill its obligations.

The grounds for termination of the transaction by the tenant may be the following:

• housing is unusable for reasons beyond the control of the tenant;
• the owner refuses to carry out major repairs;
• the owner does not transfer the housing to the tenant or creates obstacles for its use;
• defects were discovered that the employer was not previously aware of.

Video

1. THE SUBJECT OF THE AGREEMENT

1.1. The Landlord rents out the apartment belonging to him from the rooms, located at:, hereinafter the Apartment, with a telephone installed in it, and with the property located in the Apartment, hereinafter referred to as the Property, to the Tenant.

2. TERM AND PROCEDURE FOR THE PERFORMANCE OF THE AGREEMENT

2.1. Not later than "" 2019, in the period from to hours, the Landlord transfers, and the Tenant accepts the Apartment, the keys to the Apartment and the mailbox, the Property, according to the inventory (Appendix No. 1). The Parties agreed to consider “2019” as the date of commencement of hiring.

2.2. The term of employment is from "" 2019 to "" 2019.

2.3. The contract is valid from the moment of signing and can be extended one month before the end of the term of employment by agreement of the Parties.

3. SETTLEMENTS BY THE PARTIES

3.1. The fee for one month of renting an Apartment is rubles.

3.2. Upon signing the Agreement, the Tenant paid the Landlord an advance payment in the amount of rubles.

3.3. When transferring the apartment, the Tenant paid the Landlord for the first months of renting rubles, and also made a deposit for the property and telephone conversations in the amount of rubles.

4. OBLIGATIONS OF THE PARTIES

The tenant undertakes:

4.1. Pay a fee for the subsequent, after the paid, period of employment for each billing month (s) no later than days before the end of the paid period of employment.

4.2. Use the Apartment only for living.

4.3. Do not sublease the Apartment, and do not allow other persons to live in the Apartment, except for the following: .

4.4. Do not make alterations in the Apartment without the written permission of the Landlord.

4.5. Timely pay for long-distance and international telephone calls, as well as other paid services provided by phone on credit.

4.6. Ensure the Landlord's access to the Apartment within 24 hours from the moment of notification by the Landlord.

4.7. Compensate the Landlord for any damage caused to the Apartment and Property by their improper use or neglect, within calendar days from the date of notification by the Landlord.

4.8. Upon the expiration of the rental period, return the Apartment, all copies of the keys and the Property to the Landlord with the execution of the Act of completion of the lease.

4.9. In case of refusal to renew the Agreement or in case of early termination of the Agreement at the initiative of the Tenant, provide the Landlord with the opportunity to show the Apartment to potential tenants during the last billing month of rent. The Landlord undertakes:

4.10. During the term of the Agreement, do not sell the Apartment and do not take any actions that may prevent the Tenant from using it.

4.11. Upon receipt of the rent, issue a receipt to the Tenant.

4.12. Not more than once a month, in the presence of the Tenant and at a convenient time for him, check the condition of the Apartment, serviceability and safety of the Property.

4.13. Pay utility bills and telephone subscription fees.

4.14. If you transfer your rights and obligations under the Agreement to third parties, notify the Tenant in writing.

5. RESPONSIBILITIES OF THE PARTIES

5.1. The Landlord declares that at the date of conclusion of the Agreement he is not aware of the claims of third parties that may be brought against him, which will prevent the Tenant from using the Apartment, Property and telephone.

5.2. The Landlord has obtained the consent of the owners and persons registered at the above address for renting out the Apartment. In the event that co-owners or persons registered in the Apartment during the rental period prevent the Tenant from using the Apartment, the Agreement will be considered terminated at the initiative of the Landlord.

5.3. Changing the terms of the Agreement is possible with the consent of the Parties. The Party that is guilty of non-fulfillment of clause 2.1 of the Agreement or that proposes a change in the terms of the Agreement that is unacceptable to the other Party is considered to be the initiator of termination of the Agreement.

