Valid apartment lease. How to draw up a rental agreement (sample, form)

I am a citizen Russian Federation: Semyonov Semyon Sergeevich, 11/11/1991 year of birth, place of birth: city of Kaliningrad, Kaliningrad region, Russia, unmarried, having a passport 21 21 212121, issued on 12/12/2011 Department of the Federal Migration Service of Russia for the city of Kaliningrad, subdivision code 812-001 , residing at: Kaliningrad region, city of Kaliningrad, st. Kalinina, house 200, apt. 200, hereinafter referred to as the "LESSOR", and

I am a citizen of the Russian Federation: Semyonova Aleftina Alexandrovna, 05.05.1995 year of birth, place of birth: city of Kaliningrad, Kaliningrad region, Russia, unmarried, having a passport 33 33 333333, issued on 10.10.2009 Federal Migration Service of Russia for the city of Kaliningrad, subdivision code 812-001 , residing at: Kaliningrad region, city of Kaliningrad, st. Kulinarov, house 300, apt. thirty, hereinafter referred to as the "LEASEHOLDER", have concluded this agreement as follows:

1. The “LEASEHOLDER” leased to the “LEASEHOLDER” an apartment belonging to him, with a total area of 62.52 (sixty-two point fifty-two) sq. m. located at: Kaliningrad region, city of Kaliningrad, st. Kalinina, house 10 (ten), apt. 10 (ten).

2. The specified apartment belongs to the "LEASEHOLDER" on the right of ownership on the basis of: Contract of sale dated October 23, 2000 concluded in the city of Kaliningrad, about which registration No. 39-39 / 053 / 34-345 was made in the USRR for real estate and transactions on 05.11.2000, on the basis of which on 05.11.2000, Institution of Justice in the Kaliningrad region issued the Certificate of state registration of rights No. 39-AA No. 234234.

3. The above apartment is rented for a period of one year from May 1, 2017 to May 1, 2018 of the year with the right to further extension apartment lease agreements. The monthly rent by agreement of the parties is 3500 (three thousand five hundred) rubles..

4. The apartment is rented to the "LEASEHOLDER" for living, and he is prohibited from using the residential premises for another purpose, as well as subleasing them.

5. The "LEASEHOLDER" is obliged to keep the apartment clean, equipment AND serviceable.

6. In case of damage to the apartment due to the fault of the "LEASEHOLDER", the latter undertakes to compensate for the losses in proportion to their value.

7. Utilities are paid by the "LEASEHOLDER": electricity, gas, utility bills during the term of the lease agreement.

8. "LEASEHOLDER" undertakes to pay rent until 20th day of the current month, payment for public Utilities by the 20th of the next month.

9. The "LESSOR" has the right to demand a change or termination of the contract if the "LEASEHOLDER" worsens the condition of the residential premises or uses the apartment for other purposes, as well as in case of non-payment of utility and other payments in accordance with the terms of the contract.

10. When signing this agreement, the "LEASEHOLDER" pays rent for May month 2017 and for April 2018 year in the amount of 7000 (seven thousand) rubles.

11. The transfer of the apartment, as well as the property and equipment located in it, is carried out according to the transfer act, which is an integral part of this agreement.

12. This agreement contains the entire agreement between the parties with respect to the subject matter of this agreement, cancels and invalidates all other obligations or representations that may have been accepted or made by the parties, whether orally or in writing, prior to the conclusion of this agreement. The responsibility and rights of the parties not provided for by this agreement are determined in accordance with the current legislation of the Russian Federation.

13. The contract is made in two copies, having the same legal force.

14. The parties confirm that they acquire and exercise their civil rights of their own free will and in their own interest, are free to determine any terms of the contract that do not contradict the Legislation, are not limited in legal capacity and capacity, are not under guardianship and guardianship, for health reasons can independently exercise and protect their rights and fulfill their obligations, do not suffer from diseases (including mental disorders) that prevent them from understanding the essence of the contract being signed and the circumstances of its conclusion, and are not in a different state when they are not able to understand the meaning of their actions and manage them, which they have no obligations that force them to make a deal on extremely unfavorable terms for themselves.

SIGNATURES OF THE PARTIES:

"LESSOR"

money in total 7000 (seven thousand) rubles "LESSOR" received in full.

