Rental agreement. Notes and other conditions

To avoid controversial issues between the owner of the premises and the tenant when renting out the apartment, it is recommended to conclude a standard apartment rental agreement. The paper has legal force, even if it is drawn up independently and is not certified by a notary. The lease agreement must be written in accordance with the established rules and include mandatory clauses.

What is a rental agreement

Many Russians are renting housing today due to the inability to purchase their own real estate. An apartment rental agreement is a reimbursable or consensual agreement. It is concluded between the owner of real estate and the tenant (an individual or legal entity who wants to receive an object for a certain 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 compulsory notarization. The parties can sign the paper on their own, without the involvement of lawyers. On the initiative of either of the parties, the agreement is subject to early termination in a pre-trial or court order.

Between individuals

When renting out residential premises, the owner of the apartment can conclude an agreement with both an individual and an enterprise. Each case has its own characteristics. When drawing up an agreement between homeowners and individuals for up to 1 year, it is not allowed to move into the premises of third parties free of charge. At the same time, 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 the signing of 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, the tenants can be moved in later. The area for each resident must comply with legal regulations. As for minors, it is not necessary for them to comply with these rules.

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, in the commercial lease of real estate, the tenant can use it only for temporary residence of the company's employees. Tenants must ensure the safety of the owner's property. Renters can reconstruct an apartment only with a written agreement from the owner.

Why do you need an apartment rental agreement

Some Russians still disregard legal regulations and prefer to do without formal lease, sublease or hiring. However, in this case, the parties to the agreement expose themselves to unnecessary risk. If tenants use the dwelling without an official document, then the owner can evict them at any time before the expiration of the agreement, without refunding the previously paid advance payment. In addition, disputes may arise regarding the cost of living for tenants.

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

1. Unscrupulous tenants can neglect the rules of using the 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, household appliances, dishes) without this document will become impossible.
4. The police will not accept a statement in case of problems with tenants, if there is no official certificate of delivery of the apartment.
5. When tenants inflict damage to neighbors (fire, flood, etc.), the owner will have to reimburse 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 transaction process depends on who is the tenant. When the real estate is leased 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 34 of the Civil Code.

How to rent out an apartment correctly

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

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

Typical form of an apartment lease agreement between individuals

You can compose 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 an individual contains information on:

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

When is it better to contact a lawyer

An apartment rental agreement is not included in the number of complex documents. Any literate person can easily cope with drawing up an agreement if you study the legal issues and samples on the Internet. However, in some cases, it is better to arrange a deal with the help of a professional lawyer. The reasons for this may be the following:

• doubts about whether the landlord has rental rights;
• the agency through which the transaction is made is not credible;
• significant difference in the amount of payment for rent per month from similar offers.

What the document must contain

It is very important to draw up the document correctly, without missing out on the mandatory points. An apartment rental agreement must contain information about the property and the persons involved in the transaction. In addition, the paper should reflect the duration of the agreement and the specific date when the tenant must vacate the premises (for short-term rentals). It is important to note who will pay for utilities, what rights the parties have, 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 give preference to renting housing, so arena contracts are often drawn up in accordance with the standard design requirements for a template. 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 data of the participants in the transaction.
• Subject of the contract.
• The signs of the property that the owner transfers to the tenant, allowing 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 should include the following sections:

1. Preamble. Here you need to indicate the name of the document, the place of the transaction, the details of the parties.
2. Subject of the contract. The item includes the characteristics of the premises transferred to the tenant: address, area, cadastral number, title documents for the property.
3. The size of the monthly payment for housing.
4. The rights and obligations of the employer and owner.
5. Responsibility of the parties.
6. The term of the agreement.
7. Details and signatures of the owner and the tenant. 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 - INN, PSRN, BIK and other available details. It is also recommended to attach copies of documents to the agreement.

