What does a residential lease agreement provide? The difference between a lease agreement and a rental agreement
Download rental agreement 2019 for residential premises, apartments sample free form
01.03.2019
(apartments, etc.) -a document confirming the provision by the owner of the premises (landlord) to the other party (tenant) of the premises for a certain fee for possession and use with a limited period of time and other conditions. Notarization of a rental agreement is not required and the mandatory notarized form of such an agreement is not provided for by law, however, if desired, the parties have the right to provide for its notarization.
It is worth noting that from a legislative point of view there is a difference between hiring and renting.
The concept of rent was introduced in the Civil Code of Russia in Chapter 34.
The concept of hiring was introduced in the Civil Code of Russia in Chapter 35.
Residential rental agreement (According to Article 671 of the Civil Code of the Russian Federation):
1. Under a residential lease agreement, one party - the owner of the residential premises or a person authorized by him (lessor) - undertakes to provide the other party (tenant) with residential premises for a fee for possession and use for living in it.
2. Legal entities may be provided with residential premises for possession and (or) use on the basis of a lease or other agreement. A legal entity may use residential premises only for the residence of citizens.
That is, as can be seen from the law, the lease agreement concerns only residential premises, and if one party transfers a residential apartment to the other for use for a fee, then a lease agreement is concluded, but if the residential premises are transferred to a legal entity, then a lease agreement is concluded.Ultimately, to determine exactly what type of contract you need to enter into, it is best to consult with a lawyer. Since there are nuances here and, as a rule, these concepts can be confused.
Object of the residential lease agreement(according to Article 673 of the Civil Code of the Russian Federation).
1. The object of a residential lease agreement may be an isolated residential premises suitable for permanent residence (apartment, residential building, part of an apartment or residential building).
The suitability of residential premises for living is determined in the manner prescribed by housing legislation.
2. The tenant of residential premises in an apartment building, along with the use of residential premises, has the right to use the property specified in Article 290 of this Code.
Necessity state registration The rental agreement is defined in Article 674 of the Civil Code of the Russian Federation:
Residential tenancy agreement form ( according to Article 674 of the Civil Code of the Russian Federation).
1. The rental agreement for residential premises is concluded in writing.
2. A restriction (encumbrance) on the right of ownership of residential premises arising on the basis of a lease agreement for such residential premises concluded for a period of at least a year is subject to state registration in the manner established by the law on the registration of rights to real estate and transactions with it.
The forms are approximate and can be adjusted depending on the specific situation and needs.You can choose the form that suits you best.
Download a sample (form) of a lease agreement ( there are also options between individuals (due to the demand for such forms):
The agreement is drawn up in writing in at least two copies. According to general rule the terms of the contract are determined at the discretion of the parties, except in cases where the content of the relevant condition is prescribed by law or other legal acts (Article 421 of the Civil Code of Russia).
The contract usually contains the following:
1. The name of the parties to the agreement is indicated in full: last name, first name, patronymic, date and place of birth, citizenship, gender, name and details of the citizen’s identity document, address of permanent residence or primary residence of an individual.
2. The rental agreement must accurately indicate the address and location on the land plot; purpose of the object; area, including residential area, number of storeys and other necessary parameters that make it possible to unambiguously determine the subject of the contract.
3. The cost of renting residential premises, which is determined by agreement of the parties. The term and procedure for paying money for the use of housing. As a rule, payment of utilities, etc. is negotiated.
4. The rental period is also the term of the contract. If such a period is not specified, then the possibility of terminating the contract after any event or by agreement of the parties is stated.
5. Responsibility. Consequences associated with non-compliance with the agreement by any of the parties.
6. Other points. You can indicate the condition of the home, an inventory of furniture and/or household appliances what is there and in what condition. For equipment, an indication of the brand, serial numbers (if any), condition and performance at the time of the tenant's move-in is required.
7. Other conditions. In addition to the above, if the owner has certain conditions regarding accommodation, for example, keeping animals in the apartment, allowing the tenant’s guests to stay, special conditions regarding the mode of use of any items (for example, not listening to loud music, not smoking) - this is so it is worth noting in the text of the agreement. Any conditions that seem important to the parties regarding the housing itself or its rental would be appropriate to indicate in writing. Timing and number of times per month for the owner to visit the home to check the condition, etc.
Also, together with the rental agreement, the parties can sign an act of leasing (hiring), which contains detailed information about the property, residential premises with all the characteristics and a list of equipment, furniture, etc.
There are also a number of features when renting a room: an indication of a specific room in the living space and the requirement that the room be isolated (it is better to consult a lawyer for more details).
Download also:
Some excerpts from Chapter 35 of the Civil Code of the Russian Federation
Responsibilities of a residential landlord are covered in article 676.
1. The landlord is obliged to hand over to the tenant vacant residential premises in a condition suitable for habitation.
2. The lessor is obliged to carry out proper operation of the residential building in which the rented residential premises are located, to provide or ensure the provision of necessary utilities to the tenant for a fee, to ensure the repair of the common property of the apartment building and devices for providing utilities located in the residential premises.
