Rental agreement for an apartment for utility purposes. Sample apartment rental agreement concluded between individuals

Sample lease agreement for an apartment for an individual is not a complex document that can be compiled using a template/sample.

The rental agreement for residential premises specifies the terms of rental, duration of stay, price and payment procedure, and terms of termination.

An Acceptance and Transfer Certificate is drawn up for the lease agreement; this is the basis for the tenant’s responsibility for the premises (apartment, house, room)

Article updated 07/09/2018

Sample apartment rental agreement for an individual download

But first let me give you some recommendations, because they have experience communicating with tenants and landlords of apartments.

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

Well, we haven’t moved in yet, but we’re already planning to evict.

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

• So, to avoid problems with eviction, the front door must have two locks. Give the keys to one to the tenants and keep them for yourself, hide the second one or say they are lost. It is with the second lock that you can close the apartment in the absence of the tenants if they violate the terms of payment or are careless about the apartment.
• Check the reliability of the water taps and electrical outlets, do not skimp on their repair or even replacement. As you know, a stingy person pays twice.
• Do not enter into an agreement for long term, set a trial period - three months, for example. Include in the lease agreement the possibility of its extension (extension) subject to the fulfillment of agreements.
• Describe in detail all furniture and household appliances with the names of brands and condition at the time of signing the contract
• If possible, immediately take a photo of the apartment and send it to the tenant’s smartphone. Then, if necessary, you will be able to return to these photos.

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

You can get reliable information from Rosreestr.
Public data is available to anyone. State duty - 250 rubles
An extract from the Unified State Register of Real Estate (USRN) can be received by email fairly quickly (from a few minutes - depending on the load on the resource)

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

With an extract from the register, you will be confident in the legality of the lease agreement.
Transfer money for rent by receipt and only to the owner or a legal trustee.

Sample apartment rental agreement with an individual

What points must be taken into account when concluding a contract?

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

Registration of a lease agreement in Rosreestr

The lease agreement can be registered with Rosreestr.

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

Registration period is no more than 10 days.

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

By virtue of Part 1 of Article 51 of the Federal Law of July 13, 2015 N 218-FZ “On State Registration of Real Estate” (hereinafter referred to as Law N 218-FZ), state registration of the lease of real estate is carried out through state registration of a real estate lease agreement.

Not every Russian citizen can afford to purchase a private house or an apartment. And then you have to resort to renting someone else's property.

The housing issue has always been distinguished by a large number of features and nuances, be it or.

Renting living space can have a negative impact on both one and the other party if you do not draw up a legally competent and as complete agreement as possible. Closer attention must be paid to every point without exception.

Having the right contract in hand, you can safely and confidently defend your interests in court or other authorities.

Subject of the agreement

The subject (or object) of the apartment rental agreement is directly living space provided for rent (temporary use).

In this case, it must be indicated the exact address indicating settlement, streets, house numbers, building numbers and apartment numbers. Be sure to write down the number of rooms and total area.

The apartment rental agreement must reflect the presence of furniture and household appliances in the apartment (if any), and their condition. Make it clear that these items are rented along with the apartment. If necessary, this can be recorded separately.

Another important condition of this paragraph is the clarification that the apartment is rented for residential purposes and maintaining the life of the tenant and his family members.

Long-term presence of unauthorized persons in the residential premises will be considered a gross violation of the contract.

Parties to the transaction

The parties to the apartment rental transaction are:

• landlord,
• tenant.

Landlord– the person who owns the leased object (real estate). He provides an apartment for temporary use.

Tenant– a person renting residential space for the purpose of temporary residence alone or together with close relatives (family members).

Essential conditions

Essential conditions are considered to be the most important of them, namely those without which the agreement will have no force and will be considered unconcluded.

Even the simplest apartment rental agreement should detail the following conditions:

1. Subject (object) of the agreement.
2. The procedure and amount of payment for the apartment.

Particular attention should be paid to the description of the subject of the contract. It must be described in such a way that the premises being rented cannot be confused with another.

If the agreement contains only general phrases, it may be considered invalid, which means that in the event of a conflict or some controversial situation, the court will most likely refuse to consider the case due to the invalidity of the agreement.

As for the property transferred for use to the tenant along with the living space, it also subject to detailed description. It is better if the amount of damages is indicated in case of damage to furniture or household appliances.