Duration of the lease agreement

Today, apartments are rented 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 due to the following circumstances:

1. If the document is drawn up without information about the terms of the termination of the lease, it is automatically recognized as concluded for 5 years. Before canceling the deal and returning the keys to the landlord, the tenant must notify the owner of the living space in writing about his intentions, at least 3 months in advance.
2. A long-term lease agreement for an apartment 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 lease agreements for apartments 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 sublet;
• it is allowed to move in temporary residents for up to six months.

Short-term transactions do not give tenants the rights described above. If the tenant paid for the living space on time, did not violate the terms of the agreement, did not spoil 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 because he did not receive 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 is obliged to provide the tenant with suitable accommodation. If the tenant discovers deficiencies that he did not previously know about, a requirement to reduce the rent, correct these deficiencies, and reimbursement of the costs of eliminating the defects is allowed.

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

Responsibility of the parties

The legislation provides for responsibility for each party. The owner of the property is only responsible for the transfer of the property in good condition, freed from encumbrances, to the tenant. The employer 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 is different. The owner has the right to terminate the agreement and demand compensation for damage caused by the court. Regardless of whether the tenant committed a violation or temporary tenants, the tenant pays for the losses. If the tenant is late 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 agreement

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

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

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

• the housing is unsuitable for use for reasons beyond the control of the tenant;
• the owner refuses to carry out major repairs;
• the owner does not transfer the home to the tenant or creates obstacles to its use;
• defects were discovered that the employer did not know about before.

Video

A rental agreement for housing is a document that legally establishes the transfer of a dwelling belonging to one person for the temporary use of another person. At its core, an apartment rental agreement is a kind of receipt that the housing has been transferred and accepted by the parties in an agreed form, as well as in what obligations each party has assumed. Such an agreement does not need to be certified by a notary and state registration, however, it has sufficient legal force and can serve as evidence of a rental transaction in court or other state bodies. The document comes into force from the moment it is signed by all parties to the transaction, indicating their full passport data.

If the apartment is rented through realtors, then they, as a rule, can offer their own form of agreement, as well as certify its conclusion with their seal and signature of the representative. Such assurance does not make much sense, since it does not affect the legal significance of this document. Moreover, the use of a universal contract form does not always meet the interests of the parties, since it cannot take into account the individual characteristics of the transaction. It is recommended to use a lease agreement drawn up taking into account all the nuances of your particular transaction.

It should be noted that the lease agreement form is not complicated. It can be drawn up according to the model, however, this must be done very carefully. Because, in case of disputable situations, every little thing can be important. By the way, the expression “renting an apartment or housing” is not entirely correct, because legally the concept of “rent” refers to the economic use of real estate. Premises intended for living are usually rented, therefore, it is more appropriate to use this particular term. But the incorrect name of the document, in principle, does not affect anything. The main thing is to accurately spell out all the essential conditions, and these include the rights and obligations of the parties to the contract, its validity period and a number of other points.

What does a rental agreement for housing consist of?

1. Clause “Subject of the Agreement”.

It must be indicated in it that the Lessor transfers to the Lessee an object for rent - an apartment for temporary use for a certain period. It is necessary to describe in detail all the characteristics of the apartment and its address. Optionally, you can specify in the contract the maximum number of persons who can live in rented housing. These citizens can even be listed by name. Then, living in the apartment of other persons will be regarded as a violation of the terms of the contract.

2. Clause “Rights and obligations of the lessor”.

In this paragraph, it is necessary to describe the conditions of the lease, the condition of the housing. It is possible (and necessary) to include in the contract a list of furnishings and household appliances that are in the apartment and their condition. You can also prescribe the terms of the lease and the obligation to monitor all issues of providing utilities to residents. Here it is necessary to indicate the possibility of checking the condition of the apartment and the frequency of such checks. In order to protect tenants of housing, you can register in the lease the phrase “The Landlord undertakes to provide the Tenant with unhindered and round-the-clock use of the apartment,” but subject to the agreed requirements.