The employer and the citizens permanently residing with him(With Article 677).
1. Only a citizen can be a tenant under a residential lease agreement.
2. The contract must indicate citizens permanently residing in the residential premises with the tenant. In the absence of such instructions in the contract, the accommodation of these citizens is carried out in accordance with the rules of Article 679 of this Code.
Citizens who permanently live with the tenant have equal rights to use residential premises. The relationship between the employer and such citizens is determined by law.
3. The tenant is responsible to the landlord for the actions of citizens permanently residing with him who violate the terms of the rental agreement.
4. Citizens permanently residing with the tenant may, after notifying the landlord, enter into an agreement with the tenant that all citizens permanently residing in the residential premises are jointly and severally liable with the tenant to the landlord. In this case, such citizens are co-tenants.
Responsibilities of a residential tenant are covered in article 678.
The tenant is obliged to use the residential premises only for living, ensure the safety of the residential premises and maintain it in proper condition.
The tenant does not have the right to carry out reconstruction and reconstruction of residential premises without the consent of the landlord.
The tenant is obliged to pay rent for the premises on time. Unless otherwise specified in the contract, the tenant is obliged to make utility payments independently.
The procedure for moving in citizens permanently residing with the tenant is determined in Article 679.
Temporary residents and their living conditions can be found in Article 680.
You can read about the repair of rented residential premises in Article 681.
Residential fee covered in article 682.
1. The amount of payment for residential premises is established by agreement of the parties in the rental agreement for residential premises. If, in accordance with the law, a maximum amount of payment for residential premises is established, the payment established in the contract should not exceed this amount.
2. Unilateral changes in the amount of payment for residential premises are not allowed, except in cases provided for by law or agreement.
3. Payment for residential premises must be paid by the tenant within the time limits provided for in the rental agreement for residential premises. If the contract does not provide for deadlines, the payment must be paid by the tenant monthly in the manner established by the Housing Code of the Russian Federation.
Term in the rental agreement residential premises are covered in Article 683.
1. A residential lease agreement is concluded for a period not exceeding five years. If the contract does not specify a term, the contract is considered to be concluded for five years.
2. The rules provided for in paragraph 2 of Article 677, Articles 680, 684 - 686, paragraph four of paragraph 2 of Article 687 of this Code are not applied to a rental agreement for residential premises concluded for a period of up to one year (short-term rental), unless otherwise provided by the agreement .
Preemptive right of the tenant to conclude a contract for a new term illuminated in Article 684.
Upon expiration of the residential lease agreement, the tenant has a pre-emptive right to conclude a residential lease agreement for a new term.
No later than three months before the expiration of the residential lease agreement, the landlord must offer the tenant to conclude an agreement on the same or different terms or warn the tenant about the refusal to renew the contract due to the decision not to rent out the residential premises for at least a year. If the landlord has not fulfilled this obligation and the tenant has not refused to extend the contract, the contract is considered extended under the same conditions and for the same period.
When agreeing on the terms of the contract, the tenant does not have the right to demand an increase in the number of persons permanently residing with him under the residential lease agreement.
If the landlord refused to extend the contract due to the decision not to rent out the premises, but within a year from the date of expiration of the contract with the tenant entered into a rental contract for residential premises with another person, the tenant has the right to demand recognition of such an agreement as invalid and (or) compensation for losses caused refusal to renew the contract with him.
The concept of social rental is covered in Article 672 of the Civil Code of the Russian Federation: Agreement for the rental of residential premises in the housing stock for social use.
Sublet residential premises are illuminated in Article 685.
Almost everyone in our country had to conclude. Disputes between the property owner and tenants often arise due to the fact that the parties have not drawn up a written .
Unlike a social tenancy agreement, residential rental agreement is regulated by the civil code of the Russian Federation, and not by the housing code.
In accordance with the provisions of the Civil Code of the Russian Federation, a commercial rental agreement for residential premises is an agreement in which the owner of the residential premises, or its legal manager, on the one hand, provides a citizen with residential premises for use for its intended purpose for a certain fee, for a certain period.
Contract termrental of residential premises
From the definition of a lease agreement for (commercial) residential premises, it follows that this is a fixed-term agreement that is concluded for a period of not more than 5 years. If the contract did not specify the duration of its validity, then the contract is considered to be concluded for five years.
The Civil Code distinguishes short-term housing lease agreement, that is, a rental agreement for residential premises for a period of up to one year. The peculiarity of a short-term housing rental agreement is that this agreement is not subject to the rules on the rights of persons living together with the tenant, on the pre-emptive right to conclude an agreement for a new term, provisions on temporary residents, on replacing the tenant with a person living together with him.
Short residential lease agreement more profitable for the lessor, since under this agreement he is assigned fewer responsibilities, and it is easier to terminate it if the terms of the agreement are not observed.
Parties to the agreement rental of residential premises
The party to the contract renting out housing is called the lessor. The party receiving housing for use is called the tenant.