A housing lease agreement is a document that legally establishes the transfer of a dwelling owned by 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 what obligations each of the parties 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 housing rental transaction in court or other state bodies. The document comes into force from the moment it is signed by all participants in 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 the contract, as well as certify its conclusion with their seal and signature of the representative. Such an 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 is not always in 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 form of the lease agreement is not difficult. It can be made according to the model, however, this must be done very carefully. Because, in the event of a dispute, every little thing can be important. By the way, the expression “rent of 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 out, so it is more appropriate to use this 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 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 consist of?

1. Clause “Subject of the contract”.

It must be indicated in it that the Landlord transfers to the Tenant 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 people 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 furniture and household appliances that are in the apartment and their condition. You can also prescribe the terms of the lease and the obligation to control all issues of providing utilities to residents. Here it is also necessary to indicate the possibility of checking the condition of the apartment and the frequency of such checks. In order to protect the tenants of housing, it is possible to prescribe 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 stipulated requirements.

In addition, the contract can indicate the obligation of the landlord to independently resolve possible conflict situations with other owners of the apartment. Indeed, fraudulent schemes are quite common, when one owner rents an apartment, and then the second one 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 owners and prescribe such a situation in the agreement.

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

At this point, you need to ensure complete list all obligations of the tenant, namely: the ban on keeping animals in the apartment, the 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 out with the apartment. In addition, you can separately point to 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 prescribe the need for a deposit and the obligation to make cosmetic repairs, with a certain frequency. Or, conversely, do not make repairs without the consent of the landlord.

4. Item “Procedure of settlements”

This paragraph should indicate the exact amount of the rent and any additional payments that the tenants are required to make. It is necessary to clearly describe the schedule for making payments to the landlord and for utilities. As well as 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 to prescribe all the conditions for this amount, in particular, the owner's right to withhold from it the cost of damaged property or arrears in rent, or utilities. as a deposit or down payment. In the same paragraph, you should indicate the readings of all metering devices at the time of transfer of the apartment for rent. This may be the readings of a water meter, an electric meter, a gas meter.

5. Clause “The procedure for terminating the contract and the 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 termination of the contract at the end of the contract, it is necessary to prescribe 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 must be indicated that the owner of the apartment has the right to terminate the contract ahead of schedule in the event of complaints from neighbors, improper maintenance of housing, damage to property or violation of public order by residents. Tenants may want to move out early if the owners violate control procedures and unreasonably increase the rent.

The contract should specify the procedure for terminating the contract, namely, notifying the party of early termination of the lease and the terms for vacating the property in this case.

6. Clause “Consideration of disputes and settlement of disagreements”.

In this paragraph, we indicate that "the parties will try to resolve all the differences that arise between them through negotiations", but if an agreement cannot be reached, then "disputes will be resolved in accordance with the legislation of the Russian Federation, in court." It is important to point out that everything incurred by the party that the court recognizes as right in the dispute will be obliged to compensate the losing party. And besides, such a party will be obliged to pay a penalty under the contract (you can specify the amount of the penalty).

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

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

Obviously, the text of the lease agreement may well be drawn up by any person without a legal education. Legislation requires that the contract must specify 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, the fewer questions will arise when resolving disputes, if any. A typical housing lease agreement can be taken as a sample, but it must be filled with the individual characteristics of the transaction. In addition, an act of acceptance and transfer of the apartment with an inventory of the property must be attached to the contract. It is desirable to certify this act with the signatures of two witnesses. Thus, the parties will be relieved of distrust of each other in terms of assessing the condition of certain items.

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

Sample tenancy agreement:

CONTRACT

Rental housing

city ______________ "______" ________________ ________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 concluded 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 the purpose of personal residence. Sublease of the apartment is not allowed.

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

_______________________________________________________________________________________

1.3 . During the entire lease period, together with the Tenant, the apartment will be inhabited by: ______________________________________________________________________________

_______________________________________________________________________________________

_____________________________________

1.4. The rental period for the specified apartment is set from _____ ______200 ___ to _____ ___________200___.

1.5. If the parties do not object, 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 Tenant in the apartment;
Visit the apartment for the purpose of checking no more than once a month, and notify the Tenant of their visits at least 24 hours before the intended visit ;
To protect the Lessee from property and other claims of third parties that have ownership rights to the rented apartment.