In addition, the contract can indicate the obligation of the landlord to independently settle possible conflict situations with other apartment owners. After all, fraudulent schemes are quite common, when one owner rents an apartment, and then the second comes and evicts the tenants, on the grounds that he did not know about the lease. Therefore, it is desirable, even at the stage of concluding a rental agreement, to obtain the consent of all the owners and to register such a situation in the agreement.

3. Clause “Rights and obligations of the tenant”.

At this point, you need to provide a complete list of all the obligations of the tenant, namely: a ban on keeping animals in the apartment, a ban on organizing parties and other important requirements of the landlord. It is important to indicate the responsibility for the safety of all things that are rented along with the apartment. In addition, you can separately indicate relations with neighbors, oblige residents to submit meter readings and allow authorized persons from the Criminal Code or HOA to enter the apartment for control. Here you can also register the need for a deposit and the obligation to do cosmetic repairs, with a certain frequency. Or, conversely, do not make repairs without the consent of the landlord.

4. Clause "Settlement procedure"

This paragraph should indicate the exact amount of rent and any additional payments that tenants are required to make. The schedule for making payments to the landlord and utility bills should be clearly described. And also the procedure for making such payments - in cash or on a bank card. In addition, this paragraph should indicate the amount of the deposit transferred to the landlord by the tenant. And also prescribe all the conditions for this amount, in particular, the owner's right to withhold from it the cost of damaged property or rent arrears, or utilities. as collateral or first payment. In the same paragraph, you should indicate the readings of all metering devices at the time of the transfer of the apartment for rent. It can be readings of a water meter, an electric meter, a gas meter.

5. Clause “Procedure for termination of the contract and responsibility of the parties”.

In this paragraph, it is necessary to describe all the conditions under which the rental transaction is terminated. If we are talking about the termination of the contract at the end of the contract, it is necessary to register the actions of the parties to the contract. You should also determine the conditions and procedure for early termination of the contract. In particular, it is necessary to indicate that the owner of the apartment has the right to terminate the contract early in the event of complaints from neighbors, improper maintenance of housing, damage to property or violation of public order by residents. Residents may want to move out ahead of schedule if the owners violate the control order and unreasonably increase the rent.

The contract should indicate the procedure for terminating the contract, namely, notifying the parties about the termination of the lease ahead of schedule and the timing of the release of housing in this case.

6. Clause “Dispute Resolution and Dispute Resolution”.

In this clause we indicate that “the parties will try to resolve all disagreements arising between them through negotiations”, but if an agreement cannot be reached, “disputes will be resolved in accordance with the legislation of the Russian Federation, in court”. It is important to point out that all incurred by the party, which the court recognizes as right in the dispute, will be obliged to compensate the losing party. And in addition, such a party will be obliged to pay a forfeit under the contract (you can specify the amount of the forfeit).

7. Clause “Details and addresses of the parties to the agreement”.

In this paragraph, you should indicate passport data and registration addresses and actual residence of the tenant and the landlord.

Obviously, the text of the lease agreement can be drawn up by anyone without legal education. Legislation requires that the contract must indicate its subject, transaction price, details of the parties and their signatures. All other conditions are not limited by laws and depend only on the imagination of the parties. The more detailed the document is, the fewer questions will arise when resolving controversial issues, if any. A typical rental agreement can be taken as a sample, but it must be filled with the individual characteristics of the transaction. In addition, the agreement must be accompanied by an act of acceptance and transfer of the apartment with an inventory of the property. It is desirable to certify this act with the signatures of two witnesses. Thus, the parties will be spared distrust of each other in terms of assessing the state of certain items.

Separately, it should be noted that in the rental agreement, it is necessary to indicate the basis on which the landlord owns the apartment, as well as the absence of encumbrances on the housing, for example, arrest. If the apartment is mortgaged and actually secured by the bank, this should also be indicated in the lease agreement.