Another important point - payment for utilities, electricity, gas. It is either carried out by the lessor himself, or it is the responsibility of the tenant.

Grounds for termination

It is advisable for the parties to familiarize themselves with the conditions and possible reasons for terminating the apartment lease agreement and agree upon it before the conclusion. Since early termination of such contractual relations is a very common phenomenon. Moreover this can be initiated by any of the parties.

The most common reasons for termination are:

• expiration of the contract;
• agreement of the parties.

But current legislation also provides for other situations in which the agreement is subject to termination at the will of only one party:

Nuances regarding the text of the document

The lease agreement must be concluded in writing and in the prescribed form. Its text must contain conditions that are essential. Without them, the contract will be considered unconcluded and invalid.

The text must reflect conditions such as warning of early termination, namely, over what period of time this needs to be done. You also need to indicate the size of the possible penalty.

To avoid the need for forced repairs of old, outdated household appliances, it is necessary to describe each device in detail.

To prevent conflicts and controversial situations, the agreement must detail all the rights and obligations of the parties (for example, whether the tenant has the right to have pets).

It is also advisable to foresee and damage compensation procedure– repair or monetary compensation.

Only a correctly and competently executed lease agreement can guarantee the opportunity to defend your interests in any instance.

When concluding such a document, you need to take into account all the nuances in advance and describe all the conditions in as much detail as possible. In many cases, this helps to avoid conflicts between the parties and unexpected financial losses.

How to properly formalize a deal when renting housing?

In the video, the lawyer explains in what form a residential lease agreement should be concluded and how it differs from an apartment rental agreement.

It is also explained why it is necessary to draw up an agreement in writing and why it must be registered with government agencies.

We offer a template for an apartment rental agreement prepared by our specialists. The agreement takes into account all the important points, but is not cluttered with unnecessary “water”. At the bottom of the page you will find links to download DOC and PDF files of the lease agreement.

In addition, we have a service - our specialist will come and draw up a legally competent contract, which will take into account the subtleties that may be related to your specific situation or object, as well as additional conditions. The cost of the service is 4000 rubles.

Apartment rental agreement

We, _________________________________________________________________, hereinafter referred to as Landlord, on the one hand, and _________________________________________________________________, hereinafter referred to as Employer, on the other hand, acting in accordance with the legislation of the Russian Federation, have concluded this agreement as follows:

1. THE SUBJECT OF THE AGREEMENT

1.1. Residential premises, in the form of ______________________, located at the address: St. Petersburg, ___________________________________________________________________________, owned by To the landlord based _________________________________________________________________

transmitted Landlord for temporary use To the employer for a set fee.

2. DURATION OF THE AGREEMENT

2.1. The validity period of this agreement is determined:

from “___” _____________________ 20__ to “___” _____________________ 20__

2.2. If the validity period of the agreement in clause 2.1 is less than 1 year, the agreement may be extended by additional agreement of the parties for a period not exceeding 1 year.

3. PAYMENT PROCEDURE

3.1. Employer pays To the landlord rent in the amount of _________________________________

(______________________________________________________________) rubles.

Payment is made Employer forward monthly, no later than the _____ day of each month.

3.2. Rent is entered Employer in accordance with clause 3.1, in this case Landlord after each calculation he certifies it with his signature Appendix No. 2

4. ADDITIONAL CALCULATIONS

4.1. Payment: utilities: at the expense of _____________________________;

4.2. telephone communication: at the expense of ________________________________;

4.3. electricity: at the expense of ______________________ (current account: day ____________, night ________);

4.4. water supply: at the expense of _______________________ (current account: cold ____________, hot __________);

4.5. Internet: at the expense of _______________________________.

5. COLLATERAL OBLIGATIONS

5.1. Employer contributes To the landlord an amount in the amount of: _________________________________ (________________________________________________________________) rubles as collateral until “__” _____________ 20___.

5.2. Landlord undertakes to return the specified amount upon expiration of this agreement and subject to the Tenant’s compliance with all the conditions of this agreement at the time of release and transfer Employer the above apartment To the landlord.

5.3. The deposit amount can be used to cover damage caused To the landlord due to fault Tenant, non-payment of additional payments in clause 4, which were assigned to Tenant.