6. PROCEDURE FOR TERMINATION OF THE AGREEMENT

6.1. At early termination of the Agreement on the initiative of the Tenant, the latter undertakes to notify the Landlord in writing one month before the date of termination of the Agreement. In this case, the Landlord, no later than days before the end of the rental period, is obliged to return to the Tenant the payment for renting the Apartment for the paid, but unused rental period.

6.2. In case of early termination of the Agreement at the initiative of the Landlord, the latter undertakes:

6.2.1. notify the Tenant in writing one month before the date of termination of the Agreement;

6.2.2. return to the Tenant the fee for the paid but not lived period of employment;

6.2.3. reimburse the Tenant for the costs of renting another apartment and moving in the amount of the actual costs incurred by him, but not less than the monthly fee for renting the Apartment specified in clause 3.1 of the Agreement.

6.3. The Landlord has the right to terminate the Agreement unilaterally and demand the release of the Apartment within calendar days, and the Tenant is obliged to vacate the Apartment, in the event of:

6.3.1. violation by the Tenant of its obligations under clauses 4.2, 4.3 of the Agreement;

6.3.2. delays in the next rental payment for a period of more than a calendar day;

6.3.3. causing significant damage to the Apartment and Property due to improper use;

6.3.4. systematic (repeated) complaints from neighbors.

6.4. In case of early termination of the Agreement on the grounds specified in clause 6.3, the Landlord is obliged to return to the Tenant the fee for the paid, but unused period of employment, minus compensation for damage caused.

7. DETAILS OF THE PARTIES

Employer

Landlord Registration: Postal address: Passport series: Number: Issued by: By: Phone:

8. SIGNATURES OF THE PARTIES

Employer _________________

Landlord _________________

Please note that the contract of employment was 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.

If the property is rented for a long period, without fail should be drawn up standard apartment rental agreement. It governs relationships between individuals. Based on the document, conflicts will be resolved in court if they arise. That is why the document must be drawn up correctly and registered in the prescribed manner.

The paper guarantees that the tenants will not be evicted before the agreed time, and the owner will be sure that he can hold the tenants liable for damage or other unlawful acts. About how they differ from each other different types contracts for renting premises, we will talk about their essence and features of drawing up further.

Before you draw up an apartment rental agreement between individuals, you should understand what it is. The document on the removal of housing regulates the legal relationship between the two parties. This means that each of them has rights and obligations.

If the provisions of the contract are not complied with, for the infringement of the rights of any of the parties will have to answer in the manner prescribed by law. The document is drawn up only in writing. Its template can be found below. Fill out the form by hand or print the action. It's not essential.

The main part of the contract between the tenant and the owner is the description of the object of hire. In this case, they are rented apartments.

Be sure to solve the issue of price and write in the contract the term for renting the apartment. The description of the object indicates its location, conditions that must be suitable for living, as well as specifications apartments.

The agreement between the owner and the tenant must specify the exceptional conditions and the procedure for dealing with unforeseen circumstances. It is also necessary to reflect information about who should make payments for utilities, and whether it is possible to extend the contract. Besides. you need to list all those living in the room, as well as the features of the conditions for the repair, if its implementation is required.

Today, the current legislation distinguishes two types of contract of employment. The first of these is renting an apartment for the purpose of living. Premises rented for a long period must be included in State Register and be registered. The property must have an appropriate number. This option is called social norms. The second type is commercial employment. It is a specialized lease. At the same time, the tenant receives a certain profit from the rental of real estate. This version of the contract is used if the premises are required for business activities.

Agreement Differences

Depending on which type of contract will be used, its form may vary.

Download a sample agreement

It is rather problematic to independently draw up an agreement taking into account all existing norms. For this reason, experts recommend that the tenant or owner download a simple sample apartment lease agreement. This will help you avoid mistakes that you may encounter during the paperwork process.