Sample rental agreement:

CONTRACT

Home rentals

town ______________ "______" ________________ ________G

We, the undersigned: _______________________________________________________________________, hereinafter referred to as the "Lessor", on the one hand, and ________________________________________________________, hereinafter referred to as the "Lessee", on the other hand, have entered into this Agreement as follows:

1. THE SUBJECT OF THE AGREEMENT

1.1. The Landlord provides the Tenant with an apartment consisting of ____ room (s), located

at the address ___________________, street ___________________________________ house ____ building ___ building ____ apartment ______ for a fee, for temporary round-the-clock use for personal residence. Apartment sublease is not allowed.

1.2. The premises belong to the Lessor on the basis of:

_______________________________________________________________________________________

1.3 ... During the entire lease term, together with the Tenant, the following will live in the apartment: ______________________________________________________________________________

_______________________________________________________________________________________

_______________________________________________________________________________________

_____________________________________

1.4. The rental period for the specified apartment is set from _____ _____________200 ___ to _____ ____________ 200 ___.

1.5. If the parties do not object, then the term of the Agreement is extended automatically.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES UNDER THE CONTRACT.

2.1. The lessor is obliged:

- Provide the specified apartment to the Tenant for use from _____ ____________ 200__.

• Provide free access to the apartment for the Tenant;
• Visit the apartment for the purpose of checking no more than once a month, and notify the Tenant about your visits at least 24 hours before the intended visit ;
• Protect the Tenant from property and other claims of third parties who have ownership rights to the rented apartment.

The landlord confirms that the apartment is not under arrest, is not a pledge or subject of legal proceedings and he is its full owner on the basis of _______________________________________________________________________ _______________________________________________________________________________________

2.2. The tenant undertakes:

• Use the apartment only for the purpose specified in clause 1.1 of this agreement.
• Not to sublet the apartment and not to transfer the right to use it to third parties, as well as not to move other persons in without the consent of the Landlord;
• Obtain written permission from the Landlord to keep animals in the apartment, while the Landlord must personally bear full responsibility for the damage that his pets can cause to the apartment.
• Not to make redevelopment and repairs in the apartment without the written consent of the Landlord;
• Do not install any stationary equipment in the apartment (including replacing door locks, reinforcing doors and installing an alarm) without agreement with the Landlord;
• Accept full financial responsibility for the rented apartment and for all possible consequences of this lease or use, excluding force majeure;
• Take full financial responsibility for all property transferred to him, located in the apartment, and keep it in good condition and clean.
• Observe fire safety rules;
• Not to violate public order and the rules of living in the house;
• Timely pay rent in the amount of __________________ for the term ______________ and pay utility bills, namely: ____________________________________________________________________________________
• ___________________________________________________________________________________________.

Second page

3. PAYMENTS AND SETTLEMENTS UNDER AGREEMENT.

3.1. The monthly payment for the use of the apartment by the Tenant is ____________________________

rubles of the Russian Federation, all calculations are made in rubles of the Russian Federation.

3.2. Payment will be made by the Lessee on a monthly basis one month in advance, then no later than the ____ day of each current month.

3.3. At the time of signing this agreement, the Lessor handed over to the Lessee a deposit in the amount of ___________________________ Russian rubles

3.4. The rent cannot be changed without the written consent of both parties.

3.5. Utility payments are carried out by ____________________.

3.6. Payment for paid telephone, Internet and cable TV services is carried out by _____________________

3.7. Electricity on the meter is paid by _________________________.

4. LIABILITY OF THE PARTIES TO THE CONTRACT

4.1. If you wish to prematurely terminate the rent of the apartment and terminate this agreement, each of the parties is obliged to notify the other party in writing no later than 30 calendar days before the date of the proposed termination of the lease.

4.2 ... Early termination of the lease and termination of the contract is possible in cases of violation by the Lessee or the Lessor of their obligations.

4.3. In case of early termination of the contract on the initiative of the Lessor, earlier than the term specified in it, due to his personal, unforeseen circumstances, but subject to the Lessee's observance of all obligations specified in clauses 1.4; 2.2; 3.2; 3.7; 3.8; 3.9, the Landlord is obliged to return to the Tenant part of the previously paid payment for the use of the residential premises, while the Landlord is obliged to provide the Tenant with fifteen calendar days at no cost to search for another home and move.

