Download a sample of renting an apartment. Typical form of rental rental apartments between individuals

28.09.2019

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Housing lease agreement This document legally enshrining the transfer of residential premises belonging to one person to the temporary use of another person. In essence, the rental agreement is a certain shift in the fact that housing is transferred and accepted by the parties in a consistent form, as well as which obligations have taken over each party. Such an agreement does not need a certificate of notary and state registration, but it has sufficient legal force and can serve as evidence of a degree for renting housing in court or other state bodies. The document comes into force from the moment of its signing by all participants in the transaction, indicating their full passport data.

If rental apartments are carried out through realtors, they, as a rule, can offer their shape of the contract, as well as to assure his conclusion to their print 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 form of contract does not always respond to the interests of the parties, since it cannot contain individual features of the transaction. It is recommended to use a lease agreement, compiled, taking into account all the nuances of your transaction.

It should be noted that the lease contract form is nothing complicated. It can be sampled, however, it is necessary to do it very carefully. Since, in the event of controversial situations, every little thing may be important. By the way, the expression "rent of an apartment or housing" is not entirely right, because the legally notion of "rent" refers to the economic use of real estate. Premises intended for accommodation usually surrenderTherefore, it is more appropriate to use this particular term. But the wrong name of the document in principle does not affect anything. The main thing is to accurately prescribe all the essential conditions, and they include the rights and obligations of the Parties to the Treaty, its validity period and a number of other items.

What consists of a housing lease agreement

1. Item "Subject of the Treaty".

It must be specified that the landlord transmits the tenant to the hiring object - an apartment for temporary use for a certain period. You need to describe in detail all the characteristics of the apartment and its address. Optionally, you can specify the maximum number of persons who can accommodate in rented housing. These citizens can even be listed. Then, accommodation in the apartment of others will be regarded as a violation of the terms of the contract.

2. Item "Rights and Responsibilities of the Lessor".

At this point it is necessary to describe the rental conditions, the condition of housing. You can (and necessary) include a list of furnishing and household appliances list, which is in the apartment and their condition. You can also register the timing of the lease and the obligation to control all the issues of providing utilities to residents. Here you also need to specify the ability to check the state of the apartment and the frequency of such checks. In order to protect the tenants of housing, you can register in the contract for rent a phrase "The landlord undertakes to provide the tenant unhindered and round-the-clock use of the apartment", but provided compliance with the agreed requirements.

In addition, in the contract, you can specify the duty of the Lessor to independently settle possible conflict situations with other apartment owners. After all, fraudulent schemes are quite common, when one owner has a apartment, and then the second comes and shoots tenants, on the grounds that he did not know about lease. Therefore, it is desirable even at the stage of concluding a housing rental agreement, the consent of all owners will enlist and register such a situation in the treaty.

3. Item "Rights and Duties of the Tenant".

At this point, it is necessary to provide a complete list of all the duties of the tenant, namely: a ban on the content in an apartment of animals, a ban on organizing parties and other important requirements of the lessor. It is important to indicate responsibility for the safety of all things that are rented together with the apartment. In addition, it is possible to separately indicate relations with neighbors, oblige tenants to apply the meter readings and allow authorized persons from the CC or HOA to the apartment to control. Here you can register the need to make a pledge and obligation to make cosmetic repairs, with certain frequency. Or, on the contrary, do not make repairs without negotiation with the owner of the housing.

4. Point "Order of settlements"

At this point, you should specify an accurate amount of rent and all additional payments that are required to do tenants. It is necessary to clearly describe the schedule of payment of payments to the Lessor and for utilities. As well as the procedure for making such payments - cash or bank card. In addition, in this point, you should specify the amount of collateral transferred to the landlord by the tenant. And also to register all conditions for this amount, in particular, the owner's right to keep the cost of damaged property or rental debt, or utilities. As a collateral or first payment. In the same item, you should indicate the testimony of all the instruments of accounting at the time of the transfer of the apartment in the hiring. It may be, the testimony of the water meter, the electrical counter, the gas meter.

5. Point "Procedure for termination of the contract and the responsibility of the parties."

In this point, it is necessary to describe all the conditions under which the rental transfer transaction stops. If we are talking about termination of the contract at the end of the contract, it is necessary to register the actions of the parties to the contract. Also, the conditions and procedure should be determined in case of 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 in case of complaints of neighbors, inappropriate housing content, damage to the property or violation by residents of public order. Residents may want to move early in case of violation by the hosts of the order of control and unreasonable increase in rent.

The contract should indicate the procedure for termination of the contract, namely, the notice of the parties to terminate the lease early and the terms of the liberation of housing in this case.

6. Point "Consideration of disputes and settlement of disagreements."

In this point, we indicate that "the parties will try to solve all the differences between them through negotiations," but if an agreement cannot succeed, "the disputes will be resolved in accordance with the legislation of the Russian Federation, in court." It is important to indicate that all incurred by the party, which the court recognizes the right in dispute will be obliged to compensate the loser side. And besides, such a party will obliged to pay a penalty under the contract (you can specify the size of the penalty).

7. Point "details and addresses of the Parties to the Treaty."

In this point, you should specify passport details and registration addresses and the actual tenant accommodation, and the landlord.