The lessor can be either an individual or a legal entity. Unlike the lessor, the lessee in this agreement can only be an individual. If the tenant is a legal entity, then the rental relationship is formalized by concluding a lease agreement.
The lessor of a residential lease agreement is the owner of the residential premises, or a person to whom the owner has granted the right to act on his behalf.
Those permanently residing with the employer have equal rights with the employer, however, these persons are not a party to the agreement and do not bear any obligations under this agreement. The party to the contract, the tenant, is responsible for the actions of persons permanently residing with the tenant.
Persons living with the tenant may be present immediately upon conclusion of the contract, or may appear already during the validity period of the contract. In the latter case, certain conditions must be present. Firstly, the consent of the landlord, and secondly, with the consent of all persons living with the tenant, the presence of a sufficient area standard. These rules do not apply when minor family members move in.
Persons permanently residing with the tenant are listed in the rental agreement. If the landlord wants these persons to also bear responsibility under the contract, then they must be indicated in the contract as tenants. Thus, there will be several tenants under a residential lease agreement and they will bear joint and several liability under the agreement. The list of persons permanently residing with the tenant is an essential condition of the rental agreement.
Object of the rental agreement
Only residential, isolated premises, which according to their characteristics are suitable for human habitation, can be rented out under a residential lease agreement. That is, this is a residential building, apartment or some part of them. Such premises must be registered as residential and meet the requirements of construction, fire safety, sanitary and housing standards.
Contract form rental of residential premises
Residential rental agreement must necessarily be in writing. Failure to comply with the written form of the contract does not entail its invalidity, but entails unfavorable consequences for the parties, since in this case the parties are deprived of the right to refer to witness testimony in confirmation of the conclusion of the contract and its terms. The fact of concluding an agreement and the terms of the agreement can be confirmed by other written evidence, but in practice they are very rare.
Contract pricehiring
The price of a residential lease agreement is an essential condition of the agreement. If the landlord is a state or municipal body, then when determining the rent, the landlord is obliged to be guided by the payment amounts established by local governments when renting out housing stock. When determining the contract price, the landlord is an individual guided by prices on the housing market and the housing characteristics of the premises being rented.
Duties of the parties
The main obligation of the landlord in a residential tenancy agreement is to provide for use the residential premises that are the object of the agreement.
In accordance with the provisions of the Civil Code, the landlord is obliged to carry out major repairs of residential premises, if this obligation is not assigned to the tenant under the terms of the contract. If the landlord does not fulfill his obligations to carry out major repairs, the tenant has the right to do it himself and attribute all costs according to the estimate to the landlord.
The tenant is obliged to pay rent on time within the period specified in the contract and pay utility bills if this obligation is assigned to him by the contract.
The tenant is obliged to carry out routine repairs of the residential premises at his own expense, if under the contract this obligation is not assigned to the landlord.
The tenant has the right to sublet housing and move in temporary residents. This right does not apply to short-term rental contracts.
Termination of a residential lease agreement
Housing lease agreement may be terminated by court decision:
- If the tenant does not pay rent for six months. With a short-term rental agreement more than twice.
- If the tenant and the persons living with him use the residential premises for other purposes, damage and destroy them, or violate the rules for using the residential premises.
- If the living space has become unsafe and unfit for habitation.
The court may not evict the tenant from the residential premises, but give him a period of up to 1 year to eliminate violations of the contract. If these violations are not eliminated within the period established by the court, then, upon a repeated application from the lessor, the court will terminate residential lease agreement. However, in this case, the court may defer the execution of the judgment for up to one year.
This once again confirms the opinion that it is more profitable for the landlord to enter into a short-term contract with the tenant.
After termination of the tenancy agreement, the tenant and persons permanently residing with him are subject to eviction.
Drawing up a residential lease agreement
When drawing up a rental agreement for residential premises, it is necessary to stipulate in detail all its conditions, especially the main ones: which residential premises or part of it is transferred for use, its area, technical condition, amenities. What rent, in what order, within what period should the tenant pay. If the residential premises are rented together with furniture, the contract or a separate annex to it lists all the furniture, indicating its value and the procedure for compensation for damage in case of damage.
residential premises Gr. , passport: series, No., issued, residing at: , hereinafter referred to as “ Employer", on the one hand, and gr. , passport: series, No., issued, residing at: , hereinafter referred to as “ Landlord", on the other hand, hereinafter referred to as the "Parties", have entered into this agreement, hereinafter " Agreement”, about the following:1. THE SUBJECT OF THE AGREEMENT
1.1. The Landlord transfers to the Tenant and the persons listed below: residential premises, which are: , located at the address: , consisting of: rooms, total area - sq.m., living area - sq.m., kitchen - sq.m., (hereinafter – “Object”) for temporary paid possession and use for residence.
1.2. Availability of telephone: tel. No.
1.3. The characteristics of the Object at the time of its transfer to the Tenant are indicated in Appendix No. 1 to the Agreement - the Transfer Act, which is an integral part of this Agreement.