4.4. In case of early termination of the agreement on the initiative of the Lessee, but subject to the Lessor's observance of all of its obligations specified in clauses 1.4; 2.1; 3.5, the rent paid in advance, as well as the deposit, are non-refundable.

4.5. For late payment of apartment rent, the Tenant pays a penalty at the rate of 1% of the overdue amount for each day of delay. In case of delay in payment for more than ten days, the Lessor has the right to terminate the lease unilaterally

4.6. The parties mutually verified personal documents and documents confirming the right to dispose of the rented apartment.

4.7. The landlord confirms the consent of other persons registered in the apartment or entitled to

to dispose of it on the basis of the right of ownership with the terms of the contract, as well as that the apartment is not sold and is not the subject of a legal dispute and is not under arrest.

4.8. The parties to the agreement confirm that they are familiar with all the terms of this agreement, fully agree with them and are personally responsible for their observance.

More articles

When the landlord and the tenant were able to agree among themselves on the conditions of residence, payment and responsibility of each party, then they must reflect all these issues in a written agreement. Only a written contract can be challenged if there are any claims of the parties to each other for payment or the integrity of the rented dwelling. But you need to know the difference between hiring and renting, although the essence of these relationships is very similar.

Usually, a lease is understood as a long-term residence in a residential building, while a lease can only be concluded with the municipal authorities, it is also called a social lease of residential premises.

An agreement concluded between interested people is a lease agreement, according to which the owner provides another person with the housing he has for a certain period and payment. On the other hand, the tenant assumes certain obligations: to pay the money stipulated in the contract for accommodation, for the use of utilities, light and telephone on time. All this must be formalized in the lease agreement.

This contract has a reimbursable nature, that is, one rents out housing and receives a sum of money for it, and the other rents it, and pays the agreed amount to the owner.

The legislative framework

All lease relations are governed by the norms of the Federal Legislation: ZhK, Civil Code, Tax Code of the Russian Federation.

All accommodation issues are resolved by the Housing Code. It describes the moments of determining the rights and obligations of both parties to the lease: chapter 5 of the LCD, living conditions and payment for housing. Article 3 defines the procedure for checking residential premises by local authorities, certain points are regulated in detail by Art. 12-13.

Civil Legislation precisely defines the concept of lease and lease relations between the owner and individuals or legal entities: the legal settlement between individuals is described in Chapter 35, and between the owner and legal entities - in 34. The Civil Code determines the procedure for registering rental relations, persons of the contract of their rights and responsibilities. Article 680 of the Civil Code of the Russian Federation regulates the sanitary standard of living, but it is redirected to the Housing Legislation, where the norms for the possibility of renting out housing are spelled out.

If the lease of residential premises exceeds a year, then the contract is subject to mandatory registration, the norms are spelled out in the Federal Law of the Russian Federation of July 21, 1997 No. 122 "Registration Law ..."

When a dwelling is rented out, its owner receives income, but all income of citizens must be taxed.

How to correctly conclude an apartment rental agreement

Before you draw up an agreement on paper, you first need to agree on everything with the owner of the property. What does this mean? First, you need to check whether the owner really is its owner: ask to show the original certificate of ownership, namely the original, since a copy is easy to forge. If the property is registered for several people at once, then their consent will not be superfluous: if someone does not approve of the renting of the apartment, then he can easily challenge the contract and evict you from the dwelling. And then the money paid in advance can be lost irretrievably, which, of course, will not suit you.

And then, if you intend to rent the entire apartment for your family, then the sudden arrival of the owner at an unnecessary moment can ruin all your plans, and so that this does not happen, this should be separately stipulated in the contract.

Or such a common situation may arise: you paid for accommodation for 6 months, and suddenly the owner comes and asks you to move out of the apartment, as if he had unforeseen circumstances and the housing became necessary for him. And again, in order not to stay on the street, all the conditions of residence and the end of the contractual relationship must be prescribed.

