Standard contract for renting a room. Apartment lease agreement

The object of the agreement when hiring is most often houses or apartments. However, in practice there are cases when a separate room can also become the subject of the contract. The procedure for renting such an object has some distinctive features. But in any case, a room rental agreement must be concluded.

Lease relations with real estate are governed by the rules established by the Civil Code of the Russian Federation.

Quite often, people who do not have family or family ties can live together in an apartment. In this case, we are talking about a community building. Living in such an apartment has its own distinctive features, similar to living in a hostel. First of all, it concerns the rights of people. Each of them in this case disposes only of the living room that he occupies. For common areas, such as the kitchen, bathroom, bathroom and common corridor, this rule does not apply. That is, everyone has the right to use these premises on equal terms.

The same principle applies in cases where the room in communal apartment becomes the subject of a lease. A person manages the occupied space individually, and has free access to other general-purpose premises.

Is the consent of neighbors required?

The tenant of a separate room most often lives in an apartment not alone. This fact may affect the order in which the procedure is implemented. In this case, the status of the rest of the residents matters. It may be different. That is, people can live in communal housing and each own their own room or have a share in shared apartment. Due to these circumstances, there is another condition that must be met. This is the consent of the neighbors. If the landlord owns exactly a separate room, then positive answers from other tenants are not required, it is possible to rent the premises in this way, since in this case, the owner has the right only to part of the premises. The common areas in such an apartment do not belong to anyone.

In turn, the shared right to housing entails the need to obtain the consent of other people. This rule applies in this case, since the landlord has free access to any room of the apartment. Accordingly, the presence of an outsider will create certain inconveniences for people who are not with him, for example, in kinship or family relations. Therefore, the consent of other residents will be required in without fail. Otherwise, the tenant will not be able to move into the room.

Preparation of contract

Renting a room implies the need to conclude an agreement. The basis for the execution of the agreement is the appeal of the interested person to the owner of the room. It can be both written and oral.

In this case, the law gives a person the right to choose. Although some owners require such an application.

The contract itself does not have a clear model that is mandatory for use by the parties. It is in any form. Although it is allowed to use a printed form. At the same time, its content must comply with the requirements of current legislation.

The text of the agreement states the following:

1. Date and place of conclusion of the agreement.
2. Subject of the contract.
3. The cost of the transaction and the procedure for mutual settlements.
4. Rights, duties and responsibilities of the parties.
5. Contract term.
6. Reasons for early termination of a relationship.
7. The right to take legal action.
8. Bank details and signatures of the parties.

The text is drawn up using technical means of typing or by hand. The document is certified by the seals of the parties to the transaction, if any. Paintings must be affixed to each page of the contract. This will avoid falsifying the terms of the agreement.

Since the subject of the investigation is a real estate transaction, it must be registered with the state authority. This condition is set out in Art. 609 of the Civil Code of the Russian Federation. In the text of the document, you can not use phrases and words that degrade human dignity, as well as profanity. Any corrections are not allowed. Errors and inaccuracies can only be eliminated by drawing up an additional agreement to the contract.

What conditions to provide?

The agreement must include conditions that are binding. Without them, the agreement will be invalid. These include: the cost of the contract and the procedure for mutual settlements, the validity period, the subject of the transaction. Also, the parties, at their discretion, may include other conditions.

Settlement procedure

The cost of the transaction and the procedure for making mutual settlements are classified by the current legislation as one of the essential conditions of the lease agreement. In this case, the amount of payment must be reflected in the text of the document in the form of numbers, as well as in words. Its size is determined by the parties to the transaction. Calculation options are specified in Article 614 of the Civil Code of the Russian Federation.

The tenant of the room can pay in the following ways:

1. Pay a specific amount determined by the terms of the agreement, at a time or at intervals established by the parties to the transaction. At the same time, it is additionally possible to develop a payment schedule, which will be an annex to the contract.
2. Transfer a percentage of the profit for the use of the rented premises.
3. Provide services to the owner.
4. Transfer any property to the owner.
5. Improve the quality of rental property.