1.4. The object belongs to gr. gr. (Full name): legally based on .
1.5. The Lessor transfers the Property with the property specified in Appendix No. 1 to this Agreement.
1.6. The period for hiring the Object is set from "" 2019 to "" 2019.
1.7. The Tenant inspected the “Object” before concluding this Agreement and has no claims to its location, technical specifications and condition.
2. OBLIGATIONS AND RIGHTS OF THE HIREROR
2.1. The lessor undertakes:
2.1.1. Transfer to the Tenant, under a deed of transfer, an object suitable for living, meeting the necessary sanitary and technical requirements usually required for residential premises.
2.1.2. When the Tenant leaves the Property, return the security deposit to him (clause 6.1 of this Agreement) after the Tenant presents to the Landlord paid bills, receipts, in accordance with clause 4.5 of the Agreement and confirmation of the safety of the property leased, minus the corresponding debts of the Tenant for payments and/or compensation property damage.
2.1.3. Notify the Tenant in writing no later than days before the expiration of this Agreement about your intention to renew the Agreement on new terms or refuse to enter into a new agreement, as well as about the upcoming alienation of the Object (exchange, sale, donation, etc.) for three months before alienation.
2.1.4. Be responsible for the shortcomings of the leased Property and the property located in it that impede its use, even if at the time of concluding the Agreement the Lessor was not aware of these shortcomings.
2.1.5. Eliminate the consequences of accidents and damages that occurred through no fault of the Tenant and/or persons living with him, using his own efforts.
2.1.6. Provide the Tenant with the opportunity to reside in the Property within calendar days from the date the Tenant receives from the Landlord a notice of early termination of this Agreement. The notification must be in writing.
2.2. The Lessor has the right to check the condition of the Property and the property located in it once a month at a time previously agreed upon with the Lessee.
2.3. The Lessor guarantees that at the time of signing this Agreement: it disposes of the Property on a legal basis - the document of law specified in clause 1.4 of this Agreement. The object is not leased, not alienated, is not under collateral, is not under arrest, and is not the subject of any dispute; the consent required by law from all owners and/or adult users of the Facility to conclude this Agreement has been obtained.
3. RESPONSIBILITIES AND RIGHTS OF THE HIRERER
3.1. The employer is obliged:
3.1.1. Use the Facility only for personal residence and residence of persons specified in clause 1.1 of the Agreement.
3.1.2. Timely pay the fee for the use of the Facility (hire fee), in the manner agreed with the Landlord, as well as payments in accordance with clause 4.5 of this Agreement and provide paid invoices and receipts for these payments upon the Landlord’s request.
3.1.4. Treat the Lessor's property located in the Property with care.
3.1.5. Eliminate the consequences of accidents that occurred at the Facility due to the fault of the Tenant and/or persons living with him.
3.1.6. Do not violate the rights and interests of the owners of adjacent premises when using the Facility.
3.1.7. Freely admit the Lessor to the Property in accordance with clause 2.2 of this Agreement.
3.1.8. Return to the Lessor the Property, the property located therein, the keys to the Property in the same condition in which they were transferred to the Tenant, taking into account their natural physical wear and tear, upon expiration of the rental period established by this Agreement.
3.1.9. In case of detection of theft, damage to the Lessor's property as a result of fire, flood, illegal actions of third parties, etc., immediately notify the Lessor about this, and in his absence, report this to the relevant competent authorities.
3.1.10. Transfer to the Lessor all documents and postal items, as well as any information relating to it.
3.2. The Tenant has no right, without prior written consent from the Landlord:
3.2.1. Install any equipment in the Facility (strengthening doors, installing alarms, security systems, etc.).
3.2.2. Transfer the Object to third parties, as well as sublease the Object.
3.2.3. Carry out redevelopment and reconstruction of the Facility.
3.2.4. Move into the Facility other persons not specified in clause 1.1 of this Agreement.
4. PAYMENTS AND SETTLEMENT PROCEDURE
4.1. The rental fee for the Object per month is rubles.
4.2. Payment for renting the Object is made: no later than the date of the current month in advance.
4.3. The established fee for hiring the Object is not subject to change during the entire rental period, unless otherwise provided by an additional agreement of the Parties.
4.4. Payment of rent, telephone subscription and utilities, with the exception of those specified in clause 4.5 of the Agreement, is carried out by the Landlord.
4.5. Payment for long-distance and international telephone calls, other paid telephone services, including the Internet, as well as consumed electricity is carried out by the Tenant, according to the tariffs of the relevant organizations.
4.6. If at the time of the Tenant's departure from the Property there are any debts and/or unpaid bills, the obligation to pay for which, in accordance with the Agreement, is assigned to the Tenant, the corresponding amounts of money are subject to withholding by the Landlord from the amount of the security deposit (clause 6.1 of this Agreement).
5. RESPONSIBILITY OF THE PARTIES AND THE PROCEDURE FOR EARLY TERMINATION OF THE AGREEMENT
5.1. Early termination of the Agreement is possible due to its early termination or due to unilateral refusal any of the Parties from its execution on the grounds specified in this Agreement.