Obviously, the text of the lease agreement may well compile any person without legal education. The legislation requires that its subject, the price of the transaction, the props of the parties and their signatures have be reflected in the contract. All other conditions with laws are not limited and depend only on the imagination of the parties. The more detailed document, the less questions will arise when resolving controversial issues, in the event of their occurrence. The standard housing lease agreement can be taken as a sample, but it must be filled with individual features of the transaction. In addition, the Agreement needs to be attached to an act of receiving an apartment with the description of the property. This act is desirable to assure the signatures of two witnesses. Thus, the parties will be delivered from distrust of each other in terms of assessing the state of certain objects.

Separately, it should be noted that in the housing rental contract it is necessary to specify the basis on which the landlord owns the apartment, as well as the lack of burdens on housing, for example, arrest. If the apartment is in the mortgage and actually secured by the bank, this should also be specified in the contract of hiring.

Sample Hill Hiring Agreement:

Treaty

Rental housing

city \u200b\u200b______________ "______" ________________ ________ g

We, the following: ____________________________________________________________________________________________________________________________________________________________________________________________, then here's a referred tonder, on the other hand, have entered into this Agreement on the following:

1. THE SUBJECT OF THE AGREEMENT

1.1. The landlord provides a tenant apartment consisting of ____ rooms (s), located

at the address. ___________________, Street _________________________________ House ____ Corpus ___ Building ____ Apartment ______ for a fee, temporary round-the-clock use for personal accommodation. Subarend Apartment is not allowed.

1.2. The room belongs to the landlord based on:

_______________________________________________________________________________________

1.3 . Throughout the lease term, together with the tenant in the apartment will be accommodated: __________________________________________________________________________

_______________________________________________________________________________________

_____________________________________

1.4. The term of lease of the specified apartment is set with _____ _____________200 ___ ____ _____ ____________ 200 ___.

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

2. Rights and obligations of the parties under the contract.

2.1. Landlord must:

- Provide the specified apartment to the tenant for use with _____ ____________ 200 __ years.

Provide free access to the leaser to the apartment;
Attend an apartment for the purpose of checking no more than once a month, and notify the tenant's visitors at least 24 hours before the alleged visit ;
Ensure the tenant from property and other claims of third parties with ownership rights to the rented apartment.

The landlord confirms that the apartment is not under arrest, is not a key or subject of trial and it is its full owner on the basis of _______________________________________________________________________________________________________________________________________________________________________________

2.2. The tenant undertakes:

Use the apartment only for the purpose specified in paragraph 1.1 of this Agreement.
Do not take the apartment to the Subarent and do not transfer the rights to use on it to third parties, as well as not to subside from other persons without the consent of the landlord;
Get a written permission of the landlord on the content of animals in the apartment, while the landlord must personally bear full responsibility for the damage that his pets can be applied.
Do not redecessing and repairing the apartment without the written consent of the Lessor;
Do not install any stationary equipment in the apartment (including the replacement of door locks, strengthen the doors and the alarm installation) without negotiation with the landlord;
Take full material responsibility for renting an apartment and for all possible consequences of this lease or use, except for the force majeure circumstances;
Take full material responsibility for all the property transferred to him in the apartment, contain it in health and cleanliness.
Follow fire safety rules;
Not to violate the public order and the rules of residence in the house;
In a timely manner to make a rent in the amount of __________________ to a term of ______________ and pay utility services, namely: ________________________________________________________________________________
___________________________________________________________________________________________.

Second page

3. Payments and calculations under the contract.

3.1. Monthly payment for the use of an 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 tenant monthly for a month ahead, then no later than ____ number of each current month.

3.3. At the time of signing this contract, the landlord transferred the tenant in the amount of ___________________________ rubles of the Russian Federation

3.4. The size of the rent can not be changed without the written coordination of both parties.

3.5. Communal payments carry out ____________________.

3.6. Payment for information telephone services, the Internet and cable television performs _____________________

3.7. Electricity by the meter pays _________________________.

4. Responsibility of the parties to the contract

4.1. Fidgeted to stop renting an apartment and terminate this Agreement, each of the parties is obliged to warn in writing no later than 30 Calendar days before the date of the expected cessation of the lease.

4.2 . Early cessation of the lease and termination of the contract is possible in cases of violation by the tenant or the landlord of its obligations.

4.3. In case of early termination of the contract at the initiative of the lessor, the early term defined in it, due to its personal, unforeseen circumstances, but, subject to the tenant of all the obligations specified in paragraphs 1.4; 2.2; 3.2; 3.7; 3.8; 3.9, the landlord is obliged to return the tenant part of the previously made payment of use by residential premises, while the landlord must provide a tenant time in the amount of fifteen calendar days free of charge for searching for other housing and moving.

4.4. In case of early termination of the contract on the initiative of the tenant, but subject to the landlord of all its obligations specified in paragraphs 1.4; 2.1; 3.5, rent made in advance, as well as a deposit, not subject to return.

4.5. For late payment of rental apartments, the tenant pays for the 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 landlord has the right to terminate the lease agreement unilaterally

4.6. The parties made a mutual verification of personal documents and documents confirming the right to dispose of the rented apartment.