You can download suitable option in Word format:

Or copy the one below:

D O G O V O R

______________________

(specify city) "____" _________ 20___

Citizen (F. I. O. of the owner of the housing) , hereinafter referred to as the "Lessor", and a citizen (F. I. O. of the lodger) , hereinafter referred to as the "Tenant", hereinafter referred to as the "Parties",

have drawn up this Agreement as follows:

1 Object of the Agreement

The Landlord provides the Tenant with an apartment for a fixed fee.

The apartment, which is the object of the Agreement, is located at:

(insert full address)

The landlord is the owner of the living space on the basis of:

(indicate the document confirming the ownership of the owner) , a copy is attached to the Agreement and is its integral part.

Characteristics of the Apartment:

area: ______ sq. m.

rooms: ____.

2 Rights and obligations of the Lessor

2.1 Provide accommodation in habitable condition, (other conditions) .

2.2 The Landlord confirms that the Apartment is not in litigation.

The lessor undertakes:

(list the responsibilities of the landlord)

3 Rights and obligations of the Lessee

3.1 The tenant undertakes to use the living space solely for the purpose of living, (other conditions)

3.2 Make payments on time.

(other rights of the tenant, for example, to keep pets, carry out repairs, etc.)

4 Payment

4.1 Rent in rubles is (indicate cost)

4.2 The amount of the first payment (indicate cost)

4.3 Amount of subsequent payments (monthly, quarterly) before (indicate payment date) .

5 Liability of the Parties

(all items providing for the consequences of damage to property, late payment, etc.)

6 Termination of the Agreement

(list all possible circumstances)

7 Validity

7.1 Term of employment (specify period or end date)

7.2 The Agreement by agreement of the Parties will be extended by ___________.

8 Contingency

(list all possible, payment delay period, other)

9 Notes and other conditions

(who will live with the Tenant)

10 Details of the parties

Landlord

Bank details:

____________________________

(signature)

Tenant

(full name, passport details, residential address, telephone number)

Bank details:

____________________________

(signature)

What does it mean to rent an apartment under an agreement with a tenant? The lease agreement is written agreement between the tenant of the dwelling and the landlord on mutual rights and obligations. So you can briefly characterize the contract of hiring an apartment.

All such agreements are divided into three types:

• when state or municipal housing is provided to those in need;
• , which is concluded when providing apartments to refugees, internally displaced persons and other individual categories of citizens;
• when the owner of the apartment provides the premises for the purpose of generating income.

The drafting and execution of contracts of the first two types is regulated by the provisions of the LC RF.

Commercial leasing is regulated by the norms of Chapter 35 of the Civil Code of the Russian Federation.

Such a difference is not accidental.

The fact is that contracts of social and specialized employment do not secure the transaction. These documents serve, rather, for the legal justification for the stay of residents in state and municipal apartments.

Obviously, not everyone can own their own apartment for various reasons. A considerable housing fund was inherited by the state from the USSR, which citizens decided not to privatize. As part of social security population and assistance to those in need, and such agreements are concluded.

The commercial contract is transaction document. For their legal regulation for the most part, dispositional norms are used, allowing the parties to establish mutual rights and obligations at their own discretion.

Standard contract for renting an apartment to tenants: .

Renting an apartment - contract: .

What is its need?

Why do I need a rental agreement? The lease assumes that the parties have certain rights and obligations. The owner of the apartment and the tenant determine their volume independently, but fix it on paper.

If such consolidation does not occur, then there will be no material evidence that there was any agreement at all. And this can lead to certain negative consequences.

For example, tenants leave the apartment without paying the last month and leaving utility bills. Or the owner's life circumstances change, he found new clients, therefore he demands to vacate the premises by tomorrow, or pay more.

Of course, there are much more honest people than, but it's best to protect yourself by hiring housing in a written form.

Such actions will enable the party to defend their rights in court.

Moreover, knowing about the existence of a legal way to defend interests, a person will abandon his illegal intentions.