5.2. Unilateral refusal to fulfill the Agreement before the expiration of the period specified in clause 1.6 of the Agreement may be made by any Party if the other Party systematically violates the terms of this Agreement.
5.3. Termination of this Agreement by way of unilateral refusal is carried out by sending one of the Parties to the Agreement to the other Party, a corresponding written notice indicating the reason for the refusal, no later than calendar days before the date of termination of the Agreement.
5.3.1. In the event of a unilateral refusal to fulfill the Agreement at the initiative of the Tenant, subject to the Landlord’s compliance with the terms of this Agreement, the return to the Tenant of a portion of the money proportional to the unused rental period can be made by the Landlord only at his voluntary request.
5.3.2. In the event of a unilateral refusal to fulfill the Agreement at the initiative of the Landlord, subject to the Tenant's compliance with the terms of this Agreement, the Landlord returns to the Tenant the portion of the amount paid by the Tenant for the unused rental period and pays a penalty in the amount of the monthly rent for the Object.
5.4. The Tenant bears full financial responsibility for damage caused to the Object and/or the property of the Landlord, for damage caused to the owners of adjacent premises, regardless of whether this damage is the result of intentional actions or the result of negligence of the Tenant and or persons living with him.
5.5. In case of delay in payments under this Agreement, the Tenant shall pay the Landlord a penalty in the amount of % of the amount due for each day of delay.
5.6. Termination or termination of this Agreement does not relieve the Tenant from fulfilling the obligation in accordance with clause 5.5 of this Agreement.
5.7. If during the execution of this Agreement it is revealed that the Lessor has violated clause 2.3 of the Agreement, namely the fact that he has provided false information that prevents or makes it impossible to use the Facility, the Lessor is obliged to pay the Tenant a fine in the amount of the monthly rental rate of the Facility.
5.8. If the Tenant discovers, in the process of executing this Agreement, the Landlord's debt in payments for the Property, which complicates or makes it impossible for the normal use of the Property for living (electricity, gas, etc.) to be used, the Tenant has the right to independently repay the identified debt at the expense of the amount of payment due to the Landlord for hiring the Object.
5.9. The Parties are released from liability for failure to fulfill their obligations under this Agreement if the cause of this was force majeure events and/or factors beyond their control and beyond the control of the Parties, such as: natural disasters, armed conflicts, regulatory acts of authorities state power and public administration, which significantly complicate or make it impossible to fulfill the obligations assumed under the Agreement.
6. SPECIAL CONDITIONS
6.1. At the request of the Landlord, the Tenant undertakes to transfer to him a security deposit to secure payment for long-distance, international telephone calls, other paid communication services, including the Internet, provided to the Landlord's telephone number, other paid services for servicing the Facility, the obligation to pay for which lies with the Tenant, and also to ensure the safety of the property transferred to the Tenant and the property of the owners of adjacent premises. The security deposit is the amount of rubles.
6.2. In order to obtain legal guarantees under this Agreement, the Tenant shall personally verify the authenticity of the documents submitted by the Landlord on the right to the Property and check their contents before signing this Agreement.
6.3. The persons listed in clause 1.1 of this Agreement and living together with the Tenant bear all obligations under this Agreement on an equal basis with the Tenant.
6.4. Inseparable improvements made to the Property by the Tenant without written consent from the Landlord are transferred to the Landlord without reimbursement of their cost.
7. FINAL PROVISIONS
7.1. The parties have read the text of this Agreement and fully agree with it.
7.2. This Agreement comes into force from the moment it is signed by both Parties.
7.3. All changes and additions to this Agreement are valid provided they are in writing and signed by both Parties.
7.4. If disputes arise, the Parties will strive to resolve them through negotiations, and if no agreement is reached, in court.
7.5. On issues not covered by this Agreement, the Parties are guided by the legislation of the Russian Federation.
7.6. This Agreement is drawn up in two copies having equal legal force, one for each Party.
8. DETAILS OF THE PARTIES
Employer
Landlord Registration: Postal address: Passport series: Number: Issued by: By: Telephone:
9. SIGNATURES OF THE PARTIES
Employer_________________
Landlord _________________
In what situations should I use a lease agreement, and in what situations should I use a rental agreement? What are the legal provisions of the parties to these agreements? Do they need to be registered and notarized? About all this and also sample residential lease agreement In this article.
According to the Civil Code of the Russian Federation, lease contract(lease) is a civil contract under which one party (lessor, lessor) undertakes to provide the other party (tenant, tenant) with property for a fee for temporary use.
In what situations should I use a lease agreement, and in what situations should I use a rental agreement?
Chapter 35 of the Civil Code of the Russian Federation is devoted to the residential lease agreement, and the relations of the parties under the lease agreement are regulated by Chapter. 34 Civil Code of the Russian Federation. And there is no need to choose between these two types of contracts, since its type is determined by the object (residential or non-residential premises) and the subject composition of the parties (a legal entity or individual rents the object).