Payment methods can be combined. This is decided by mutual agreement of the parties to the transaction. The amount of payment for the use of the room may vary by decision of the parties. But such amendments are allowed no more than once within twelve actual months.

The tenant has the right to demand a reduction in the amount of payment if the operating conditions or the quality of the premises themselves have become worse due to circumstances beyond the control of the resident.

If the user violates the calculation procedure, then the owner can receive the money ahead of schedule. Such a right may be exercised no more than two consecutive periods.

Validity

Another prerequisite is the duration of the contract. It is negotiated by the participants in the transaction and must be indicated in the text. If such a period is not established by the parties, then the contract is considered concluded for an indefinite period. IN such a case each of the participants can end the relationship at any time. In this case, the initiator must inform the other party of his intention no later than three actual months before the planned date of cancellation of the contract.

Other conditions

The parties to the transaction have the right to determine, by mutual agreement, other terms of the contract that they consider significant. This includes, first of all, the responsibility of each participant. They represent measures of influence that can be applied to a party that violates the terms of the agreement, for example, a fine, a penalty, the elimination of damage caused. The agreement also includes the rights and obligations of the parties, the procedure for its termination and the possibility for each participant to resolve the dispute in court.

Contract form

In accordance with the requirements of the law, a lease agreement must be concluded in writing, without fail, if one of the parties is a legal entity or the term of the agreement exceeds twelve actual months. In this case, the determining factors are: the duration of the transaction and the status of one of its participants. In this case, the written form will take place in the presence of at least one of the specified circumstances.

Attachments to the contract

An agreement on the temporary use of a room always has certain applications.

These include not only the schedule of payments for the rented premises. The act of acceptance and transfer of the room, as well as an inventory of the things in it, can also act as an application. In this case, both of these applications can be combined into one.

Transfer-acceptance certificate

The act of acceptance and transfer of the room is drawn up in order to describe the condition of the transferred premises. The current legislation does not establish a sample of such a document. It is compiled in any form, but it still needs to be done correctly.

The text states the following:

1. Date and place of compilation.
2. Full name of individuals or names of companies, documents on the basis of which the parties act.
3. Location address of the premises.
4. His detailed description- area, condition, presence of sources of increased danger. The latter includes gas, electricity, heating.
5. Tenant rights.
6. The number of copies of the act.

The drawn up document is certified by the signatures and seals of the parties, if any. The act is drawn up in two copies, one for each participant in the transaction.

Inventory of things

Another annex to the room rental agreement may be an inventory of things in it. It can be included in the acceptance certificate, as a separate section, or issued as a separate document. The standard sample, which must be used without fail, is not approved by the current legislation. The inventory is drawn up arbitrarily, taking into account the requirements of general regulatory legal acts.

In particular, the document states:

1. Date and place of issue.
2. Information about the parties to the transaction - the name of organizations or the surnames, first names, patronymics of individuals, data of documents on the basis of which the participants in the transaction act.
3. Name, quantity and value of each item. This part is usually presented in the form of a table.
4. Signatures and seals of the parties to the agreement.

The inventory is drawn up in two copies, one for each of the parties to the transaction.

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

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

The contract is drawn up in writing in at least two copies. According to general rule the terms of the contract are determined at the discretion of the parties, except when the content of the relevant terms is prescribed by law or other legal acts (Article 421 of the Civil Code of Russia).

The agreement usually contains the following:
1. Name of the parties to the contract
2. Description of the room.
3. Other items, details see:

A complete list of items with a description on the page "Apartment rental agreement"(link above).

It is also worth noting some specifics of renting (hiring) a room:

When renting a room, the risk of conflicts between forced neighbors increases, therefore, it is required to document the conditions and procedure for living in an apartment, the use of common premises. It is better to obtain written consent from each owner of a share in the apartment, if there are several, in cases of non-privatized housing, it is also necessary to obtain the consent of the municipality to rent a room in the apartment. But also the tenant has the right to demand such documents. It is also possible to designate as a separate clause the condition that the tenant, by his actions, will in no way infringe on the rights of other tenants. The contract also requires to prescribe the procedure for calculating and reimbursement by the new tenant of part of the utility bills.

State registration of a lease agreement is determined in Article 609 of the Civil Code of the Russian Federation:

1. A lease agreement for a period of more than a year, and if at least one of the parties to the agreement is entity, regardless of the term, must be concluded in writing.

2. A real estate lease agreement is subject to state registration, unless otherwise provided by law.

3. A property lease agreement providing for the subsequent transfer of ownership of this property to the lessee (Article 624) shall be concluded in the form provided for the sale and purchase agreement for such property.

There are also a number of features when renting a room:an indication of a specific room in a residential area and the requirement to isolate the room (for more details, it is better to consult with a lawyer).

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

Download sample (form), various contract optionsroom rental in word (in Word, doc):

Between individuals:

Forms are approximate and can be adjusted depending on the specific situation and needs.You can choose the form that suits you best. You can also look at the forms on the page "Apartment lease agreement" (link above) or

ROOM LEASE AGREEMENT No.___

"____" ______________ 20__

passport series: ____________ №_________________, issued by ____________________________


,

"Landlord", on the one hand, and _________________________________________________
_______________________________________________________________________________,
passport series: _____________ No. _________________, issued by __________________________
______________________________________________________________________________,
registered at: _________________________________________________
_______________________________________________________________________________,
contact phone: ________________________________, hereinafter referred to as
The "Employer", on the other hand, has entered into an Agreement as follows.

1. Subject of this Agreement.

1.1 The Landlord provides the Tenant with a room consisting of _____ room(s), in
______ room apartment located at: ________________________________
_______________________________________________________________________________,
for a fee, for temporary use for living purposes.
1.2 The premises belong to the Landlord on the basis of ______________________________
_______________________________________________________________________________

________________________________________________________________________________
1.3 Together with the Tenant, the specified
below face:______________________________________________________________________________
_______________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________

1.4 The term of employment is set from "__" _____________20 __ to "__" ____________ 20__.

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

2. Rights and Obligations of the parties.

2.1 The landlord undertakes:
- provide the specified premises to the Tenant from "__" ____________ 20 __;
- provide free access to the Tenant to the premises;
- at early termination of the Agreement to notify the Tenant no later than one
one month before the date of the proposed termination of employment;
- upon termination of this Agreement, return the advance to the Tenant minus
days lived, subject to the Tenant's compliance with all his obligations under this
contract;
- return without fail the amount of the guarantee payment (deposit) upon expiration
term of employment upon execution by the Tenant of clauses. 2.2; 3.3; 3.8.

2.2 The Lessee undertakes:
- use this room only for the purpose specified in clause 1.1.;
- do not transfer the rights to use the premises to third parties;
- in case of early termination of the Agreement, notify the Landlord no later than two
weeks before the date of the proposed termination of employment;
- do not make alterations and re-equipment without written permission
Landlord;
- take full financial responsibility for the rented residential property
room and everything possible consequences real employment;
- assume full financial responsibility for all property transferred to him,
located in the room, keep it in good condition and clean;
- comply with fire safety rules;
- upon vacating this premises, transfer the premises and property located in
him, to the Landlord in the same condition in which they were transferred to the Tenant, taking into account
natural physical wear and tear.

3. Payments and settlements.

3.1. The monthly payment for the use of the premises is _________________________
____________________________________________________________________ Russian rubles.

3.2. Payment for the use of the premises is made by the Tenant for the current month, not
later than the 10th of each month.
3.3. As a guarantee payment (collateral), the Tenant contributed an amount in the amount of
____________________________________________________________________ Russian rubles.
3.4. At the time of signing this Agreement, the Tenant transferred to the Landlord the amount of
in the amount of ________________________________________________________ rubles of the Russian Federation.
3.5. The amount of the fee for the use of the premises is not subject to change without a written
agreements of both parties.
3.6. Utility payments are made by _________________________________ rubles of the Russian Federation.
3.7. Payment for telephone conversations is made by the Employer.

4. Responsibility of the parties.

4.1. Early termination of employment and termination of this Agreement is possible in cases
violation by the Landlord or Tenant of its obligations under this Agreement or
by mutual agreement of the parties.
4.2. The parties made a mutual check of personal documents and documents
confirming the right to dispose of this residential premises.
4.3. The landlord confirms the consent of persons registered or entitled to
dispose of this apartment with the terms of this Agreement, as well as that this
the premises have not been sold, mortgaged, are not the subject of a lawsuit and are not located
under arrest.
4.4. The Parties confirm that they are familiar with all the terms of this Agreement,
fully agree with them and are personally responsible for their observance.
5. Additional terms.
________________________________________________________________________________
________________________________________________________________________________
_______________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________

6. Signatures of the parties.

LESSOR _________________ TENANT _____________________________

This Agreement is made in two copies, each of which has an equal
legal force.

Date ______________________________________

Blank document " Approximate form lease agreement for a room in a residential building” refers to the heading “Agreement for the lease of residential premises, apartments”. Save a link to the document in in social networks or download it to your computer.

Contract for renting a room in a residential building

___________________________________ ____________________________________

(name of locality) (day, month, year in words)

Citizen(s) _________________________________________________________

(full full name)

passport series ____________________ N ______________________, issued by "____"

200_

Department code __________,

hereinafter referred to as the "Landlord", acting on his behalf

name, on the one hand, and a citizen (ka) _________________________________

(full full name)

passport series ___________ N ____________, issued "____" _________ 200_

Department code ___________,

(name of issuing authority)

hereinafter referred to as the "Employer", acting on his behalf

name, on the other hand, have entered into this Agreement as follows:

1. The Landlord transfers, and the Tenant accepts for use one

an isolated room with an area of ​​________________________ sq. m. in residential

(in numbers and words)

house owned by the Landlord by right of ownership of

on the basis of _____________________________________________________________.

(indicate the name of the title document, by whom and when issued)

2. The residential building is a _________ - storey

Building with _____ rooms

(wooden, brick, other)

and is located at:

Region, _______________________________________,

(locality: district, city, town, village)

street ______________________, building N ____, building (building) N ____.

3. This Agreement is concluded for _______ of the year.

4. The tenant of the residential premises has the right to terminate at any time

Lease agreement with a written notice to the Landlord 3 (three) months before

the scheduled term of termination of employment, in accordance with paragraph 1 of Art. 687 of the Civil Code of the Russian Federation.

5. The employer is obliged monthly no later than ____ day of the current

month to pay rent, which is _____________________

(in numbers and words)

rubles for one month.

6. Rent paid in cash against the Landlord's receipt.

7. The room is transferred to the Tenant for living.

8. The tenant is obliged to use the room only for living,

keep it safe and keep it in good condition.

9. A tenant may not sublet a room or

provide it to third parties.

10. The tenant is obliged to keep the room clean, to produce for

your account current repairs.

11. The tenant is not entitled to reorganize and reconstruct

rooms without the consent of the Landlord.

12. The landlord has the right on the basis of paragraph 2 of Art. 687 of the Civil Code of the Russian Federation

demand termination of this Agreement in a judicial proceeding, if

The tenant of the living room does not pay the rent for the living space during

six months.

13. Changing the terms of this Agreement or its termination may

take place by agreement of the Parties.

14. In all other respects that are not provided for in this Agreement,

applicable civil law Russian Federation.

15. This agreement is concluded in two original copies, according to

one copy for each party. Both instances have the same

legal force.

Landlord Tenant

________________ __________________ ________________ __________________

(signature) (full name) (signature) (full name)

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