4.7. The landlord confirms the consent of others registered in the apartment or eligible

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

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

More articles

A competently composed apartment rental agreement, and more correctly - a contract of hiring a residential premises, allows you to immediately speak and solve many problems, save your nerves and time, and in the future - to avoid the possibility of fraud both from the apartment and the owner of the apartment.

Materials on the topic:

Competently compiled lease contract apartments, and more correct - agreement hiring residential premisesIt allows you to immediately speak and solve many problems, save your nerves and time, and in the future - to avoid the possibility of fraud both from the apartment and the owner of the apartment.

You have passed a long way from the search for a removable apartment or the selection of apartments before signing the employment contract, spent a bunch of time, spent a lot of strength. So let all this will not be spent in empty!

An important nuance of the compilation of the contract is its name. In accordance with the legislation (), a private person must conclude a contract of hiring residential premises with the owner of the apartment, and the legal entity is a lease agreement. Consequently, an individual cannot rent an apartment, and a legal entity cannot be the employer. Like a trifle? And no .... The court may recognize such a contract of hiring no strength.

Preparation of contract

Insist on drawing up and signing the contract (you can edit), where all important points and controversial issues related to the rental apartment or room will be indicated.

Points must be spelled out in the employment contract:

the date of drawing up the contract and its validity period;
passport details of all persons participating in the transaction, as well as the number of the document establishing the right of the hides of the property (donation agreement, certificate of ownership, an apartment transfer agreement (privatization), etc.);
if the apartment is in equity property, all owners must be indicated;
the owner of the apartment must confirm that the housing is not under arrest, is not a key or subject matter;
specify the subject of the contract - all data on the room for renting in the hiring, incl. address;
terms and procedure for calculations;
rent size linked to any currency;
the list of all those who will live in a removable apartment.

Also register in the contract: who and how pays utility services, the phone (if it is in the apartment), the Internet, the possibility or inability to change the rent during the action of the contract, the regularity of visits to the owner and what he should warn about it in advance. If a deposit is transferred, specify its sum. You can specify the readings of the electric meter and water meters at the time of signing the contract of hiring. Enter the point of the state of the apartment and repair, if it is planned. In accordance with the law (Civil Code of the Russian Federation, Article 681) the current repairs of the apartment - the obligation of the employer, unless otherwise established by the contract. But overhaul - the duty of the owner of the apartment.

"Little things"

if there is no data on the employment data to be transferred to the employer, such an agreement is considered not disconnected;
do not discern the description and description of furniture, it will protect it from disputes about the presence of an antique chairs and the requirements of payment of what has already been broken;
the contract of hiring residential premises is no more than five years, and if the term is not defined, the contract is considered to be concluded for five years (Civil Code of the Russian Federation, Article 683);
subscribe a hiring contract on each page;
in a paragraph describing the rights of the employer and the hodger, the leader undertakes to provide the employer unhindered and round-the-clock use of living space, even if it seems too obvious;
in the paragraph describing the rights of the hip, enter its duty to resolve possible claims from other co-owners of the apartment (or registered in it) and protect the tenants from them;
the one-sided change in the size of the rent for an apartment is not allowed, with the exception of cases provided for by law or contract (Civil Code, Article.682);
on the end of the term of the contract, the housing employer has a predominant right to conclude a contract for hiring residential premises for the new term (Civil Code of the Russian Federation, Article 684);
if something happened to you with the lock, and it is impossible to open the door, to open it in the absence of owners will only if the contract has been hiring in your hands;
in the event of the death of the employer or his disposal of the residential premises, the contract of hiring continues to act on the same conditions, the new tenant is one of those who constantly lived with the former tenant.

Subpense contract (sublease)

Subarenda (liquefit) - the apartment or room is not the owner of the property directly, but at the estate that this housing took off. In principle, the contract must contain all the same as the contract of employment, except:

the subdirection contract cannot be concluded for a term greater than the contract of hiring and early termination of the employment contract simultaneously terminates the contract for the subgenesis of residential premises;
when concluding a contract, the employer does not have the advantage of its extension.

Signing a contract of employment and its entry into force

If the apartment has been removed through the agency, the representative of the latter must be near at the time of signing the employment contract. In the case of independent search, it will also not be superfluous to have a witness.

All owners and registered in the apartment over 14 years old must give written consent to the rental of the apartment in the hir. They either have to sign a hiring agreement, or to the contract it is necessary to attach a notarized consent.

The contract of hiring residential premises enters into force after signing it by both parties, the owner and the tenant. Its optional, sufficient signatures of both parties. We need to visit the notary, only if one of the parties is a legal entity.

The contract must be signed in two copies. One takes advantage of the tenant, the other is the owner of the apartment.

Extending the contract of hires

Through three months before the expiration of the contract of employment, the owner of the apartment should offer an apartment to conclude the following contract of employment on the same or other conditions, "either to warn the employer about the refusal to extend the contract in connection with the decision not to pass for no less than a year in Vince (Civil Code of the Russian Federation , Article 684). If the owner did not fulfill this duty, and the employer did not refuse to extend the contract, the contract is considered extended under the same conditions for the same period.