If residential premises are transferred into the possession and (or) use of a legal entity, then the only option provided for by law is to use a lease agreement (clause 2 of article 671, clause 1 of article 677 of the Civil Code of the Russian Federation). A if the apartment is rented to a citizen ( to an individual), then a rental agreement is concluded.
Legal provisions of the parties
In a lease agreement, the rights of the tenant, as a “weak party,” are especially protected by law. The condition for unilateral termination of the contract by the tenant is preliminary warning to the landlord, and the consent of the citizens permanently residing with the tenant. If these conditions are met, the contract is considered terminated regardless of the consent of the lessor.
And at the initiative of the landlord, the rental agreement for residential premises can be terminated without the consent of the tenant only in court, and only on the grounds provided for by law. Such reasons may be:
Failure to pay money more than twice within the period established by the contract;
If the tenant of the residential premises or other citizens for whose actions he is responsible use the residential premises for other purposes;
Or systematically violate the rights and interests of neighbors;
Either the tenant (or other citizens for whose actions he is responsible) destroys or damages the residential premises.
To avoid problems with eviction of unscrupulous tenants and litigation, landlords are recommended to enter into a rental agreement for a period of 1 month, even if you are going to rent out the premises to this tenant for several years. And renew it every month.
This is due to the fact that in order to evict an unscrupulous tenant, at the end of the tenancy agreement, you will only need to change the locks in the presence of a local police officer. However, if the tenant has a valid (not expired) rental agreement under which he can live in your living space, then the district police officer, if the tenant refuses to voluntarily vacate the living space, will only advise you to go to court.
Is it necessary to register the contract?
According to the conclusion of experts from the Legal Consulting Service GARANT, in accordance with paragraph 1 of Art. 164 of the Civil Code of the Russian Federation, transactions with real estate are subject to state registration in the cases and in the manner provided for in Art. 131 of the Civil Code of the Russian Federation and Federal Law of July 21, 1997 N 122-FZ “On state registration of rights to real estate and transactions with it.” None of these regulations contain a requirement for state registration of a residential lease agreement.
A rental agreement for residential premises is an independent type of agreement (Chapter 35 of the Civil Code of the Russian Federation), and not a type of lease agreement (Chapter 34 of the Civil Code of the Russian Federation). Therefore, the norms contained in the legislation on state registration of real estate lease agreements do not apply to residential lease agreements.
Thus, the rental agreement is NOT subject to state registration, regardless of the period for which it is concluded.
If the residential premises are transferred to a legal entity, then a lease agreement must be concluded (clause 2 of Article 671, clause 1 of Article 677 of the Civil Code of the Russian Federation), which is subject to state registration if it is concluded for a year or more.
Do I need to have the contract certified by a notary?
According to Article 674 of the Civil Code of the Russian Federation, a rental agreement for residential premises is concluded in simple written form. Notarization is not required.
Sample contract
RESIDENTIAL PREMISES LEASE AGREEMENT
from ___/_________________20__ city _______________
We, the Undersigned: __________________________________________________________ hereinafter referred to as the “Lender”, on the one hand, and __________________________________________________________ hereinafter referred to as the “Tenant”, on the other hand, have entered into an Agreement as follows.
1. Subject of this agreement
1.1. The “Landlord” undertakes to provide the “Tenant” with residential premises, and the “Tenant” accepts residential premises for temporary use and accommodation for a fee ( apartment, room, room, house. ) located at: ___________________________________________________
1.2. The “tenant” rents out the premises on the basis of ownership.
1.3. Together with the “Tenant” the following will live in the apartment during the rental period: _______________________________________________________________________________________
1.4. The hiring period is set from “__________” ________________ 20__ to “__________” __________________ 20__.
1.5. This agreement may be extended by agreement of the parties.
2. Rights and Obligations of the parties
2.1 “The lessor undertakes:
Provide free access to the Tenant to the premises;
Provide the “Tenant” with his property located in this residential premises for use, in a condition corresponding to its purpose.
Visit the premises no more than once a month, with notification to the “Tenant”; and also has the right to be in the premises without the consent of the “Tenant” to eliminate accidents that occurred in the absence of the “Tenant”, in order to avoid causing damage to the above premises and the premises located in the neighborhood.
2.2. The "Tenant" undertakes:
Pay rent on time and other payments provided for in clause 3.
Use the premises only for the purpose specified in clause 1.1. (for residence purposes). Do not sublease the premises and do not transfer the rights of use to third parties;
If the composition or number of residents changes, notify the Landlord in advance and agree on the changes with him.
When vacating this premises, transfer it and the property located in this premises to the Landlord in a condition no worse than when signed of this Agreement, taking into account its natural wear and tear.
Compensate for material damage caused to property or premises due to one’s own fault or negligence, or the fault or negligence of persons living with it or guests.
Observe fire safety rules, house rules, and do not disturb the peace of neighbors. - Do not change locks (lock cylinders) without the permission of the Landlord.
Allow the “Landlord” to show the premises 10 days before the expected date of vacancy. “The Tenant”, depending on the needs of the “Renter”, but by prior agreement on the time of the show.