The landlord confirms that the apartment is not under arrest, is not a pledge or the 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.
Do not sublease the apartment and do not transfer the rights to use it to third parties, and do not share other persons without the consent of the Lessor;
Obtain written permission from the Landlord to keep animals in the apartment, while the Landlord personally must be fully responsible for the damage that his pets can cause to the apartment.
Do not make alterations and repairs in the apartment without the written consent of the Lessor;
Do not install any stationary equipment in the apartment (including replacing door locks, strengthening doors and installing alarms) without the consent of the Lessor;
Take full financial responsibility for the rented apartment and for all possible consequences of this lease or use, excluding force majeure circumstances;
Take full financial responsibility for all the property transferred to him in the apartment and keep it in good order and clean.
Comply with fire safety rules;
Do not violate public order and the rules of living in the house;
Timely pay the rent in the amount of __________________ by the deadline ______________ and pay utility bills, namely: __________________________________________________________________________________________
___________________________________________________________________________________________.

Second page

3. PAYMENTS AND SETTLEMENTS UNDER THE CONTRACT.

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 monthly for a month in advance, then no later than the ____ day of each current month.

3.3. At the time of signing this agreement, the Landlord transferred to the Tenant a deposit in the amount of ___________________________ Russian rubles

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

3.5. Utility payments are made by ____________________.

3.6. Payment for paid services telephone connection, Internet and cable television is provided by _____________________

3.7. The electricity bill is paid by _________________________.

4. RESPONSIBILITY OF THE PARTIES TO THE CONTRACT

4.1. If you wish to terminate the rental of the apartment ahead of schedule 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 agreement at the initiative of the Lessor, earlier than the term specified in it, due to his personal, unforeseen circumstances, but subject to the Lessee's compliance with 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 a part of the previously paid payment for the use of the residential premises, while the Landlord is obliged to provide the Tenant with time in the amount of fifteen calendar days free of charge to search for another housing and move.

4.4. In case of early termination of the agreement at the initiative of the Lessee, but subject to the Lessor's compliance with 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 the rent of the apartment, 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 agreement unilaterally

4.6. The parties made a mutual check of 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

dispose of it on 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 lawsuit 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