Landlord ____________________ Employer _________________________

6. RIGHTS AND OBLIGATIONS OF THE PARTIES

6.1. The employer is obliged:

6.1.1. Before signing this agreement Employer must ensure that the apartment is suitable for habitation.

6.1.2. When concluding a contract, personally check and study the title documents for apartments and identity documents Landlord.

6.1.3. Use this apartment without allowing the sanitary condition, plumbing and other equipment to deteriorate; comply with the rules of the hostel.

6.1.4. Do not produce without written consent Landlord redevelopment, refurbishment of the apartment and any repair work, in case of violation, Employer undertakes to correct the changes at its own expense.

6.1.5. Do not have animals or change the composition of those living in the rented apartment without written consent Landlord.

6.1.6. Eliminate at your own expense damage to the premises, places common use, equipment, property located in the apartment and damage caused to third parties, if these damages occurred due to the fault of Tenant or other persons living with them.

6.1.7. Allowed into the apartment Landlord to check the material and technical condition of the premises by prior agreement with him once a month.

6.1.8. Upon expiration of this agreement, as well as upon its early termination, hand over the rented premises and property in proper condition.

6.2. The lessor is obliged:

6.2.1. Provide documents confirming his rights to this apartment.

6.2.2. In agreement with Employer term, but no later than the beginning of the validity period of this agreement, hand over the keys to him and ensure the real possibility of using the apartment with all the property located in it (according to the inventory).

6.2.3. During the validity period of this agreement, do not sell, exchange, resell, etc., the apartment specified in clause 1.1 to third parties.

6.2.4. Coordinate the rental of the apartment specified in clause 1.1 with all persons entitled to use the above premises and notify them Tenant.

7. RESPONSIBILITY OF THE PARTIES UNDER THE AGREEMENT

7.1. Responsibility for failure to fulfill obligations under this agreement arises in accordance with the agreement and the current legislation of the Russian Federation.

7.2. All disagreements regarding the fulfillment of the terms of this agreement and mutual claims are resolved either through joint settlement or in court at the location Landlord.

7.3. In case of non-fulfillment or improper fulfillment of the terms of this agreement, the guilty party shall compensate the other party for the losses that it incurred. The amount of material losses suffered by one of the parties is determined by joint settlement or in court at the location Landlord.

7.4. Landlord guarantees that all citizens who have rights to this apartment do not object to its rental in accordance with this agreement. Change Landlord Renting an apartment without the consent of all persons who have rights to this living space is, according to the current legislation of the Russian Federation, regarded as fraud and is a criminal offense.

7.5. Landlord guarantees that at the time of concluding this agreement there are no arrears in payment for electricity, international and long-distance telephone calls, telephone subscription fees, rent and other payments for this apartment. In case of debts Landlord undertakes to repay them within three days from the date of conclusion of the agreement.

7.6. Landlord guarantees that prior to the conclusion of this agreement this apartment is not encumbered by other rental (sublease), exchange or purchase and sale agreements; is not in dispute or under prohibition (arrest).

7.7. The parties are not liable in the event of force majeure circumstances.

8. TERMINATION OF THE AGREEMENT

8.1. The contract can be terminated at any time by agreement of the parties.

8.2. Landlord may terminate the contract early with the retention of the security deposit in the following cases:

Not making Employer payment for residential premises upon expiration of the established period within three days;

Contamination of the apartment, destruction or damage to the residential premises and property located in it Employer or other citizens for whose actions he is responsible;

If Employer uses the premises for other purposes or systematically violates the rules of residence.

8.3. In case of unilateral termination of the contract on the initiative of Landlord and upon proper fulfillment of the terms of the contract Employer, Landlord obliged to notify Tenant one month before termination of the contract, and provide To the employer compensation in the amount of expenses incurred Employer for the agent's commission.

8.4. In case of unilateral termination of the contract on the initiative of Tenant, he is obliged to notify Landlord behind __ calendar days until the contract is terminated.

8.5. Employer is obliged to vacate the above premises within 24 hours after the expiration of this agreement or a delay in renting of more than three days.

9. FINAL PROVISIONS

9.1. This agreement is a completed document. Neither party has the right to transfer its rights and obligations under this agreement to third parties without the written consent of the other party. Any changes and additions to this agreement will be valid only if they are made in writing and signed by authorized persons of both parties.

9.2. By signing this agreement, Employer And Landlord confirm that they entered into the agreement of their own free will and accept all its provisions.