Do not have pets without the consent of the Landlord.
Do not make any alterations or re-equipment of the rented premises without the written permission of the Landlord.
3. Payments and settlements
3.1. According to the agreement, the fee for using the premises is
_______ /________________ ______________________________ rubles per month.
3.2. Payment for public utilities by agreement produces ___________________________
3.3. The “tenant” makes payments for the duration of the stay for electricity, water supply, gas supply ( Underline whatever applicable) by electric meter, meter cold water, counter hot water, gas meter (underline as necessary)
3.4. The telephone subscription fee is paid by ______________________
3.5. Payment for long-distance calls is made by the “Tenant”.
3.6. Rent payments are calculated from "_____"_________________ 20___.
3.7. Payments are made by the “Tenant” by prepayment for ______month(s) in advance, in cash rubles, by transferring them to the “Landlord” during a personal meeting of the “Tenant” with the “Landlord” or their representatives;
3.8 Payment is made by the “Tenant” no later than _______(_____________________) day of the month.
3.9. At the time of signing this Agreement, the “Tenant” transferred to the “Landlord” the amount of ____________ (___________________________________________) rubles for the use of the premises, which is payment for ____________ month / deposit (underline as appropriate).
3.10. Electricity meter readings as of the date of signing the contract: ________________ kW
3.11. Cold water meter reading: ____________________
3.12. Hot water meter readings: _______________________
3.13. Gas meter readings: _________________________________
4. Responsibility of the parties
- The “Tenant” confirms that before signing this Agreement he inspected the residential premises he rented and has no complaints about its technical characteristics and sanitary condition. - Early termination of employment and termination of this Agreement by the Landlord is possible in cases of violation by the Tenant of its obligations under this Agreement.
In case of early termination of employment and termination of the Agreement, each party is obliged to notify the other party no later than 10 days before the date of the expected termination of employment. In this case, the fee paid in advance by the “Tenant” is returned by agreement.
The parties mutually checked personal documents and documents confirming the right to dispose of this premises.
- “Landlord” confirms the consent of the persons registered or having the right to dispose of this premises with the terms of this Agreement, and also that this premises has not been sold, not mortgaged, is not the subject of a legal dispute and is not under arrest.
When making a deposit as an initial payment, in the event of the “Tenant’s” refusal to hire and/or lack of payment for the 1st month of rent before “_____”______________201__. inclusive, the deposit transferred to the “Lenter” is not returned, and the contract is considered terminated.
The parties confirm that they are familiar with all the terms of this Agreement, fully agree with them and are personally responsible for their compliance.
All disputes arising in connection with this agreement are resolved through negotiations and in accordance with the legislation of the Russian Federation.
This agreement comes into force from the moment of its signing
This agreement is drawn up in two copies, each of which has equal legal force.
5. List of property
6. Additional terms
__________________________________________________________________________________ __________________________________________________________________________________
7. Signatures of the parties
"RENTER" "TENANT"
Signature:_________________ Signature: _____________________ Tel._____________________ Tel. _________________________________
Resides: __________________________________________
renting an apartment
______________________ "__"__________ 20___
(Name of apartment owner)
hereinafter referred to as the “Lenter”, on the one hand, and____________________
_______________________________________________________________________________,
(full name of the citizen-employer)
hereinafter referred to as the “Tenant”, on the other hand, have entered into this agreement for
below.
1. Subject of the agreement and other general provisions.
1.1. The apartment belongs to (full name)________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
based on (document of law)__________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
1.2. The Landlord transfers to the Tenant and persons permanently residing with him:
1.______________________________________________________________________________
2.______________________________________________________________________________
3.______________________________________________________________________________
a free isolated apartment suitable for permanent residence,
located at:
_______________________________________________________________________________,
consisting of ______ rooms, total area - _______ sq.m, living area - ________
residential use.
Availability of telephone: tel. No. _____________________________________________.
1.3. Citizens permanently residing with the Tenant have equal rights to
use of the premises. Relations between the Employer and such citizens
determined by law.
Responsibility to the Landlord for the actions of citizens permanently residing with
The tenant, in case of violation of the terms of this rental agreement, bears
Employer.
1.4. Other citizens may be moved into the premises with the consent of the Landlord, Tenant
and citizens permanently residing with the Employer, as permanent residents with
Employer. Minor children move in without the consent of the Landlord.
1.5. The employer and citizens permanently residing with him do not have the right to allow
accommodation in the premises for temporary residents (users).
1.6. The shortcomings of the residential premises at the time of transfer are indicated in Appendix No. 1 to
agreement - the Transfer Act, which is an integral part of this agreement.
1.7. The landlord transfers the residential premises with property in accordance with Appendix No. 1.
1.8. The rental period for residential premises is set from “____”___________20__. By
“____”_____________ 20___ (up to 5 years).
1.9. The fee for the premises is _____________________________ (amount) and is paid in
the following deadlines: _______________________________________.