Legal force

The legal force of the contract for renting an apartment means that its provisions are binding on the persons who signed the document. That is, for failure to comply with any terms of the agreement, the violator may be sanctions applied.

Not all contracts have legal force, but only those that have been drawn up in accordance with the requirements of the law.

Parties should pay attention to two main points:

1. All required conditions are indicated in the form of the document. Mandatory conditions are the subject of the contract (apartment) and the amount of payment for the use of the premises. The data on the apartment and the amount of the fee must be indicated in such a way as to exclude any possibility of double interpretation.
2. Do the parties have the right to sign such contracts. Each party should make sure that their partner in the transaction has reached the age of 18 and can dispose of their property.

The tenant should make sure that the prospective owner actually owns the apartment without any restrictions.

If a person, it must have a corresponding inscription of a notary, confirming the validity of the information in the document.

The power of attorney must expressly state that the person has the right to rent certain apartment. The date of signing the contract must be included in the time period of the power of attorney.

There is also always the possibility that a person involved in the rental of housing has been restricted by a court in capacity.

Today in Russia there is no way to check whether the right of a particular citizen to conclude transactions is limited or not.

Thus, there is a possibility that the contract will be recognized invalid, since the person who signed it was limited in capacity.

If similar cases and there were, they definitely did not receive publicity in the press. Incapacitated apartment owners are used in the sale of apartments, because a scam with fictitious hiring will not bring significant income.

If one of the above conditions is not met, the contract will be declared invalid.

Nuances in registration

Preliminary

This document is signed to set intentions the owner of the apartment and the future tenant of housing. For example, current tenants plan to move out in two months, which suits a future tenant who wants to occupy the premises.

So that after two months a new applicant for square meters does not appear, or a potential tenant does not find another option for himself, the parties can sign a preliminary agreement.

It will contain all the standard provisions of the lease agreement, supplemented by a mandatory condition on the date before which the agreement must be concluded. main agreement.

Standard

This document contains all normal conditions for renting housing:

1. Details (date, name and number), information about the parties.
2. Information about the apartment (address and number of rooms).
3. Rights and obligations and housing.
4. Validity.
5. The amount of the fee and the procedure for its payment.
6. Forms of liability for dispute resolution.
7. The procedure for amending the contract and early termination of its action.
8. Additional terms.

Simplified

As already noted, the contract will be considered valid if it indicates a certain apartment and the amount of payment for its use. Therefore, all other conditions can be excluded from the provisions of the standard agreement, simplifying as much as possible the document itself.

However, one should consider whether there is any sense in such a simplification. The agreement serves to exhaustively regulate the relationship of renting housing.

Therefore, simplifying the text of the document, reducing the volume in the future will bring additional complexities in the interaction between the tenant and the owner of the apartment. It is better to work intensively at the stage of formalization of relations than to participate in disputes after.

Perpetual

Article 683 of the Civil Code of the Russian Federation directly indicates the impossibility of concluding termless lease agreements.

In cases where the period of validity of the rental relationship is not specified, it is considered that term is five years.

If the landlord and the tenant want to extend the lease relationship as much as possible, then the agreement can state that the validity of the agreement automatically extended on new period unless either party expresses a desire to end the relationship.

Civil Code of the Russian Federation Article 683

1. A residential lease agreement is concluded for a period not exceeding five years. If the term is not specified in the contract, the contract is considered to be concluded for five years.
2. The rules stipulated by paragraph 2 of Article 677, Articles 680, 684-686, paragraph four of paragraph 2 of Article 687 of this Code shall not apply to a contract for renting a dwelling, concluded for a period of up to one year (short-term lease), unless otherwise provided by the contract.

Contract for renting an apartment an integral part of the relationship between the owner of the apartment and the tenant as payment for the use of the premises. This is a guarantee that each of the parties will behave in a civilized manner, not allowing itself to change the conditions in its favor.