AGREEMENT No. _
rental of residential premises
Gr.__________________________________________ hereinafter referred to as the LESSOR, on the one hand, and Gr.__________________________________________ hereinafter referred to as the LESSEE, on the other hand, have concluded this agreement as follows:
1. THE SUBJECT OF THE AGREEMENT.
The LESSOR transfers for use to the LESSEE for a period of _________ residential premises with a total area of ________ sq. m. consisting of ________ rooms _________________________________ located at: 20 ______. Moscow._____________________________________________, house.________ building sq. _______. belonging to the LESSOR on the basis of: and the LESSEE undertakes to pay the established rent.
2. RIGHTS AND OBLIGATIONS OF THE LESSOR.
2.1. Provide for use to the LESSEE the specified residential premises suitable for living no later than _________________ days from the date of signing the contract
2.2. Provide the LESSEE for use with his property located in this residential premises, in a condition corresponding to its purpose and the terms of the contract.
2.3. Responsible and at his own expense to eliminate the shortcomings of the leased property that impede the use of it, even if at the time of the conclusion of the contract he did not know about these shortcomings.
2.4. Do not exchange, sell or perform other actions leading to a change in the owner of this residential premises during the term of the contract.
2.5. Agree on the rental of housing specified in paragraph 1. of this agreement with the person or persons entitled to use this premises, ensure their written consent to the lease and present it to the TENANT.
2.6. The LESSOR has the right to periodically inspect this premises (the time of inspection is set by prior agreement of the parties), but not more than once a month, as well as to be in the premises without agreement with the LESSEE to eliminate accidents that occurred in the absence of the LESSEE, in order to avoid causing damage to the above premises and premises in the neighborhood.
3. RIGHTS AND OBLIGATIONS OF THE LESSEE.
3.1. Use the specified premises, maintaining engineering and other equipment, including furniture, in good condition, ensuring their safety.
3.2. To pay the rent for this dwelling within the terms specified in clause 4.3.
3.3. Timely pay for long-distance and international telephone calls.
3.4. Individual improvements made by the LESSEE are his property. In the event that the LESSEE has made inseparable improvements at his own expense and with the prior consent of the LESSOR, without harm to this premises, he has the right to compensation for the cost of the improvements, predetermined by agreement of the parties, unless otherwise provided by the contract. The cost of inseparable improvements made by the LESSEE without the consent of the LESSOR is not subject to reimbursement.
3.5. The LESSEE is obliged to compensate for the material damage caused to the property or premises through his own fault or negligence, or the fault or negligence of persons living with him or guests.
3.6. The LESSEE has no right to sublease this premises, unless it is stipulated in a special agreement with the LESSOR.
3.7. Upon the expiration of the term of the agreement, hand over the leased premises to the LESSOR, having made a full payment and release it no later than _______ days from the date of termination of the agreement.
4. ORDER OF PAYMENT.
4.1. The LESSEE pays the rent in the amount of ________________ USD per month.
4.2. As an advance, the LESSEE pays rent for _____________________months in the amount equivalent to _______________________________US dollars. The advance payment is made simultaneously with the signing of the Agreement.
4.3. The rent is paid by the LESSEE within the terms specified below. Paid (from — to) AmountSignaturePaid (from — to) AmountSignature
4.4. The LESSOR has no right to change the amount of the rent during the term of the agreement, without the consent of the LESSEE.
4.5. All amounts specified in the agreement in US dollars are converted into rubles on the day of the payment at the exchange rate of the Central Bank of Russia.
4.6. Payment for utilities is made at the expense of _______________________________________
5. PROCEDURE FOR ACTION, AMENDMENTS AND TERMINATION OF THE AGREEMENT.
5.1. This agreement comes into force from the moment of signing. The term of the contract is from "__"________" ____ to "____"_______________"________. The contract is drawn up and signed in 2 original copies, which are in the hands of the parties.
5.2. The LESSEE, who duly fulfilled the obligations under the contract, has a priority right over other persons to renew the validity period, by agreement of the parties, or in the event of early termination by one of the parties.
5.3. In case of violation by the LESSOR of clause 1. or refusal to rent out the living space after signing this agreement, the LESSOR pays the LESSEE the rent received by him in full and a fine in the amount of: ______ monthly fee.
5.4. In case of early termination of the agreement at the initiative of the LESSOR without violation of the terms of the agreement by the LESSEE, the first one pays the received rent in full, minus the amount for the actual rent of the living space and a fine in the amount of ____________ monthly fee.
5.5. In case of violation by the LESSOR of clause 2.4. The LESSOR pays the LESSEE the rent received by him in full, minus the amount for the actual rent of the living space and a fine in the amount of ________ monthly payment.
5.6. The LESSEE, in case of non-compliance with the terms of this agreement on his part or in case of early termination of the agreement through his fault, pays the LESSOR a fine in the amount of ____________________ monthly fee. In this case, the amount received by the LESSOR as a rent is returned to the LESSEE in full, minus the amount calculated for the actual rent of the premises.
5.7. The Agency does not assume any obligation to resolve disputes between the parties. Disputes under the contract are resolved by the parties through mutual negotiations, and if no agreement is reached in arbitration or people's court where, if necessary, the agency may be invited as a witness.
6. MISCELLANEOUS.
6.1. A telephone number (separate, with a blocker) is installed in the rented premises.
6.2. Issues not reflected in the contract are resolved in accordance with the current legislation of the Russian Federation.
6.3. The LESSOR, if necessary, appoints ________________________________ responsible for the implementation of this agreement.
6.4 Together with the LEASEHOLDER, the following people will live in this room: _________________________________
6.5. Special conditions:
7. DETAILS AND SIGNATURES OF THE PARTIES.
LESSOR Passport series issued __ No. Passport series No. issued registered_ tel. dom./sl. ____________________
LEASEHOLDER Passport series issued __ No. Passport series No. issued registered_ tel. dom./sl. ____________________
The parties are familiar with the rules for the use of residential premises, maintenance of a residential building and adjacent territory in the Russian Federation. The parties have read the agreement and fully agree with its contents.
LESSOR____________________ "_____" ____________________200 LESSEE ____________________ "_____ "____________________200

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

What is a rental agreement

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

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

Between individuals

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

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

Between an individual and a legal entity

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

Why do you need a rental agreement

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

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

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

Legal regulation of the issue

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

How to rent an apartment correctly

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

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

Standard form of an apartment lease agreement between individuals

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

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

When is it better to contact a lawyer?

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

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

What should the document contain?

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

Essential terms of the lease agreement

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

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

Mandatory Sections

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

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

Validity of the lease agreement

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

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

The classification is explained by the following circumstances:

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

Features of registration of rental housing for a long time

Long-term apartment lease agreements have the following features:

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

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

Rights and obligations

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

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

Responsibility of the parties

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

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

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

Early termination of the lease

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

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

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

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

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In accordance with Russian law, citizens of the Russian Federation who own any real estate have the right to rent or rent it. The procedure for drawing up and concluding the relevant agreement depends on which persons are involved in the transaction (individuals or legal entities).