9.3. When resolving disputes on issues not covered by this agreement, Employer And Landlord are guided by the current legislation of the Russian Federation.

10. ADDITIONAL TERMS

10.1. The following will live with the tenant:

____________________________________________________________________________________________________________________________________________________________________________

______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Landlord ____________________ Employer _________________________

11. APPENDICES TO THE AGREEMENT

- Appendix No. 1- Certificate of acceptance and transfer of apartment

- Appendix No. 2-Calculation sheet

12. DETAILS OF THE PARTIES

Landlord	Employer
FULL NAME:____________________________________	FULL NAME:___________________________
	Date of birth: ______________________________
Passport: ___________ No. _______________	Passport: _____________ No. _______________
Issued by:_______________________________	Issued by:_________________________________
Registered:_________________ _____________________________________	Registered: __________________ _______________________________________
	Tel._____________________________________________
Landlord _________________________	Employer ___________________________

Witnessed by: _______________ /_______________________/, tel.: ______________________

Appendix No. 1 to the apartment rental agreement

from “______”________________ 20__ g.

ACTacceptance and transfer of apartments and inventory of property

Gr. RF ______________________________________________________________________________,

hereinafter referred to as " Landlord", on the one hand, and __________________________________________________________________________, hereinafter referred to as " Employer", on the other hand, collectively referred to as the "Parties", have signed this Act as follows:

1. In accordance with clause 1.1. and clause 2.1. Apartment rental agreements Landlord transferred for temporary use, and Employer accepted an object in the form: _______________________, with total area, located at: ____________________________________________________ __________________________________________________________________________________.

At the time of signing this Act, the Parties have no claims of a material or other nature to each other. The inspection of the Apartment did not reveal any obvious deficiencies other than those that may be indicated in the attached list: ____________________________________________________________

__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

1. This Act is signed in two copies having equal legal force, one for each of the Parties.
2. An inventory of the property is attached:

	Property	Qty	State

Landlord:_____________________ Employer:___________________

In accordance with Russian legislation, citizens of the Russian Federation who own any real estate have the right to rent or lease 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, owners of living space often do not consider it necessary to conclude an apartment rental agreement with the other party (tenant), although this document would allow them to avoid various contradictions, which are often resolvable only in court and inevitably arise between the landlord and the tenant.

The most pressing problem that can be resolved by concluding a rental agreement is the number of people living in a rented apartment. Also, when renting out an apartment, it is very important to formally determine in advance the actions and responsibilities of the parties in the event of various emergency situations.

In addition, if you are planning to rent an apartment, there are often cases when its owner warns that he will be able to visit you for “checks” at any time. This is a direct violation of your rights as a tenant!

Next important point are unforeseen circumstances that may suddenly arise for one of the parties. Let's assume you have agreed with your landlord to rent a residential property 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? Conclude a rental agreement for the premises in advance!

Apartment rental agreement from a legal point of view

A residential tenancy agreement, which people unfamiliar with legal terminology call an apartment rental agreement, is a mutual compensation and consensual agreement concluded between the owner of the residential premises or a person authorized by him (the lessor) and an individual who wishes to obtain possession and use of this residential premises. to live in it for a fee and for a certain period of time (hereinafter referred to as the tenant).

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

An apartment rental agreement provides for mutual obligations of the parties. Let's consider the main responsibilities assigned to the landlord of residential premises:

1. For a certain fee, the landlord undertakes to provide the tenant with free residential premises for possession and use, and the rented premises must be in a condition suitable for habitation.
2. The lessor undertakes to carry out operation of the residential building where the rented living space is located in accordance with the relevant requirements.
3. The landlord undertakes to provide the tenant with the necessary utilities.
4. The landlord undertakes to ensure that repairs to the common property of the house and residential premises are carried out for the full provision of utilities.

As for the second party (employer):

1. The living space must be used exclusively for living.
2. The tenant of the residential premises is obliged to ensure its safety.
3. The tenant undertakes to maintain the premises in proper condition.
4. Rearrangement and reconstruction of residential premises by the tenant is carried out exclusively with the consent of the landlord.
5. The tenant undertakes to promptly pay the established fee for the use and possession of residential premises.
6. The tenant undertakes to independently make monthly utility payments, unless the residential lease agreement stipulates otherwise.