Renting an apartment is a common process, which is fixed by the conclusion of a lease or rental document. However, everything is not as simple as it might seem at first glance. Competent execution of such a transaction does not always happen, which very often causes conflicts and problems for both parties to the contract. How to draw up a rental agreement for an apartment? The information will be useful both for the owner of the apartment, who wants to organize a passive source of income, and for the tenant.

What should be considered when drawing up a rental agreement for an apartment?

How to conclude an apartment lease agreement? As a rule, a minimum of problems arises if the property for a dwelling is owned by one individual. In such a situation, it is he who will sign the contract of employment. However, this procedure can be performed by an authorized person from the tenant if he is not able to certify the documents.

The circumstances are much more complicated when there are several owners of the premises. To rent such housing, you need to get the consent of all its owners. The apartment rental agreement (form below) must be certified by the signatures of each owner or their official representatives.

What to do if the landlord does not want to provide all the necessary information and documents? In this case, it is better to refuse further cooperation with him and look for another apartment for rent. Always remember that if the completed apartment rental agreement does not comply with the law, such a document will be invalidated, which will lead to serious problems for the tenant.

Do I need a rental agreement for an apartment? Certainly. It is important not to forget to think in advance what will be indicated in the document and read it carefully. Correct contract An apartment rental usually contains the following items:

• term of the contract;
• payment and its amount;
• payment terms;
• an inventory of the property present in the apartment and its current condition;
• circumstances of payment of utility bills, electricity and the Internet;
• a description of the natural wear and tear of the interior and objects, if any, in the apartment.

Verification of the owner and documents for the premises

The most important thing that people sometimes forget about when filling out a lease is to check the landlord. The form of the apartment lease agreement may be different, but it is necessary to check all the documents. For starters, you should ask for the original passport, not a photocopy. Review the title deed very carefully. This is the most important point, which indicates the owner's right to a residential plot.

It is worth noting that until 2000, a certificate of ownership of an apartment was issued, and since October 2013, along with a document on state registration of property, they began to additionally issue an extract from the USRR.

Do not lose sight of title documents and a number of other trifles

It is always important to play it safe, so along with a certificate of ownership and an extract from the Unified State Register, ask the tenant to submit documents for housing, that is, an act by which ownership of the premises is exercised. Apartment lease agreement individual you can start compiling and signing only after all documents of the owner have been checked.

There are several options for such documents: there is a certificate of ownership, a contract of donation, sale and purchase, a certificate of inheritance or privatization. If the selected apartment belongs to a housing association, ask the tenant for a certificate of the paid share. The exhibited papers are quite often confused by people with various certificates of legal registration or on entry into the register of owners.

It is impossible to replace the certificate of ownership and an extract from the Unified Municipal Register of Rights. In addition, all submitted papers should be reviewed for the presence of amendments to the date and registration number. The affixed seals and signatures must be clearly visible.

Registration of the act of acceptance and transfer of the apartment

In addition to the term of the contract, the amount of the rent and other points, the tenant must indicate in the document the time at which he will visit the apartment to inspect its condition. He must also indicate the period during which he must notify the employer of his visit.

Together with the lease agreement, it is necessary to draw up an act of acceptance and transfer of the apartment indicating its defects, so that in the future they could not hang damaged appliances or low-quality fittings, a broken shower, which were in this condition even before your arrival.

How is the rental of an apartment with a buyout?

The Civil Code of the Russian Federation on this issue says that the law or the apartment rental agreement (sample below) may stipulate that the leased property is transferred to the ownership of the tenant upon the expiration of the lease period.

It turns out that the client can make an apartment lease agreement with a buyout with the owner of the living space. It is worth paying attention to the following points:

• in no case is it allowed to allow a double interpretation of the agreement providing for the right to buy out the leased property, as this may lead to the refusal or termination of the transaction (the document must be drawn up clearly and be understood unambiguously);
• a contract for the lease of property, providing for the transfer of ownership of this asset to the tenant in the future, must be concluded in the form that is used for the contract for the sale of residential space;
• an important condition of the lease with a purchase agreement is the size of the price.