However, the owners of housing often do not consider it necessary to conclude an apartment lease agreement with the other party (the tenant), although this document would allow them to avoid various contradictions, which are often resolved only in court and inevitably arise between the landlord and the tenant.

The most urgent problem that can be solved by concluding a tenancy agreement is the number of people living in rented apartment. Also, when renting an apartment, it is very important to formally determine in advance the actions and responsibilities of the parties in case of various emergencies.

In addition, if you plan to rent an apartment, it is not uncommon for its owner to warn that he can visit you with “checks” at any time. This is a direct violation of your rights as a tenant!

The next important point is unforeseen circumstances that may suddenly arise for one of the parties. Suppose you have agreed with the landlord to rent a dwelling for six months. A couple of months pass, and you suddenly receive a call from the owner of the apartment, demanding to vacate the premises within two days, since his daughter is getting married, and now she will live with her husband at this address. What to do in such a situation? Sign a rental agreement in advance!

The contract of renting an apartment from a legal point of view

A tenancy agreement, which people who are unfamiliar with legal terminology call an apartment lease agreement, is a mutual paid and consensual agreement concluded between the owner of a dwelling or a person authorized by him (landlord) and an individual who wants to receive this dwelling for possession and use for living in it for a fee and for a certain period (hereinafter referred to as the tenant).

The object of such an agreement is an isolated residential area suitable for permanent residence. Such premises include: a residential building, an apartment, part of a residential building or an apartment.

The apartment lease agreement provides for mutual obligations of the parties. Consider the main responsibilities assigned to the landlord of the premises:

For a certain fee, the landlord undertakes to provide the tenant with free living space for possession and use, while the rented premises must be in a habitable condition.
The landlord undertakes to carry out the operation of the residential building where the rented housing is located in accordance with the relevant requirements.
The landlord undertakes to provide the tenant with the necessary utilities.
The landlord undertakes to ensure the repair work of the common property of the house and the devices of the residential premises for the full provision of public services.

As for the second party (employer):

The living space must be used exclusively for living.
The tenant of the premises is obliged to ensure its safety.
The tenant undertakes to maintain the premises in good condition.
Reorganization and reconstruction of the residential premises by the tenant is carried out exclusively with the consent of the landlord.
The tenant undertakes to timely pay the established fee for the use and possession of residential premises.
The tenant undertakes to independently make monthly utility payments, unless the tenancy agreement provides otherwise.

How to draw up a rental agreement for an apartment

Depending on the term, there are two types of contracts: short-term and long-term. A short-term apartment lease agreement is concluded for a period of up to 1 year, and a long-term one - up to 5 years. If the contract does not stipulate the terms of its validity, then the contract is considered concluded for 5 years.

A typical apartment rental agreement, a sample of which is published on the official website of ready-made forms, you can download here:

Long-term rental agreement for residential premises - download.
Short-term rental agreement for residential premises - download.

By mutual agreement of the parties, the terms of the contract may be amended or supplemented.

What you should pay attention to when signing an apartment lease agreement

Before signing an apartment lease agreement, a potential tenant needs to make sure that the owner of the residential premises is legally qualified, that is, the landlord is obliged to submit title documents, according to which the apartment belongs to him. This may be a certificate of ownership of a dwelling, a contract of sale, an exchange agreement, a donation agreement, or a court decision on the ownership of this real estate.

If the residential lease agreement is signed by a representative of one of the parties, then in order to confirm his eligibility, the authorized person must attach a written authorization (power of attorney). It is important that the competence of such a representative includes the right to sign a contract of employment and receive rent.

If the landlord is a person who has not reached the age of majority, then in order to conclude a tenancy agreement, appropriate permission will be required on behalf of the guardianship and guardianship authority.

As a rule, an apartment lease agreement is concluded for no more than 5 years. In accordance with the current legislation, an agreement concluded for a period of more than one year is subject to state registration.

"Insurance deposit will protect against losses"

It should be noted that in many cases the rental of residential premises is not complete without a security deposit or cash deposit. What is it for? This amount is a kind of insurance (compensation) against possible damage caused during the operation of the housing. Also, the expense of the advance amount occurs in case of unforeseen circumstances. For example, the tenant moved out of the rented apartment and obviously did not notify the landlord about this, in which case the owner has the right to take the insurance deposit paid towards the last month of the lease.