1.10. Unilateral changes in the amount of payment for residential premises are not allowed.
2. Obligations of the parties under this agreement
2.1. The lessor undertakes:
2.1.1. Provide the Tenant with a comfortable residential premises suitable for living,
meeting the sanitary and technical requirements usually required for residential
premises.
2.1.2. Return to the Tenant the deposit for the safety of the property leased during
the Tenant's departure from the residential premises upon presentation of paid bills and
safety of the transferred property.
2.1.3. Warn the Tenant about the impending alienation of the residential premises (less than
sale, donation, etc.) three months before alienation.
2.1.4. Be responsible for the shortcomings of the rented residential premises and
property located in it, preventing its use, even if during
the conclusion of the contract was not aware of these shortcomings.
2.1.5. Eliminate the consequences of accidents and damages that occurred through no fault of the Tenant,
on your own.
2.1.6. Provide the Tenant with the opportunity to live in residential premises for
Calendar days from the date the Tenant receives the notice of
early termination of this agreement. The notice must be issued
in writing.
2.2. The lessor has the right to check the use of the property once a month.
The tenant's condition of the residential premises and property in advance agreed with
Employer time.
2.3. The Landlord has the right to offer the Tenant to enter into an agreement for the same or other
conditions or warn the Tenant about the refusal to renew this agreement in
in connection with the decision not to rent out the premises for at least a year (if the Landlord
failed to fulfill this obligation, and the Tenant did not refuse to extend the contract, the contract
is considered extended under the same conditions and for the same period).
2.4. The Lessor confirms that at the time of signing this agreement:
The residential premises are not under collateral, arrest, or encumbered with anyone’s rights.
or obligations of the Lessor;
The consent of all persons permanently registered in the residential premises was obtained.
2.5. The employer undertakes:
2.5.1. Use the residential premises only for your own residence and residence
persons specified in the contract.
2.5.2. Pay fees for the use of residential premises on time.
premises and maintain it in proper condition.
2.5.4. Treat the property located in the residential premises with care.
2.5.5. Eliminate the consequences of accidents that occurred in residential premises due to the fault of
Employer.
2.5.6. Follow the rules of residence in the house in which the living quarters are located.
2.5.7. Freely allow the Landlord into the residential premises for the purpose of checking it
use in accordance with clause 2.2. actual agreement.
2.5.8. Return the residential premises and property to the Landlord in the same condition as
in which they were leased taking into account natural physical wear and tear.
2.5.9. Before leaving, if you have not yet received your telephone bills, contact
ATS about their amount and leave the Landlord the necessary amount to pay them.
2.5.10. In case of detection of theft, damage caused by fire,
illegal actions of third parties, immediately notify the Lessor about this, and
in its absence, report it to the relevant competent authorities.
2.6. The Tenant has no right, without prior written consent from the Landlord:
2.6.1. Install equipment in a residential area (strengthening doors, installing
alarms and security systems, etc.).
2.6.2. Transfer residential premises to third parties, as well as rent residential premises to
2.6.3. Carry out refurbishment and reconstruction of residential premises.
2.6.4. N has the right to freely use the leased residential premises in
during the entire period of employment together with those specified in clause 1.2. present
agreements between persons.
3. Termination of this agreement
3.1. The employer has the right, with the consent of other citizens permanently residing with him, at any time
time to terminate this agreement with three written notice to the Landlord
3.2. This agreement may be terminated in court upon request.
The lessor in the following cases:
Failure by the Tenant to pay payment more than twice after the expiration date established herein
payment term agreement;
Destruction or damage to the premises by the Tenant or other citizens for actions
which he answers.
3.3. This agreement may be terminated in court at the request of any of
parties to the contract if the premises cease to be suitable for permanent residence, and
also in case of emergency; in other cases provided for by housing
legislation.
3.4. If, after warning the Tenant about the need to eliminate the violation,
The employer or other citizens for whose actions he is responsible continue
use the premises for other purposes or violate the rights and interests of their neighbors,
The lessor has the right to terminate the rental agreement in court.
3.5. In case of termination of the rental agreement in court, the Tenant and others
citizens living in the premises at the time of termination of the contract are subject to
eviction from the premises.
4. Final provisions
4.1. At the request of the Tenant and other citizens permanently residing with him, and with
consent of the Landlord The Tenant in this agreement may be replaced by one of
adult citizens permanently residing with the Employer.
4.2. In the event of the death of the Tenant or his departure from the premises, the contract continues
act on the same terms, and the Employer becomes one of the citizens, permanently
living with the previous Tenant, by mutual agreement between them. If so
agreement is not reached, all citizens permanently residing in the premises become
co-tenants.
4.3. Upon expiration of this agreement, the Tenant has a preferential right to
conclusion of a rental agreement for a premises for a new term.
4.4. This agreement comes into force from the moment of its signing, concluded in ______
copies.
4.5. Addresses and details of the parties:
Lessor: ___________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
Employer:_____________________________________________________________________
passport: series _______________, number _______________________, issued ______________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
Signatures of the parties:
Landlord ___________________ Tenant ___________________
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