Contract for the sale of housing

Thus, in order to purchase an apartment for rent with the right to further redemption, it is necessary to conclude an agreement in the form of sale and purchase. Further, it is necessary to make payments on time, and after paying the entire redemption amount, document the completion of the transaction.

Almost all the circumstances of the contract with the subsequent right to buy out real estate are listed below: the amount of the redemption amount, monthly payments, the deadline (all this is set by the owner of the living space and the client).

The presented scheme for acquiring property may be of interest to a client who is ready to invest personal finances in the purchase of real estate for the purpose of making a profit, or owners of luxury housing. Nowadays, there are many investment organizations offering the purchase of housing on lease agreements with a subsequent purchase. However, his term in these companies does not exceed about twenty years.

About utility bills and pets

In the event that, under the contract, utilities are on your shoulders, it is advisable for you to create a separate folder where you will put all paid receipts so that there are no problem situations in the future.

Features of the contract for renting a room in an apartment

Of course, a written form is required for a room rental agreement in an apartment, and if you plan to rent within long term, then state registration is indispensable.

The direct obligations of the parties and their rights must be specifically fixed in the contract. Depending on where exactly the room is rented, the contract will provide for the features of the building:

1. If we are talking about a hostel, then the contract indicates the obligation of the tenant to comply with the schedule. Violation of such an order threatens to be evicted from the room. All household problems that arise at the time of the owner's residence, as a rule, are solved by him independently, unless this is specified in detail in the contract.
2. If it's about communal apartment, the contract strictly fixes the amount of payment and its date. The landlord must also include a paragraph in the document about the possible change in the amount of the rent and the circumstances due to which it may increase or decrease. It is also necessary to indicate the time for which the tenant must be informed about this fact.

The difference between a rental agreement and an apartment rental agreement

The configuration of the contract for renting an apartment, like a room, is only written. The title of the agreement is:

• date of the contract;
• the place of its compilation;
• the parties involved in the transaction.

The main part indicates the obligations of the parties, the cost of hiring and the timing of payments. Drawing up a document on renting a room is governed by the rules applicable to the rental of residential premises. The criteria are spelled out in the Civil Code of the Russian Federation. In accordance with the signed document, the owner of the building gives the landlord a room where he will live in the future. The tenant must use the premises only for the purpose of the contract, and also keep the room in a well-groomed condition.

The contract should exhaustively describe the premises to be rented. If the room is located in a common living space, then a list of places of social use and rooms that are also rented out is entered into the structure of the document. For example, the rent may also include a hallway or a bathroom.

In accordance with the Civil Code, only a capable citizen can be the owner of such premises.

How to terminate a lease?

Sooner or later with rented apartment have to say goodbye. The easiest option for terminating an apartment rental agreement is to move out of your home after the expiration of the agreement. If we are talking about early termination of the document, then there are several points to consider. So, if the owner of the premises acts as the initiator of such a transaction, then it can be indicated in the contract that in this case he must partially pay the amount spent by the tenant in search of the premises.

If this amount was paid in advance, then the owner of the apartment must return them to the tenant. If the tenant himself wants to terminate the contract ahead of schedule, then the deposit remains with the owner of the dwelling.

What is important not to miss when drawing up a long-term rental contract?

When a dwelling is rented to a person, the act takes the form of renting a residential building. According to the Civil Code of the Russian Federation, the lease of housing as a type of act is performed in cases where the tenant is a legal entity. In this case, the company can use the residential building only for people to live, for example, to accommodate employees from other cities or rent it to other people.

The key when renting housing is checking the owner's right to rent an apartment and very close attention to documenting the contract, as well as its applications: the act of acceptance and transfer, receipts for receiving payment for accommodation. Without fail, the owner of the premises must have a certificate of ownership and be ready to provide the paper to the tenant for review.