The insurance deposit protects the landlord of the premises from material losses, increases the level of responsibility of the parties to the contract and the security of the terms of the transaction. As a rule, the size of the deposit is equal to the amount of the monthly rent, but its value directly depends on certain conditions. Agree, if the “fugitives” leave you huge bills for the phone, then a security deposit in the amount of a monthly rent will obviously not be enough, and finding a tenant who has not paid and bringing him to justice in court will cost you even more.

You must be aware that the size of the security deposit directly depends on the liability that it provides. Therefore, an indication in the tenancy agreement of the procedure for making and returning a deposit is a must!

Who benefits from concluding an apartment lease agreement

Based on the above, we can conclude that a residential rental agreement is beneficial both to the landlord (the owner of the apartment), since the property belongs to him, and the agreement is a guarantor of compensation for damage caused to property, and to the tenant, because the apartment rental agreement ensures the quiet living of the tenant and protection of his rights in case of violation by the landlord of the established requirements.

Registration of an apartment rental agreement

Registration of an apartment lease agreement is a procedure aimed at legitimizing this transaction. It should be noted that registration of a lease agreement is optional if the agreement is executed properly. However, there are certain circumstances that make it necessary to obtain “state approval”. Such cases include:

The lease of the premises is issued for a period of more than a year.
The parties to the agreement are legal entities(or at least one of the parties acts as a legal entity).

Registration of an apartment lease agreement is accompanied by making an appropriate entry in the Unified State Register of Rights, after which the document becomes legally binding. Registration of the contract protects your rights and interests, and also confirms the legitimacy of the transaction.

In order to register a simple apartment lease agreement, one of the parties must submit an appropriate application, attach a receipt for registration payment, two copies of the premises lease agreement (or more, depending on the number of parties to the agreement) and an explication of the premises, which can be order for a fee at the technical inventory bureau.

Registration of such an agreement is desirable if:

You don't trust your tenants too much.
You need to periodically leave the city in which you rent out a dwelling.
You do not have enough time to control the safety of the rented housing.
You want to insure against unpleasant consequences.

As for tenants, the only thing that is required of them is a signature in the contract, but if the tenant refuses to register the document, this is already a reason for the owner of the apartment to think.

It's worth looking out

When concluding a tenancy agreement, be vigilant if:

The cost of living space is much lower than its market value. As a rule, you can find cheap rental housing only “by acquaintance or kinship”, in other cases such an offer is another reason to be wary.

The owner of the premises rushes the process of concluding an agreement and transferring money, while not insisting on a detailed inspection of the apartment. In such a situation, any hasty decision can lead to disastrous consequences for the employer. Having hastily concluded the contract, you miss the opportunity to make claims to the landlord about inappropriate living conditions. The signature in the contract and the transfer of money is the last stage of the transaction. First of all, pay due attention to the condition of gas equipment, electrical wiring, plumbing, door locks, furniture, serviceability of electrical appliances and household appliances, as well as the general condition of the apartment. Additionally, in the contract you can make a list of household appliances and pieces of furniture, their degree of deterioration, condition and functionality.

Certify the certificate of transfer of money with a receipt. Financial calculations are an essential attribute of all rental housing transactions - the transfer of funds from the tenant to the owner of the dwelling. Based on the current legislation, the issuance of receipts is recommended in case of settlements exceeding the amount of 10 minimum wages, however, in practice, a receipt is also desirable for smaller amounts. Agree, defending your interests is much easier and more effective if they were documented, especially since the receipt has legal force, and is also irrefutable evidence of mutual settlements.

The receipt is very simple to draw up and, as a rule, does not require notarization. It is enough for the parties to indicate their passport data, addresses of registration and actual residence, the amount of money and the subject of payment.

Fraudsters are counting on your inattention

The haste and inattention of clients interested in housing plays into the hands of unscrupulous landlords, so spend as much time as possible studying the personal documents of the apartment owner, title documents, according to which the apartment belongs to the owner, the landlord-tenant legal relationship, as well as the rules for financial settlements.

Summarize

The residential lease agreement fully regulates the most important legal relationship between its parties - the tenant and the landlord. The duration of the lease agreement for residential premises affects the formality of its conclusion (short-term or long-term), as well as the need to register with the USRR.

The landlord and the tenant have the right to protect themselves from negative consequences by checking documents, concluding an apartment lease agreement, registering with the USRR, making a security deposit, as well as making financial calculations in writing.

The apartment lease agreement acts in the interests of both parties, establishes mutual responsibility and provides all necessary guarantees.

Sergey Prezhevalsky, rmnt.ru