How to draw up an apartment rental agreement

Depending on the period, there are two types of contracts: short-term and long-term. A short-term apartment rental 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 specify the terms of its validity, the contract is considered to be concluded for 5 years.

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

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

With mutual consent of the parties, changes or additions may be made to the terms of the agreement.

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

Before signing an apartment lease agreement, a potential tenant needs to verify the competence of the owner of the residential premises, that is, the landlord is obliged to provide title documents according to which the apartment belongs to him. This may be a certificate of ownership of residential premises, a purchase and sale agreement, an exchange agreement, a gift agreement, or a court decision on the ownership of this real estate.

If a residential rental agreement is signed by a representative of one of the parties, then to confirm his competence 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 rental agreement and receive rent.

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

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

“A security deposit will protect against losses”

It should be noted that in many cases, renting a residential premises is not complete without security deposit or cash collateral. What is it for? This amount is a unique form of insurance (compensation) against possible damage caused during the operation of the living space. Also, the advance amount is spent in case of unforeseen circumstances. For example, the tenant moved out of the rented apartment and did not knowingly notify the landlord about this, in this case the owner has the right to take the security deposit paid towards the last month of rent.

The security deposit protects the landlord from material losses, helps to increase the level of responsibility of the parties to the contract and the security of the terms of the transaction. As a rule, the deposit is equal to the amount of monthly rent, but its amount directly depends on certain conditions. Agree, if the “fugitives” leave you with huge telephone bills, then a security deposit in the amount of a month’s rent will clearly not be enough, and finding a tenant who has not paid and bringing him to justice in court will cost you even more.

It is necessary to realize that the size of the security deposit directly depends on the liability that it provides. Therefore, specifying in the rental agreement the procedure for making and returning the deposit is mandatory!

Who benefits from concluding an apartment rental agreement?

Based on the above, we can conclude that the rental agreement for residential premises is beneficial both to the landlord (owner of the apartment), since the property belongs to him, and the agreement is a guarantor of compensation for damage caused to the property, and to the tenant, because the apartment rental agreement ensures peaceful living for 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 rental agreement is a procedure aimed at legitimizing this transaction. It should be noted that registration of the lease agreement is not necessary if the agreement is properly executed. However, certain circumstances make it necessary to obtain “state approval”. Such cases include:

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

Registration of an apartment rental agreement is accompanied by making a corresponding entry in the Unified State Register of Rights, after which the document acquires legal force. Registration of the agreement protects your rights and interests, and also confirms the legitimacy of the transaction.

In order to register a simple apartment rental agreement, one of the parties must submit a corresponding application, attach to it a receipt for registration payment, two copies of the premises rental 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 from the technical inventory bureau.

Registration of such an agreement is desirable if:

1. You don't trust your tenants too much.
2. You need to periodically leave the city in which you rent out your premises.
3. You don’t have enough time to monitor the safety of your rental property.
4. You want to protect yourself from unpleasant consequences.

As for tenants, the only thing that is required from them is a signature on the agreement, but if the tenant refuses to register the document, this is already a reason for the apartment owner to think about it.

Worth being wary

When concluding a rental agreement for residential premises, 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 “through an acquaintance or relationship”; in other cases, such an offer is another reason to be wary.

The owner of the residential premises rushes the process of concluding an agreement and transferring money, without insisting on a detailed inspection of the apartment. In such a situation, any hasty decision can lead to disastrous consequences for the employer. By hastily concluding an agreement, you miss the opportunity to file a claim with the property owner regarding inappropriate living conditions. Signing the contract and transferring 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 furniture, their degree of wear, condition and functionality.

Certify the certificate of transfer of money using a receipt. Financial settlements are an integral part of all rental transactions - transfer Money from the tenant to the owner of the residential premises. Based on current legislation, issuing receipts is recommended in case of settlements exceeding 10 minimum wages, however, in practice, the presence of receipts is also desirable for smaller amounts. Agree, it is much easier and more effective to defend your interests if they have been 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 details, registration and actual residence addresses, the amount of money and the subject of payment.

Fraudsters are counting on your carelessness

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, the title documents according to which the apartment belongs to the owner, the legal relationship “landlord-tenant,” as well as the rules for making financial payments.