Termination of the contract of employment

In accordance with the Civil Code of the Russian Federation (Article.687), the contract of hiring can be terminated by the employer of housing on his own will. Enough written warning of the owner of the apartment in three months.

The termination of the contract of hiring can occur in court at the request of the owner of the apartment in cases:

non-rental rent for an apartment for six months, if a contract has not been established another period;

with short-term rental of the apartment in case of non-payment of the payment more than two times after the deadline established by the deadline;

if the employer of the apartment or other citizens, for the actions of which he responds, systematically violates the rights and interests of neighbors;

destruction or damage in dwelling or other citizens, for whose actions he is responsible.

The hiring agreement can be terminated in court at the request of any of the Parties to the Treaty:

if the apartment ceases to be suitable for permanent residence, as well as in the case of its emergency condition;

in other cases provided for.

After terminating the contract of hiring tenants to be evicted from the apartment.

P.S. Carefully re-read the contract before signing it.

Arriving for business in another city or wanting to live separately from relatives, and physical, and legal entities make up a lease agreement or hiring an apartment. What is the difference between these two concepts? The lease agreement is made up between legal entities, and about hiring - physical.

Lease contract. Basic concepts, features and advantages

The lease agreement implies the conclusion of a written and certified agreement between legal entities. However, in this concept there is its own characteristics:

The contract may be between a physical and legal entity. This item denotes that the agreement was drawn up by the owner of the apartment and any organization or an entrepreneur. In this case, a legal entity is obliged to pay taxes and interest from the use of someone else's housing area.
The agreement can be drawn up between the two legal entities. This means that two organizations or individual entrepreneurs conclude a lease agreement for any time.

In this form of the contract, two concepts are used:

The landlord is a person who provides its apartment for rent a legal entity.
The tenant is a person or an organization providing individuals free living space.

As a leased room, not only an apartment, but also a non-residential premises. The latter can be attributed to:

Garage.
Warehouse.
Empty room and so on.

In this case, all the costs of repair and arrangement takes on a tenant, that is, the one who rents the room. But this item must be staped in advance in the concluding contract.

Rent an apartment has both its advantages and cons. To the positive parties of this type of contract include:

Timely payment of the apartment. The tenant is obliged to pay the amount that was stipulated in advance in the contract, on time.
In the event of damage to the property or apartment, the tenant carries responsibility. Regardless of how the damage was brought by an apartment, a legal entity, renting an apartment to citizens, is obliged to pay the whole amount.
All household and legal issues also solves the tenant. The exceptions are cases of tax inspectorate.
The contract is signed by an indefinite period. In other words, the landlord receives his percentage during the period of time that was specified in advance in the agreement.

As for the minuses in the contract of this kind, then the following items can be distinguished:

Since the surrender of the apartment is carried out by the tenant, then there will be a person who does not see the landlord.
The tenant may hide in an unknown direction along with money.
Other points of the contract may be violated.

That is why it is best to use the apartment of hiring an apartment.

Hiring contract. Main differences from rental. Underwater rocks

In this document, the Agreement is compiled between individuals or by the organization and citizen. In something, the contract of hiring is similar to rent, however, there are also its features:

The owner and civilian are referred to as the "apartment" and the "tenant".
The owner of the apartment sees citizens, and decides himself, passing them to the apartment or refuse.
Hiring contract is subscribed to 5 years, after which it is necessary to reissue the agreement.
The owner himself is responsible for damage. In the event of a major harm caused by a citizen in relation to property or apartment, the latter is obliged to pay a penalty of the owner.
All questions related to the apartment, the owner, also solves independently.

Despite the fact that all responsibility lies at the apartment, the latter can deceive the citizen.

What problems may arise from the estate?

Contractual terms. There are two types of conclusion of the agreement between the tenant and an apartment: short and long term. Short It is about a year. With this form of the contract, the owner must notify the tenants in advance about the end of the use of housing space. In addition, he must offer to conclude a new contract. This rule does not apply to those who do not want to handle housing and further. During the term of the contract, the owner has no right to evaluate tenants without good reasons. It is also necessary to specify the amount in advance, the procedure for the return of funds and pledge. As well as I. long agreement. It consists of up to 5 years. This type of contract is reluctant to be used by apartment, as the tenant can use the apartment for mercenary purposes. Moreover, it is possible to prove it only in court. Otherwise, the tenant has the right to apply to the court on violation of the contract points. That is why, most often, short-term contracts are concluded.
Owning the initial amount of payment. In this case, in the contract should be negotiated in advance, under what conditions, in what time frames and how many percent will be a change in prices. In the case, if this item is not in the contract, the owner has the right to increase the price, but not more often than once a year and with written notice. In case of disagreement with such a sum, the apartment has the right to terminate the contract.
Relationship with an apartment. During the conclusion of the Agreement, it is necessary to specify the living conditions, the frequency of the owner's visits and so on. Otherwise, it may turn out that the owner of the apartment will come in the absence of tenants.
Repair work. In the event of a repair organization, this item is necessary, also, to discuss in advance. If the tenant makes repairs at his own expense, it can count on a decrease in housing fees. However, this should be discussed in advance.
Furnishing in the apartment. It should be described as much as possible all the furniture on this housing. This will help get rid of extra conversations and controversial situations.