Composition of the contract

1. Lease or rent only a separate room with an entrance is possible, and the contract must contain a detailed description of the rental housing.
2. Necessary determine all the rights of the parties: who should and should not do what, here you need to set out everything in detail, for example, not to harm property and provide the tenant with housing at full disposal.
3. An important point is payment, you need to describe in detail the terms and rates of rent, provide for the terms of payment and what threatens the tenant in case of refusal to pay. Indicate the exact amount of the lease itself or the utility bills included in it, the possibility of revising the lease rate every year. After all, the cost of rent can both increase and decrease, as, for example, now, when during the crisis people are trying not to rent housing.
4. Negotiate the possibility temporary registration for the lease term, who might be eligible, such as family members;
5. Sometimes clients are looking for housing real estate agencies, and if the contract is to be concluded by him, then a power of attorney is needed, where such an opportunity for a representative will be spelled out.
6. Negotiate conditions for concluding a security deposit with the employer, at times, this measure can offset significant risks or damage from the tenant's activities.

Basically, for a citizen who rents out housing, it is beneficial to conclude an agreement for several reasons at once.

There is a written description of both the apartment and the property, its condition. And you can always recover the damage caused from the tenant.

Instructions

1. After choosing a dwelling and preliminary agreement with its owner, check the credentials. It may also happen that you become a participant in a sublease when the former tenant rents out housing on inflated terms. Or, instead of the owner himself, this is done by a family member who does not have the sole rights to dispose of the apartment, such actions are assessed by law as illegal. Ask for a certificate of ownership. Everything is indicated there in detail. But you can also request help from the register of real estate rights: the information is public and available to everyone.
2. Ask for a detailed inventory of all property: where are the scratches and defects, whether the wallpaper is peeled off, whether the floor is scratched. This will help in the future to avoid unfounded claims from the owner of the apartment. List all the property in a list, and put down your comments next to it, for example, a washing machine - a chipped sheathing in such and such a place.
3. Discuss the cost of payment, the deadline for the transfer of money, the possibility of deferred payment.
4. The ability to live with your family also needs to be discussed, ask the owner to make a temporary registration for everyone during their stay in the apartment. This can come in handy if you need medical attention or a job.

It is impossible to describe all the nuances, you need to follow on the basis of the current situation, but it is important: when and who can visit the apartment in your absence, you need to clarify immediately.

Where to conclude an apartment rental agreement

Many owners do not rely on themselves and turn to real estate offices, and this is understandable, because this is their profile, they know all the pitfalls and features of rental housing. On the one hand, this is correct, but you have to pay a commission for services, sometimes this amount is significant. But they can also draw up an agreement according to all legal canons, and then it will be almost impossible to challenge any points in it.

But if you need to save money, then you can deal with drawing up a contract yourself, in the apartment you are going to rent out.

But here is an important condition: the contract must have legal significance, which means that it must be drawn up and concluded in accordance with all the rules.

Preparation of contract

The fact of delivery of the living space can only be confirmed by a contract, which is written by hand or filled out with a ready-made form and signed by all parties. It is for these reasons that you need to carefully consider its compilation. The parties to the agreement are the lessee and the lessor.

What should be reflected:

1. Who rents the apartment: his passport details, place of permanent registration, date, date and place of birth.
2. The same information should be for the tenant.
3. Zip code and full address of the apartment.
4. Indicate the document entitling the apartment: transfer deed, sale and purchase agreement, exchange, donation, identification number of the issued certificate of ownership.
5. Indicate due dates: one year, three years, or five years. Pay attention to landlords: an agreement for a period of more than 1 year is subject to mandatory registration, in addition, you will have to pay 13% of the income received. Advice: do not try to evade taxes, for this there is a large fine - up to 5 thousand rubles.
6. Rental rate for each month: it is prescribed in numbers and in words. If you leave a deposit to the owner, then this amount must be fixed in the contract. So you can prove your case if conflicts arise.
7. Describe in detail the method of payment and the date of transfer, provide for a percentage for late payment;
8. The next point is very important for both parties: the frequency of visits by the owner of the apartment: when and how many times he will be able to check the condition of the apartment, payment of utility and telephone bills.
9. Detailed description of the condition of the apartment, furniture, household appliances and plumbing equipment. The owner's claims to you about a damaged washing machine or refrigerator will depend on this.
10. Indicate the conditions for extending the lease, if necessary.
11. Sign the date of the conclusion and your signature.

There may be other clauses in the contract, but they can be added by agreement of both parties.

The contractual obligations will come into legal force at the end of the registration actions, but the tenant can already live in this apartment.

Apartment lease agreement for an individual sample Is not a complex document that can be drawn up according to a template / sample.

The lease (lease) agreement of a dwelling prescribes the terms of lease, terms of residence, price and payment procedure, terms of termination.

An Acceptance and Transfer Act is drawn up to the lease (hire) agreement, it is this that is the basis for the onset of the tenant's responsibility for the premises (apartment, house, room)

The article was updated on 09.07.2018

Apartment lease agreement for an individual sample download

But first let me give you a few recommendations as they have experience of communication with tenants and landlords of apartments.

The main difficulty in working with tenants is their eviction from the apartment. Yes Yes!

Well, they haven't settled yet, but we are going to evict.

Alas, this cannot be ruled out. All of them (tenants) are white and fluffy until the door is closed behind the owner.

• So, so that there are no problems with eviction, the front door must have two locks. The keys to one - give them to the tenants and keep them for yourself, hide the second or tell them that you are lost. It is with the second lock that you can close the apartment in the absence of tenants, if they violate the terms of payment or are careless about the apartment.
• Check the reliability of water taps and electrical outlets, do not skimp on repairing or even replacing them. Stingy as you know - pays twice.
• Do not conclude a contract for a long term, set a trial period - three months, for example. Write down the possibility of its prolongation (renewal) in the lease agreement, subject to the fulfillment of the agreements.
• Describe in detail all furniture and household appliances with the name of the brands and condition at the time of signing the contract
• If possible, immediately take a photo of the apartment and send it to the tenant's smartphone. Then, if necessary, it will be possible to return to these photos.

It is very important for the tenant to conclude a lease (lease) agreement with the owner of the apartment (house, room) or a person who has a notarized power of attorney from him with the authority to sign a lease.
Indeed, in the real estate market, realtors, and even fraudsters, often act on behalf of the owner without a power of attorney.
Therefore, I recommend that you find out exactly who the owner of this property is.

You can get reliable information from Rosreestr.
Publicly available data is issued to anyone. State fee - 250 rubles
An extract from the Unified State Register of Real Estate (Unified State Register of Real Estate) can be received by e-mail quickly enough (from a few minutes - depending on the load on the resource)

Order an extract from the USRN right now
This is a reliable legal service

With an extract from the register, you will be sure of the legality of the lease.
Transfer money for rent on receipt and only to the owner or legal agent.

Apartment lease agreement with an individual sample

What points should be considered when concluding a contract?

• Conclude an agreement with the person who presented the passport.
• Pay attention to the registration in the passport
• Specify in the contract the persons who will live with the tenant
• Determine convenient rental terms for the parties to the transaction
• Determine the conditions for checking the condition of the apartment
• Agree whether the rent includes payments for water, electricity and gas
• Be sure to write down financial liability for damage to property, fire or flood
• Be sure to transfer the apartment according to the Acceptance and Transfer Act, because the signing of the lease does not confirm the fact of moving into the apartment. By the way, the lease (lease) agreement and the Acceptance and Transfer Act can be dated by different numbers. But the date of the act must correspond to the actual arrival
• If the list with furniture and household appliances is large, draw up the Acceptance Certificate of the apartment on a separate sheet.
• Prepare an agreement in advance, so that later you can simply enter the personal data of the employer

Registration of a lease agreement with Rosreestr

The lease can be registered with Rosreestr.

If it is concluded for more than a year, it is subject to mandatory state registration. The state duty of 350 rubles is paid equally by the parties to the agreement.
A lease agreement for registration with Rosreestr can be submitted through the MFC.

Registration period is no more than 10 days.

Registration of the contract is carried out at the request of the parties.

By virtue of Part 1 of Article 51 of the Federal Law of July 13, 2015 No. 218-FZ "On State Registration of Real Estate" (hereinafter - Law No. 218-FZ), state registration of lease of immovable property is carried out through state registration of a lease of immovable property.

Its obligatory conclusion is required in accordance with the legislative provisions of the Civil and Tax Codes. As a result, an unwritten document deprives the property transaction of legal force.

This does not guarantee the owner protection of property rights from the state. Moreover, he can be for non-payment of taxes for the income received by an individual.

For interested parties, conduct showing an apartment.

What are the conditions for renting an apartment? Having agreed orally, the landlord provides documentation:

1. Certificate of ownership, if any.
2. Title document, on the basis of which the right to dispose of the object arose.
3. If, then the contract of social employment is attached administration permission about renting.
4. When a real estate company acts in the interests of a person, a private realtor or intermediary is represented documents for the right to real estate activities or a power of attorney certified by a notary.
5. Certified by a notary permission from spouse, for persons who are in a registered marriage, if the dwelling is a joint property.
6. Certified by a notary permission from other owners, If there are any.
7. Passports parties.

With the listed documents, the parties come to a private law firm, a real estate company or an entrepreneur's office.

The place of drawing up the contract can be chosen at the discretion. If it is compiled by a specialist, he provides for viewing preliminary sample... What kind of contract is concluded when renting an apartment? The parties discuss the provisions introduced into the text and check the correctness of the information entered.

When the agreement is drawn up independently, it will not be superfluous to draw up a preliminary text as well. After discussing it and making changes, they compose a copy, which will become the main basis governing the terms of employment.

The contract can be concluded for a certain period, which is indicated as a separate item. You can find out about that from our other article. If no restrictions are provided, it is indicated that it is valid indefinitely.

In this case, it is allowed on the initiative of one or both parties, with 2 months warning.

This should also be recorded.

If its validity period more than 1 year, an agreement is required at Rosreestr.

To do this, the parties go to the registrar with three copies of the contract and the listed documentation.

The package of documents is attached receipt of payment of state duty in the amount of 1 thousand rubles. The fee can be paid at the Savings Bank or in the terminal, directly in the hall of the local department of cadastre and cartography. You can find out the details for payment:

• on the official website of Rosreestr;
• directly in the department.

After registration, the official paper is considered entered into force... It remains only to draw up an act of transfer of keys and property. You can learn how to make up a living space, as well as with tenants, from our articles.

Features and conditions

If the contract is not drawn up in writing or is not registered, this directly indicates that the citizen evades taxes.

Since after its registration and entry into the records of the State Cadastre, information is transferred to the tax office. Here is charged personal income tax of 13% the amount specified in the contract.

Some unscrupulous landlords do not register an agreement, which is fraught with legal consequences if the tenants turn out to be unreliable. The legislation will not only fail to protect the interests of the owner, but will also punish for a tax crime.

Other citizens, for the same purpose, conclude gratuitous contract apartment. In this case, the consequences may be even more dire. Residents have the right to simply not pay for the apartment, since in the position of the official paper it is indicated that the housing for free... It will be extremely difficult to evict such tenants.

So that the tenants do not have the temptation to register in the apartment, if the owner does not want this, it should be indicated in the official paper that the lease is provided without the right to register.

In the absence of special instructions, citizens can request registration at the place of residence through the courts.

You can find out how and in what cases it is required on our website.

The most important thing is to be wary fraudulent activities persons who fill the real estate market. Therefore, all documents must be drawn up properly.

When transferring an object on a lease basis, it is required to foresee all possible scenarios for the development of events, describing them in the provisions of the official paper. In the hands of the counterparty in no case do not issue the original documents.