Summarize

The rental agreement for residential premises fully regulates the most important legal relations between its parties - the tenant and the landlord. The length of the residential lease agreement affects the formality of its conclusion (short-term or long-term), as well as the need for registration in the Unified State Register.

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

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

Sergey Prezhevalsky, rmnt.ru

It's no secret that any legal relationship, with or without financial basis, it is important to support it with official documents. for any purpose is no exception, so drawing up an agreement when organizing it is simply necessary.

Many people underestimate the importance of this document, and it, in turn, can be a full guarantee of the protection of the legal rights and interests of both the tenant and the landlord. In today’s material, our resource decided to consider a rental agreement, covering in as much detail as possible the basic principles and nuances of its execution.

Rental agreement: guarantee of fulfillment of the terms of the agreement

Renting or renting housing is a type of legal relationship in which one party, called the landlord, undertakes to transfer to the other party, called the tenant or tenant, some residential premises for use for a certain temporary period.

This type of social relations is always supported by some agreements, sometimes represented verbally, but much more often - by an officially formalized contract. At its core, rental housing can be represented by:

1. commercial agreement, that is, housing is rented on a fee basis (for a certain fee, not necessarily monetary);
2. a social or gift agreement, which differs in that the residential premises are transferred to the tenant completely free of charge.

Today, the legislation of the Russian Federation allows all personal units of the jurisprudence of our country to act as a tenant of housing. These fully include:

• individuals (citizens and);
• legal entities (organizations);
• municipality and highest government bodies acting in the interests of the state.

In general, the parties to a rental agreement are the direct owner of the premises or a person working on his behalf, and citizens or a group of them taking temporary possession of the premises.

Regardless of the legal status, in a transaction each party undertakes to fulfill officially supported agreements. As practice shows, when controversial issues An oral agreement almost always excludes the possibility of resolving the problem, but a formalized agreement often allows for the interests of the parties to the transaction in accordance with the law. That is why concluding a rental agreement is very important when carrying out such a procedure.

Nuances of the hiring procedure

A rental agreement can only be signed with the consent of all owners of the property.

Having resorted to the procedure for renting or renting out housing, both parties to the transaction must know its nuances, which are enshrined in the legislation of the Russian Federation. For the convenience of our readers, we present a basic list of provisions that you need to know when renting a home:

• Renting out housing is possible only when all official owners of the premises agree to this. Otherwise, the lease transaction may be declared invalid, which will entail some problems for all parties.
• The actual rental of housing must be carried out with the participation of one of its owners or with the presence of an official representative thereof.
• The object of rental, in any form, should be exclusively housing that is located in a separate building from nearby ones. That is, the landlord has the right to rent out only a full room, apartment or house, but, for example, not part of a room.
• The rental period is determined by the parties to the transaction and is indicated in the relevant agreement; if there is no such clause in the agreement, then its validity period becomes equal to 5 years.
• In case of commercial rental of housing, the size and means are stipulated by the parties in the same agreement. It is important to note that neither party to the transaction has the right to change this clause of the agreement unilaterally.
• If, after concluding a rental agreement, the ownership right of its owner is transferred to another person, then the agreement does not lose force and is valid until its completion.
• On their own initiative, both parties to the transaction can do so, both judicially and peacefully. The most significant reasons for terminating an agreement are failure of one of the parties to the transaction to comply with the terms of the agreement or the norms of current legislation.

Otherwise, the housing rental procedure has no special features, so it definitely shouldn’t cause any difficulties.

Principles of contract execution

The rental agreement is legally binding

A rental agreement is a document that officially establishes the procedure for this type of legal relationship. At its core, such an agreement does not require mandatory notarization and can be drawn up in simple written form.

The main thing when drawing it up is to adhere to the basic legal norms in force on the territory of the Russian Federation. The latter include:

1. correctness of the general content of the contract;
2. literacy of its composition;
3. complete exclusion of the use of obscene language and insults in the text of the agreement.

If it is necessary to clarify the legislative aspects of drawing up such an agreement, it is necessary to refer to several legal acts at once. The main ones are the following:

• Civil Code of the Russian Federation - considers the general procedure for hiring and concluding contracts;
• Housing Code of the Russian Federation - defines the basic principles for renting residential premises under different conditions;
• Federal laws of the Russian Federation more subtly regulate some of the nuances of hiring.