The correctness of the preparation of the contract for rent and hiring. Sample

Regardless of the fact that the contract is concluded between persons, the order of its filling will carry an insignificant difference. It will only be constructed in stinging deadlines, conditions for renting an apartment and all risks associated with causing damage to housing.

Thus, in the points of the contract the following will be:

First indicate the data of the owner and tenants.
Describes the apartment, the number of rooms and the exact address.
It is indicated by the amount that residents are obliged to make a monthly period of repayment and responsibility for violations.
A list of property is drawn up. It is necessary for fencing itself from unnecessary problems. Plus, all flaws and disorders are indicated.
The deadlines are indicated.
The contract of hiring is written in writing and without a notary, and the rental or agency agreement must be compiled properly.

The following items can serve as an exemplary sample of the contract:

It is indicated by the city and the date of the conclusion of the contract.
All these residents and owner.
Subject. All owners of the apartment are described here, as well as links to documents indicating the right to property.
Rights and obligations of the parties.
Calculations under the contract.
Ensuring the fulfillment of obligations. It indicates the timing of the return of money and other financial transactions.
Mutual responsibility.
Terms and termination of the contract.
Other and additional conditions.
Act of the transfer of property and apartments.

Thus, we will take apartments under the contract will allow the owner and guests of the city to protect themselves from various kinds of problems. The lease agreement will allow the owner to receive funds with minimal responsibility, and hiring is to keep the apartment as possible and safety.

Immediately alleged: in this article, it will be discussed on the contract of commercial hiring of residential premises, which is regulated by Chapter 35 of the Civil Code of the Russian Federation and partly the head of 5 Housing Code of the Russian Federation, that is, the hiring of an apartment with an individual. The law is the difference between the employment contract (which lies with an individual) and the lease agreement (which lies with the legal entity). However, in ordinary speech, the established word "Rent" is used. Therefore, in this material, for simplicity, we will use both terms - "cas" and "rent" - as equivalent.

Documentation

In no case do not hesitate to ask the owner of the apartment to provide a complete package of documents:

passport;
necessarily evidence of registration of ownership of an apartment;
additionally: paid receipts for utility bills (to ensure that there are no debts on them) and an extract from the house book about the faces registered on the housing.

If the owners have several apartments, then the consent of one of them is not enough, it is necessary to obtain the consent of all. Perhaps three options for the development of events:

Attach the written consent of all co-owners.
One co-owner concludes an agreement with attorney from others.
When concluding a contract, all owners are present personally (then in the contract it is indicated that the apartment is rented at the same time by all owners).

From people who are not owners, but registered on the housing also require written consent. Otherwise, they can declare their rights at any time, and you will have to seek new accommodation in urgency.

Since we are talking about hiring apartments, it means that the employer is an individual. Therefore, he needs to bring a passport with him. If you are going to live in an apartment not one, then the passport details of the second (third, fifth) tenants are also necessary.

The real estate lease agreement is subject to state registration. With the exception of a contract concluded for less than a year.

Time

The contract of hiring may be short-term (up to one year) and long-term (from one year to five). If there is no word in the contract on the term, it is believed that he is concluded for the maximum five-year term. The main difference between long-term and short-term contracts is the conditions for evicting tenants.

Short-term contract

The owner can register the period during which the contract may be terminated by the parties early. If such a period is not specified, it has no right to evaluate tenants until the expiration date of the contract. But at the end of this period, the owner itself decides, continue to take the apartment to the same residents or to look for others.

Long-term contract

It is much more complicated to part with the tenants. At the end of the term of the contract, the landlord cannot simply settle someone else to the apartment: if he did not notify his desire for the tenant at least three months before the end of the contract, it is believed that the contract is automatically extended on the old conditions.

If the landlord says that he no longer plans to donate housing, then the tenants should take. But in this case, he can not actually take the apartment at least a year, otherwise the previous tenants are entitled to go to court and require compensation for damages.

Unlike the landlord, the tenant may terminate the contract at any time without explaining the reasons.

Status of the apartment and property

Repair and improvement

A pressing question: who does repair? Usually there is a formulation in the contract that "after the expiration of the contract of employment, the tenants undertake to return the premises in the same form, in which it was provided." Therefore, in the contract it should be noted immediately, it is possible to change in the apartment, and what is not.

In addition, without the consent of the owner, the tenants do not have the right to reorganize and reconstruct residential premises. For example, when repaired, it is impossible to take and demolish the intercommercial partition or expand the doorway.

If the repair can be carried out, then in the contract, definitely register how much the rent should be reduced. If the instructions are not, this situation is possible that you will repair everything yourself, and the owner simply refuses to reimburse your expenses.

All current repair and spending on it - on the shoulders of the tenant. He not only supports the order in the apartment, but also is responsible for the safety of the property.

The landlord must be engaged in capital repairs, and all spending are imposed on it (if the contract is not indicated inverse). If the landlord does not show interest in major overhaul when it is required, then relieving housing has the right:

independently produce overhaul, provided for by the contract or caused by an urgent need, and from the landlord to collect its value;
require a corresponding reduction in rent;
to demand termination of the contract and compensation for damages.

When you make repairs or buy something new in a removable apartment, speaking legal language, you improve. They can be separable and inseparable. For example, if the tenant installed the air conditioner or water heater at his own expense (and the landlord did not reduce the rent and did not reimburse their cost), he is entitled to pick them up with him.

Inseparable improvements, such as new wallpapers, do not take with you, without spoiling the appearance of the apartment. Therefore, the tenant may require compensate their cost when the contract expires. But the requirement will be satisfied in the event that the contract states that the landlord did not object to this improvement.

State of property

The landlord is obliged to provide a tenant property in good condition. This means that if something prevents you from using the apartment, then the landlord must eliminate this reason at his own expense. Even the one about which he did not suspect at the time of delivery of the apartment. For example, you settled and surprised to find that all pipes have long been rotten and it is simply impossible to wash in the shower. The landlord must eliminate this disadvantage in the shortest possible time and absolutely free. If he does not, you can either even independently eliminate the cause and demand reimbursement, or terminate the contract.

Attention: the landlord must eliminate only those flaws about which neither he nor you knew.

If, when viewed apartments, you saw that something does not work there, or you were warned about it in advance, then your right to agree on such a condition or search the option better.

Also lawyers recommend in addition to the contract to draw up an act of receiving an apartment. It is prescribed the condition of furniture, plumbing, gender, windows and everything else. Subsequently, this will help avoid disputes about the quality of repair and furniture. Of course, in an apartment with old Soviet furniture and without the technique of this can not be done. But the owner, giving housing with expensive furniture and technology, is interested in returning all the property to him in due state, so it can even attach photos of property and checks confirming its value. Natural depreciation, of course, is taken into account. But for the broken TV screen, the tenant will have to pay.

Pay attention to such a concept as "solidarity responsibility" if you shoot an apartment with someone in the folder. If the contract does not provide for a clause about joint responsibility, then the one who concluded the contract will be all responsibility. That is, if your negligent neighbor breaks something, and only you are recorded in the contract responsible, then you will have to pay for you.

Rent

The contract defines the procedure, conditions and deadlines for renting a rent. If there are no special indications about this, it is believed that they are similar to usually used when leaseing such property: in the case of the apartment, this is a solid amount of payment, contributed every month.

If the landlord can immediately make a fee for 2-3 months or a deposit, in the contract it must be prescribed.

In the document, it is also worth indicating how often in which the landlord can raise the fee. In practice, the rental ramp once a year to 10% of the initial cost is usually fixed. But all this is at the discretion of the parties.

If this item is not included in the contract, the landlord still has the right to increase the rent, but this can be done no more than once a year. And he is obliged to notify the tenant about it in advance in writing. If the new conditions do not suit it, it can refuse to one of the contract unilaterally.

The tenant is also entitled to demand a decrease in the rent, if due to the circumstances that do not depend on it, the conditions of the leased premises have deteriorated.

Additionally

Talk to the owner of all the details. You most likely have to meet often. He is worried about his apartment, you worry about the quality of accommodation, so learn to negotiate and register all oral agreements in the document.

Infrequently, but an unpleasant situation happens: sometimes owners love to enter without warning, even in the absence of tenants and several times a month. This is a reason for termination of the contract with the reimbursement of the expenditures of the tenant for moving. To avoid such a situation, simply add one line into the contract about how often the owner can appear if you need to prevent you about it in advance, and specify the prohibition of spontaneous visits to your absence.

Learn how the landlord refers to the guests to the animals, and specify it in the contract.

Only negotiating and fixing all the details that are important, both sides will be able to live without conflict and without unnecessary.

Termination of the contract through court

We have already talked about the fact that the landlord is not easy to part with the tenant, the type of contract plays an important role. But the tenant has the right to terminate the contract at any time, but with one condition: he must prevent the landlord about his desire for three months in writing.

But sometimes it does not happen to agree on humanity, and for one side, the exit remains only one - to seek justice through the court and terminate the contract.

At the request of the landlord, the contract may be terminated by the court in cases where the tenant:

enjoys the property with a significant violation of the terms of the contract or with repeated disorders;
significantly worsens the property;
more than two times in a row does not contribute a rent on time;
it does not produce overhaul of property within the deadlines specified in the contract if the contract is overhaul is the responsibility of the tenant.

The landlord may terminate the contract through the court, only if he in writing demanded from the tenant to eliminate violations.

At the request of the tenant, the lease agreement may be terminated by the court in cases where:

the landlord does not provide property or create obstacles that prevent the use of property to the full;
the property has drawbacks that were not stipulated by the landlord at the conclusion of the contract, were not known to the tenant in advance and could not be discovered during the inspection of the property;
the landlord does not produce overhaul of property in the established contract or reasonable time;
property due to the circumstances that do not depend on the tenant is uninhabitable for use.

Upon termination of the lease agreement, the tenant is obliged to return the landlord property in the state in which he received it, taking into account the normal wear or in a state due to the contract.

In conclusion, let's stop at two important points.

If the signator gives or sells housing, leased, then the lease contract does not stop. In other words, when a person comes and says: "Go away, I sell an apartment," this is illegal. Changing the owner does not entail the termination of the contract of hiring residential premises.

If necessary, you can change the employer (tenant). That is, if the contract is concluded on the husband, and he, for example, leaves for the North Pole into a long business trip, then with his consent you can change the tenant to his wife. At the same time, the contract remains the same, the same conditions, the term continues to flow and is not reset. But it can get rid of the Volokat, if any problems arise (for example, if it is necessary to dissolve the contract or collect something through the court).

The rental agreement of the apartment determines the procedure and conditions according to which the owner of the apartment (landlord) gives the tenant residential premises - an apartment. The contract must be spelled out all the conditions for renting an apartment for which the parties reached an agreement.

Contract n ___

rental of residential premises

__________ "___" ________ ____

We refer to the following "Tenant",

in the face _________________________________________________________, acting on

On the one hand, and

We refer to the following "Landlord", on the other hand,

conducted this Treaty on the following:

1. THE SUBJECT OF THE AGREEMENT

1.1. The landlord transmits, and the tenant takes a rent of an isolated residential room with a total area of \u200b\u200b_________ sq. m, incl. Residential - ________ sq. m, located in the property of the landlord, located at the address: ________________, Street ___________, house ____, building ____, structure ____, apartment N _____, consisting of ____ rooms (hereinafter - residential premises).

1.2. Residential premises will be used for tenant employee ______________

and his family members: ________________________________________________.

1.3. Residential premises are in a state suitable for accommodation.

1.4. The lease term is set with "___" ________ ____ to "___" ________ ____.

1.5. The residential premises is owned by the landlord on the basis of __________________.

1.6. A residential premises and keys from it are transmitted from the landlord to the tenant and return back to acts of acceptance and transmission.

1.7. In the residential premises there is:

Equipment __________________________________________

Appliances: ____________________________________________,

Furniture: ________________________________________________,

- ___________________________________________________________.

1.8. The landlord ensures that residential premises are not burdened with the rights of third parties, it is not under arrest, its rights are not disputed in court.

2. Responsibilities of Party

2.1. The landlord undertakes:

2.1.1. Provide a tenant residential premises specified in paragraph 1.1 of this Agreement.

2.1.2. Provide free access of the employee of the tenant and his family members in a residential premises.

2.1.3. Implementing the proper operation of a residential building in which the residential premises are leased, to provide or ensure the provision of a tenant for the fee of the necessary utilities, to ensure the repair of the common property of the house and devices for the provision of public services in the residential premises.

2.1.4. Remove the tenant the cost of inseparable improvements made with the consent of the lessor.

2.2. The tenant undertakes:

2.2.1. Use residential premises in accordance with paragraph 1.2 of this Agreement, as well as with the requirements of the Housing Code of the Russian Federation and the current legislation of the Russian Federation.

2.2.2. Provide the preservation of residential premises and maintain it in proper condition.

2.2.3. Timely report to the lessor about the identified faults in the residential premises.

2.2.4. Do not make redevelopments and re-equipment of residential premises.

2.2.5. To allow during the daytime, and with accidents and at night in the leased residential premises of the landlords or the landlord itself, as well as representatives of enterprises for maintenance and repair of housing for inspection and repair of structures and technical devices of the residential premises.

2.2.6. Release the leased residential premises after the lease established in this contract.

2.2.7. Do not make the current repair of residential premises without the consent of the landlord.

2.2.8. In a timely manner to make a rent for a residential premises in the amount of ________ (__________) rubles per month. The rent is made no later than _____ of the number of the month following the month of providing residential premises for rent.

2.2.9. Timely pay utility services and other payments on the content of residential premises.

2.2.10. After the expiration of this Agreement, either with the early termination of its termination, give the landlord a residential premises in _______ time after the termination or termination of the contract in a state suitable for residence.

3. Rights of the Parties

3.1. The landlord has the right:

3.1.1. Require from the tenant, his employee _________________ and his family members contain a residential premises in a technically good and proper condition in accordance with the requirements for the current legislation of the Russian Federation.

3.1.2. Require from the tenant timely making a rental fee.

3.1.3. Require from a tenant to liberate residential premises after the term of the lease agreement.

3.2. The tenant has the right:

3.2.1. Improve in the leased residential premises of your employee ______________ and members of his family.

3.2.2. Require from the landlord to compensate the inseparable improvements in the residential premises.

3.3. The tenant has a preferential right to extend and renew the present agreement for a new term.

4. Responsibility of Party

4.1. In case of non-fulfillment or improper performance of its obligations under this Agreement, the parties are responsible in accordance with the current legislation of the Russian Federation.

4.2. Each of the Parties, causing the non-fulfillment or improper performance of its obligations under this Agreement, the detriment of the other party is obliged to compensate to the other party caused damages, including non-coined income.

4.3. For each day, the delay in transfer of rental fees is charged by a penalty in the amount of __% of the amount of the debt.

5. The procedure for changing and termination of the contract

5.1. For _________________ Before the expiration of the lease term or early termination of the contract, the tenant must notify the lessor about the intention to extend the contract term or the upcoming release of the premises. Upon expiration of the term and fulfill all its conditions, the tenant has a predominant right to extend the contract.

5.2. Changing the terms of the contract, its termination and termination are allowed by agreement of the parties. Implemented additions and changes are considered by the parties on time ________________ and are issued with additional agreements.

5.3. The lease agreement is subject to early termination at the request of the landlord, and the tenant - eviction in the following cases:

5.3.1. If the tenant worker and / or his family members use premises with a significant violation of the terms of this Agreement and the current legislation of the Russian Federation or the appointment of residential premises or with repeated disorders.

5.3.2. If the tenant worker and / or his family members deliberately worsen the condition of the residential premises.

5.3.3. If the tenant worker more than two times in a row after the expiration of the payment period established by the Treaty does not contribute a rent

5.4. The lease agreement can be terminated at the request of the tenant in case the room due to circumstances for which the tenant does not respond, will be in a stateless state.

5.5. The contract can be terminated by force of force majeure (insurmountable) circumstances that caused the impossibility of continuing the contract for the landlord or tenant.

5.6. On the grounds not provided for by law and this Agreement, the termination of the contract is not allowed.

5.7. The parties undertake commitments to take all measures to resolve disagreements through negotiations until a complete settlement of the subject of disagreements.

5.8. If it is impossible to achieve agreement through negotiations, non-fulfillment or improper fulfillment of the terms of this Agreement, one of the parties, can be terminated in the court of general jurisdiction in the manner prescribed by law.

6. Final part

6.1. This Agreement is drawn up in two copies with the same legal force, one instance for each of the parties.

7. Addresses and details of the parties

Landlord: _________________________________________________________________________

passport series ________, n _______________, issued _________________________________________,

address: ________________________________________________________________________________

Tenant: Name ___________________________________________________________,

address: ________________________________________________________________________________,

Inn _________________________________________________________________________________________

in _________________________________, k / s ______________________________________________,

Beach _________________________________.

SIGNATURES OF THE PARTIES:

Landlord: _________________ / ________________

Tenant: ________________ / ________________

The subject of the contract that is isolated living space for accommodation can not be renting a room with a shared entrance or kitchen, corridor, etc. Also, in the Rental Rental Agreement, information should be specified about the need to use the placement of intended purpose.

Upon receipt of housing, the tenant for use, according to the provisions of Article 673 of the Civil Code of the Russian Federation, the apartment must be suitable for targeted use. This means that the apartment may not be comfortable, but only to respond to sanitary, including specifications.

Despite the fact that you can transfer any housing suitable for targeted use, it is necessary to take into account the rate of living space per person, prescribed by the provisions of Article 679 of the Civil Code of the Russian Federation. It is 1 tenant 12 sq.m. (Art. 50 LCD).

Rights and responsibilities are prescribed by a separate section of the contract and stipulate the parties. At the same time, their foundation constitutes the rules prescribed in Art. 611 - 621 of the Civil Code of the Russian Federation.

According to the above provisions, the landlord has the right:

Calm rent.

In case of violation of the timing of payment, require its early making to the tenant. But not more than 2 contracts established by a contract, unless otherwise assume the terms of the contract (Article 614 of the Civil Code of the Russian Federation).

To terminate the contract if the terms of the target use are violated, as a result of which the state of the property deteriorated either the rent was not made twice in a row (Art. 619 of the Civil Code of the Russian Federation).

The landlord also obliged:

Do not prevent the implementation of the right transferred under the housing agreement (use and possess the premises).

Transfer the room on time and in due state (Art. 611 of the Civil Code of the Russian Federation).

To be responsible for the shortcomings of the leased housing, if they prevent its use (Art. 612 of the Civil Code of the Russian Federation).

Prevent a tenant about existing and registered rights of third parties, encumbrances, restrictions, judicial disputes, executive processes that relate to housing rights, etc. (Art. 613).

Produce for your money cap. Repair (Art. 616 of the Civil Code of the Russian Federation).

The Rentative Rights includes:

The opportunity to request the property transferred to him and compensate the losses caused to late housing (Article 611).

The ability to terminate the contract if the landlord was not fulfilled its conditions.

In case of deficiency detection, require them to eliminate or demand to reduce rent, or compensate the costs incurred for the arrangement of housing deficiencies.

If the timely execution of overhaul was not made by the landlord, demand to compensate the losses on their independently overhaul premises.

With the consent of the Lessor to take property to the sublease (Art. 615 of the Civil Code of the Russian Federation).

Have an advantage in extending the contract (Art. 621 of the Civil Code of the Russian Federation).

The duties of the tenant include the timely payment of rented housing, as well as the use of leased property only on targeted purpose and according to the conditions prescribed by the Treaty.

Also in order to avoid possible disagreements in the contract, the procedure for changing the conditions and termination of the contract are prescribed. The final part must necessarily comprise full details of the parties below which the tenant and landlord are put by the subscribers or authorized to this. Powers are confirmed documented. Details of the document, on the basis of which the representative operates, should be specified in the contract.

Regulatory regulation of the housing rental market

Norms of Chapel Gl.35 of the Civil Code are applied to contractual relations for rent housing.