It is important to note that the rental agreement does not have a legally established form, so it is always drawn up in a free format. Despite this, in the legal sphere of our country a standard form of this document has already developed, which necessarily contains the following information:

1. contact and personal information of the parties to the transaction: the landlord and the tenant (full name, residential address, telephone, etc.);
   duration of the agreement (date of entry into force and expiration date);
2. information about housing for rent ( technical specifications, address, location, etc.);
3. references to documents used when concluding an agreement (title papers for rental housing, technical documentation, etc.);
4. rental cost and procedure for transferring funds (if necessary);
5. other information about the rights/obligations of the parties and the terms of this agreement;
6. date of preparation and signature of the parties.

It is worth understanding that it is possible to draw up a rental agreement as competently as possible only with the direct participation of a professional lawyer in this process. Otherwise, there is always a risk that some aspects or nuances of document preparation will be missed.

Do not forget, this is a document containing all the conditions for renting housing and the rights/responsibilities of the parties to the transaction, therefore its provisions must satisfy the desires and interests of both the landlord and the tenant, otherwise it is undesirable to enter into an agreement.

To better understand the essence of the rental agreement, we suggest that you familiarize yourself with the following sample:

Responsibilities and rights of the parties to the transaction

A rental agreement will protect you from scammers!

Summarizing today's material, it would not be amiss to consider the main responsibilities and rights that are vested in the parties to a transaction for the rental of residential premises. It is important to understand that it is important to comply with them, because they are determined by both the rental agreement and the legislation of the Russian Federation, and violation of both regulators of legal relations is unacceptable.

Let's start with the rights and obligations of the landlord. The list of these is as follows:

1. the obligation to transfer the subject of the contract for temporary possession to the tenant;
2. the obligation to carry out appropriate operation of the housing, of which the rented premises are part;
3. the obligation to promptly organize the rented premises, unless another procedure is specified in the contract;
4. the obligation to provide the tenant with a basic list of utilities for an additional fee;
5. the right to early termination of the contract if there is a violation on the part of the tenant of the provisions of the rental agreement or the current legislation of the Russian Federation.

The responsibilities and rights of a tenant are as follows:

• use the received housing only for living;
• keep the received premises in a safe condition and suitable for use until the expiration of the contract;
• pay the rent agreed upon in the contract on time and in full;
• carry out routine repairs of the received premises, unless another procedure is specified in the contract;
• the right to move people into the housing received, sublease it and carry out reconstruction, but only with the consent of the landlord.

The remaining legal and obligatory conditions are stipulated directly in the concluded agreement and must also be observed by all parties after its conclusion.

As you can see, the essence and general principles of renting housing, as well as drawing up the corresponding agreement, are quite simple to understand. The main thing in the process of analyzing the procedure is to refer to the legislation of the Russian Federation and the material presented above. We hope today's article answered your questions. Good luck with your contracts!

Expert lawyer's opinion:

The Civil Code of the Russian Federation devotes an entire chapter to the rental agreement for residential premises (Chapter 35). The essential terms of the contract are the subject of the contract. It is a separate residential premises suitable for living. There are also mandatory additional conditions provided by law. They are listed in the above-mentioned chapter of the Civil Code. These are the responsibilities of the parties for maintaining the premises, paying the cost of living, the duration of the contract and living conditions.

The contract may also contain other conditions that the parties have agreed upon. Failure to comply with these conditions leads to the recognition of such an agreement as not concluded. A written form of the agreement is required. The article draws the attention of readers to the need to conclude an agreement for rental housing in order to avoid troubles. This is especially important for families.

When looking for housing rental options, you need to pay attention to the status of the person who will appear in the contract as the owner of the residential premises. It must be the owner or a person authorized by the owner. The reliability of such information can be checked in the corresponding register on the Internet.

During the rental period, a conscientious landlord will always offer to issue temporary registration at the place of stay. This must be used to legitimize your presence in a residential area. The final document when completing the transaction is the signing by both parties of the Acceptance and Transfer Certificate of Housing. It is this document that confirms the fact of legal occupancy of the premises.

And one more recommendation. In 2018, at the initiative of the Government, it is planned to adopt a bill providing a tax deduction for those citizens who rent housing. Reliable documents will be required to apply for benefits.

How to avoid becoming a victim of scammers when renting a home? How to minimize risks when renting an apartment? The lawyer will answer these and other questions: