Where to draw up a rental agreement. Everything about where to get a social tenancy agreement for residential premises and related documents

In connection with the latest innovations in the IMC Sakharovo (), it would not be amiss to discuss this very agreement.

If you don’t want to discuss, but want to immediately download the form, go to the end of the article.

As stated on the MMC website:Pre-registration for submitting documents to obtain a temporary residence permit is carried out upon presentation of an identity document and a document confirming the right of a foreign citizen to use residential premises located in the city of Moscow.

A document confirming the right of a foreign citizen to use residential premises, in accordance with Art. 15 of the Federal Law of July 18, 2006 No. 109-FZ “On migration registration of foreign citizens and stateless persons in the Russian Federation”, Part 2 of Art. 30, Art. 76, 77 Housing Code of the Russian Federation, Art. 671, 685 of the Civil Code of the Russian Federation is:

For the owner of the residential premises:

Certificate of state registration of ownership of residential premises (part of the premises, shares).
Extract from the Unified State Register of Real Estate.
A purchase and sale agreement or a gift agreement concluded before March 1, 2013 and registered with Rosreestr.

For the residential user:

Lease/sublease agreement (lease/sublease) of residential premises.
Agreement for gratuitous use (loan) of residential premises.

Those who do not have their own apartment bring an agreement confirming their right to live in someone else’s apartment. The contract can be “compensated” or “gratuitous”. The difference is that in the “compensation agreement” (officially it is called rental agreement) money appears, the owner of the apartment who rents it out is obliged to pay tax on this money. And in free use agreement money does not appear, it is understood that the owner lets the person live in his apartment for free.

*This agreement is often used to avoid paying taxes (payment is agreed upon orally and is not specified in the agreement). According to the law, this cannot be done.

Tenancy agreement and rental agreement

Popularly, a tenancy agreement is often called a lease agreement. But in fact, if housing is rented to a citizen ( to an individual ), then it is namely the rental agreement living space. In such an agreement, the owner renting out housing is called a landlord, and the citizen renting housing is called a tenant (Clause 1, Article 671 of the Civil Code of the Russian Federation). But if he wants to rent a house entity (organization) is lease contract. The organization will not be able to obtain residential premises for temporary possession and (or) use under a lease agreement. (Clause 2 of Article 671 of the Civil Code of the Russian Federation).

In the lease agreement, the parties are referred to as the lessor and the lessee, respectively (Article 606 of the Civil Code of the Russian Federation). Please note that the tenant organization can only use the housing for citizens. For example, an organization can rent an apartment for a nonresident employee to live in.

Form and state registration of the agreement

Both for a rental agreement for residential premises and for a rental agreement, a written form is required (clause 1 of Article 609, clause 1 of Article 674 of the Civil Code of the Russian Federation).

Wherein lease agreements housing contracts concluded for a period of one year or more must be registered (clause 2 of article 609 of the Civil Code of the Russian Federation).

State registration requirement rental agreement is not established by law, but a restriction (encumbrance) of the right of ownership of residential premises arising on the basis of a lease agreement concluded for a period of at least a year is subject to registration. That is why employment contracts are most often concluded for 11 months.

An application for registration of a restriction (encumbrance) of property rights is submitted to the body carrying out state registration of rights (Rosreestr) no later than a month from the date of conclusion of the agreement (clause 2 of article 674 of the Civil Code of the Russian Federation; article 51 of the Law of July 13, 2015 N 218 -FZ)

For failure to comply with the established procedure for registering a lease agreement, administrative liability is provided in the form of a fine in the amount of 1,500 rubles. up to 2,000 rub.

For failure to comply with the deadline for filing an application for state registration of a restriction (encumbrance) of ownership of residential premises arising on the basis of a residential lease agreement concluded for a period of at least a year, administrative liability is provided in the form of a fine in the amount of 5,000 rubles. (Part 1, 2 of Article 19.21 of the Code of Administrative Offenses of the Russian Federation).

Contract term

Lease agreement residential premises is concluded for a period not exceeding five years. If the rental agreement does not specify a period, the agreement is considered to be concluded for five years (Article 683 of the Civil Code of the Russian Federation). MMC requires that the contract be concluded for a period of at least three years .

Lease contract is concluded for the period specified in the contract. If the lease term is not specified in the agreement, it is considered to be concluded for an indefinite period. In this case, each of the parties has the right to cancel the contract at any time, notifying the other party three months in advance. The term of the residential lease agreement is not limited (Article 610 of the Civil Code of the Russian Federation).

What must be specified in the contract in order for it to be accepted by the IMC

An agreement confirming a foreign citizen’s right to use residential premises must indicate:

parties to the contract,
subject (area and address of the residential premises, allowing to identify the object),
place and date of conclusion of the contract.

Loan agreement (free use agreement)

Agreement for free use of residential premises or free hiring sometimes erroneously called a free rental agreement.

According to Art. 689 of the Civil Code of the Russian Federation, under an agreement for gratuitous use (loan agreement), the lender undertakes to provide the borrower with an item for free temporary use, and the borrower undertakes to return it in the same condition in which he received it.

A contract for the free use of residential premises must contain:

The subject of the agreement is an apartment.
Free housing provided.
Parties to the contract.
Rights and obligations of the parties.
Responsibility of the parties.
Conditions for termination of the contract.
Date and place of conclusion of the contract.
Signatures of the parties.

The contract must be concluded for the duration of the temporary residence permit. In accordance with Art. 6 of the Federal Law of July 25, 2002 No. 115-FZ “On the legal status of foreign citizens in the Russian Federation”, the validity period of a temporary residence permit is three years.

An agreement for free use cannot be registered in Rosreestr, but you can make a record of its “existence” in the Unified State Register of Real Estate. In this case, the record of restriction (encumbrance) indicates the type of registered restriction of the right and encumbrance of real estate - “free use”.

6.14. Peculiarities of making entries in the Unified State Register of State Registration of a gratuitous use agreement (loan)
152. Upon state registration of a gratuitous use agreement (loan), the following are entered in the register of rights to real estate:
Record of the transaction - state registration of the agreement for gratuitous use (loan);
Record of restriction (encumbrance) - state registration of gratuitous use (loan).
153. The entry on the restriction (encumbrance) additionally indicates:
Type of restriction (encumbrance): the words “gratuitous use (loan)”;
Subject of gratuitous use (loan): data on the property transferred under an agreement for gratuitous use (loan) or part thereof, indicating the registration number of such part; if the property is transferred for free use in its entirety, then the words “Entire object” are indicated;
Duration: start and end dates of free use or start date of free use and its duration; if the period of free use is not defined, instead of the duration the words “Term is not defined” are written. (don't forget about the "3 years" requirement)

IT'S BETTER TO CONTACT THE MFC!

OPEN USE TASK BANK BLOCK "LAW" 311 TASKS Peculiarities of administrative jurisdiction 11 An administrative offense is 1) disrupting a physics lesson 2) skipping a test in mathematics 3) making a false call about a bomb planted at school 4) drinking alcohol in a park 23 Administrative punishment will follow for 1) proven receipt of a bribe by an official 2) violation of traffic rules 3) theft of an expensive sheepskin coat in a school locker room 4) visiting a doctor during school hours 33 A type of administrative offense is 1) being late for work without good reason 2) violating travel and transportation rules luggage in public transport 3) unintentional infliction of grievous bodily harm 4) hijacking of a Russian aircraft 46 Find examples of administrative offenses in the list below. Write down the numbers under which they are indicated. 1) Citizen M. ruined the anthill. 2) Fifteen-year-old teenager R. stole a package of chewing gum in a supermarket. 3) Having failed to reach an agreement on the payment of alimony, citizen S. and citizen L. went to court. 4) Citizen Yu. terminated the apartment rental agreement. 5) Celebrating the victory of the football team, fourteen-year-old teenagers broke into the supermarket, smashed windows and took away large quantities of alcohol. 6) A citizen who knew about the impending terrorist act did not report it to law enforcement agencies. 58 Administrative offenses that cause harm to the environment include 1) littering forests with household waste 2) illegal sale of forests abroad 3) damage to an architectural monument 4) drinking alcohol in transport 616 When going home after a picnic, the young people did not put out the fire. A fire broke out and destroyed several hectares of forest. What law determines liability for this offense? 1) administrative 2) civil 3) criminal 4) state 719 An administrative offense is 1) failure to show up for work by a construction team 2) strike of air traffic controllers 3) drinking alcohol in the institute building 4) taking hostages in the theater building 823 Violation of fire safety rules in forests includes to offenses 1) civil 2) administrative 3) financial 4) disciplinary 926 Which of the following situations is an example of an administrative legal relationship? 1) Citizen M. traveled on a commuter bus without a ticket. 2) Citizen K. discovered a treasure in his garden plot. 3) Citizen L. quit his job of his own free will. 4) Citizen A. rented out her apartment. 1028 Read the text below, in which a number of words are missing. Select from the list provided the words that need to be inserted in place of the gaps. "Administrative... (1) represents one of the most complex branches of Russian legislation. This is due to the breadth and depth of relations that are regulated by it... (2). Administrative law provides legal... (3) rights and freedoms both physical, and legal entities. It is necessary both from actions and from... (4) administrative bodies. Public administrative power is exercised by executive authorities and municipal bodies. In the subject of administrative law of Russia, three groups of public... (5), arising during the implementation of regulatory, protective activities of the administration and administrative proceedings. All activities of the public administration are aimed at the implementation of laws, international... (6) and acts of justice." The words in the list are given in the nominative case. Each word (phrase) can be used only once. Choose one word after another, mentally filling in each gap. Please note that there are more words in the list than you will need to fill in the blanks. 1) right 2) norm 3) law 4) contract 5) legal proceedings 6) inaction 7) relationships 8) crime 9) defense 11-1431 1. An administrative offense is an unlawful, guilty action (inaction) of an individual or legal entity, for which this The Code or laws of the constituent entities of the Russian Federation on administrative offenses establish administrative liability... Article 2.2 1. An administrative offense is recognized as committed intentionally if the person who committed it was aware of the unlawful nature of his action (inaction), foresaw its harmful consequences and desired the occurrence of such consequences or consciously tolerated them or treated them with indifference. 2. An administrative offense is recognized as committed due to negligence if the person who committed it foresaw the possibility of harmful consequences of his action (inaction), but without sufficient grounds, he arrogantly counted on preventing such consequences or did not foresee the possibility of such consequences, although he should have could have foreseen them. Article 2.3 1. A person who has reached the age of sixteen at the time of committing an administrative offense is subject to administrative liability. 2. Taking into account the specific circumstances of the case and data about the person who committed an administrative offense between the ages of sixteen and eighteen years, the commission on affairs of minors and the protection of their rights, this person may be released from administrative liability with the application to him of a measure of influence provided for by the federal legislation on protection of the rights of minors. Article 2.7 It is not an administrative offense if a person causes harm to legally protected interests in a state of extreme necessity, that is, to eliminate a danger that directly threatens the personality and rights of a given person or other persons, as well as the legally protected interests of society or the state, if this danger could not be eliminated by other means and if the harm caused is less significant than the harm prevented. Article 2.8 An individual who, at the time of committing illegal actions (inaction) was in a state of insanity, that is, could not realize the actual nature and illegality of his actions (inaction) or manage them due to a chronic mental disorder, temporary mental disorder, dementia, is not subject to administrative liability. or other painful mental state. Article 2.9 If the administrative offense committed is insignificant, the judge, body, official authorized to resolve the case of an administrative offense may release the person who committed the administrative offense from administrative liability and limit himself to an oral remark. Extract from the Code of the Russian Federation on Administrative Offenses (CAO) Name three signs of an administrative offense. Based on social science knowledge, name the three main signs of legal liability and explain how these signs are specified in the Code of Administrative Offenses. The Code of Administrative Offenses provides for circumstances under which a person who has committed an unlawful act (inaction) is not subject to administrative liability or may be released from it. Name three such circumstances. What two forms of guilt are established in the Code? Illustrate each form with an example.

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To avoid being left with things on the street

Each of us signed an apartment rental agreement once in our lives. But did anyone check the documents for the apartment before signing?

Olga Efimova

How to understand that this is not a scammer who rents out five other people’s apartments a day; how to rent housing from a married couple and not become a victim of their family quarrels; How not to trust a fake representative of the owner - let's see what documents you need to ask from the owner of the apartment and what to pay special attention to.

What is the difference between renting and renting?

In everyday life, we hear the incorrect use of legal terms: realtors often talk about an “apartment rental agreement,” meaning the agreement that an ordinary person enters into to rent a home. A lease agreement and a rental agreement are different contracts, and the law governs them differently.

The main difference between hiring and renting is the purpose of using the premises and the tenant. The term “hire” applies only to residential premises if the tenant is a person and not a legal entity. Renting is the use of non-residential premises and buildings by anyone or residential premises by a legal entity.

Different purposes for using premises lead to different regulations by law: the rights of the citizen-tenant are more protected. You must sign a rental agreement for the apartment in which you will live.

There are more mandatory requirements for residential premises under a rental agreement: it must be isolated and suitable for living. Any premises can be leased if it suits the tenant and is suitable for his purposes. A dilapidated factory workshop can be rented out for photography, but cannot become the subject of a rental agreement.

Another important difference: the law gives the tenant the right to terminate the contract by simply notifying the landlord 3 months in advance, even if they forgot to stipulate this right in the contract itself. And the tenant of non-residential premises can terminate the lease agreement only through the court, if he did not provide for the right to extrajudicial procedure in the agreement.

What could go wrong

If a person signs an agreement, accepts money and gives the tenant the keys, this does not mean that the tenant has the right to live in this apartment. If you do not check the documents, interesting problems may arise:

The apartment actually belongs to other people, who suddenly come to evict the tenant. These could be current residents, spouses or parents. The contract will be invalid because the tenant entered into it with someone who did not have rights to this apartment.

The apartment will be the subject of protracted litigation, and, when it ends, the legal owners will evict the tenants. Or not when it ends, but just like that.

The hosts will not return the security deposit upon departure. on the basis that the employer allegedly damaged their antique chandelier. There was no chandelier in the apartment, but this cannot be proven in court.

The apartment was rented out by the husband, who does not have the right to do so, because the apartment was purchased during marriage. The contract will be invalid: only both spouses can dispose of housing purchased during marriage, unless they have another legally formalized agreement in this regard.

A rental agreement signed by a representative will be invalid if because the power of attorney has long expired or because the representative has the right to show the apartment, but not to sign the contract.

What documents to check with the landlord

If the apartment has one owner

Then the agreement will be signed personally by the owner or his authorized representative. First of all, ask to see a certificate of state registration of ownership.

It happens that the data from the certificate does not match the passport. For example, the owner of the apartment lost his old passport, but did not include the new one in the certificate. Or the owner got married, changed her last name, but never got to Rosreestr to update the certificate.

Information about old passports issued is on the last page of the current passport - check the certificate data against it. If this data is not available, then there may be a person in front of you without ownership of this apartment. Beware.

Important

If you want to rent an apartment purchased before July 15, 2016, you still need to apply for this certificate. If the apartment was purchased between July 15 and December 31, 2016, then there will be no certificate, only an extract from the Unified State Register.

On January 1, 2017, the Unified State Register of Real Estate and the Real Estate Cadastre were combined into the Unified State Register of Real Estate - Unified State Register of Real Estate - Unified State Register of Real Estate. Therefore, for apartments purchased from January 1, 2017, the owners must request an extract from the Unified State Register of Real Estate.

If the apartment has several owners

If the apartment has three equal co-owners, then it will be written here: “⅓ (one third) share in the right of ownership,” and on the back of the certificate the remaining owners and their shares in the right are listed. Shares may also be unequal: for example, ¾ for one owner and ¼ for another

If the apartment has three equal co-owners, then it will be written here: “⅓ (one third) share in the right of ownership,” and on the back of the certificate the remaining owners and their shares in the right are listed. The shares may also be unequal: for example, ¾ for one owner and ¼ for another:

To conclude a rental agreement for such an apartment, the consent of all owners is required: the agreement is signed either by all at once, or by one of the owners with a power of attorney from the others. But this does not negate the fact that all evidence must be requested and carefully checked. And remember that the more owners a home has, the greater the risk that one of them can evict you at any time.

If the apartment has a mortgage

A mortgage is a pledge of real estate, that is, until the loan taken is fully repaid, the apartment is pledged to the bank. This is an additional risk: if the owner cannot pay off the loan on time, the bank can take the apartment and evict everyone who lives in it.

All encumbrances, including mortgages, are listed in the column “Restrictions (encumbrances) of rights.” Here you will see both the term of the mortgage and the name of the bank to which the apartment is pledged:

Ask the owner how much of the loan he has to pay: it may turn out that this is your rent for the apartment. Then the more regularly you pay, the less you can worry that the owner will not be able to pay the bank, and the apartment will be dragged into court proceedings over the loan.

If the apartment belongs to spouses

Housing purchased during marriage is the joint property of both spouses, even if one of them is listed on the certificate. This means that the apartment has two owners and the agreement must be signed by both spouses. Either one of the spouses must give consent to the transaction - such consent is signed by a notary.

A rare but possible case: spouses may have a prenuptial agreement that abolishes the legal regime of marital property and clearly states that one apartment belongs to the husband and the other to the wife.

Spouses can quarrel at any time (especially young ones). In order not to depend on their relationship, secure yourself in the contract:

If the spouses have a prenuptial agreement, write about this in the apartment contract.
Write down that the spouses must warn you about important changes in their relationship: that they have decided to enter into a marriage contract or terminate an existing one; that they are making changes to the marriage contract that may affect your contract with them.
And provide for the liability of the spouses in case they do not warn you about all of the above. For example, a fine equal to a month's rent for the fact that they signed a prenuptial agreement and did not tell you.

To find out if your secretive husband is trying to rent you a family home, check the date of the marriage stamp and the date of the “founding documents”. If the marriage was concluded before receiving the apartment, then it belongs jointly to the spouses and the husband cannot dispose of it without the consent of the wife:

If the contract is signed by a representative

This happens if the owner of the apartment lives in another city, went on a trip around the world, was hospitalized for a long time, owns a large business, or for some other reason cannot personally sign an agreement with you. While the owner of the apartment is busy, another person can take care of his property by proxy. Study this power of attorney.

Instead of a power of attorney, the representative may have an intermediary agreement: an agency agreement, a commission agreement, etc. In them, check the same as in the power of attorney: term, passport data, powers.

And remember that without a power of attorney, even close family relationships do not give the right to conclude an agreement for the owner of the apartment: a daughter cannot sign an agreement for her mother or father’s apartment, a grandmother does not have the right to sign an agreement for her granddaughter, even if the granddaughter is very busy. Don't buy into any excuses.

If you don't trust anyone

Have you checked the evidence, but doubts about the rights to the apartment have not receded? Order an extract from the Unified State Register of Real Estate (USRE) about the main characteristics and registered rights to the property

Such an extract will show who is the current owner of the premises. The extract costs 750 rubles, is ordered at any of the multifunctional centers and is prepared within 3 working days. You can order it electronically, and if you are in a hurry, special companies prepare statements in one day, but it will cost 1000-3500 rubles.

No more paper certificates

Please note that from July 15, 2016, Rosreestr stopped issuing paper certificates of state registration of property rights, and from January 1, 2017, the Unified State Register of Real Estate was merged with the state cadastre and renamed the Unified State Register of Real Estate (USRE).

Since January 1, 2017, ownership is confirmed not by a certificate, but by an extract from the Unified State Register. So if you decide to rent an apartment purchased at the end of July 2016, you cannot do without an extract from the Unified State Register.

Remember

Carefully check the ownership documents: compare personal data and description of the apartment.
Check the certificates of each apartment owner and sign an agreement with all owners.
Check if the apartment is mortgaged. Find out the details of the mortgage agreement.
Check if the owners of the apartment have a prenuptial agreement. Sign the contract with both spouses at once or ask for consent to the transaction.
The contract is signed only with the owner of the property or a representative by proxy. Check the passport details, powers and validity period of the representative’s power of attorney.
The most reliable option is to order an extract from the Unified State Register.

In connection with the latest innovations in the Sakharovo International Medical Center (the need to provide an agreement in order to receive a coupon and apply for a temporary residence permit), it would not be amiss to discuss this very agreement.

If you don’t want to discuss, but want to immediately download the form, go to the end of the article.

For the owner of the residential premises:

Certificate of state registration of ownership of residential premises (part of the premises, shares).
Extract from the Unified State Register of Real Estate.
A purchase and sale agreement or a gift agreement concluded before March 1, 2013 and registered with Rosreestr.

Everything is clear here. If you have your own apartment, then bring proof of ownership of this apartment. We are more interested in the second part:

For the residential user:

Lease/sublease agreement (lease/sublease) of residential premises.
Agreement for gratuitous use (loan) of residential premises.

*This agreement is often used to avoid paying taxes (payment is agreed upon orally and is not specified in the agreement). According to the law, this cannot be done.

Tenancy agreement and rental agreement

Form and state registration of the agreement

At the same time, residential rental agreements concluded for a period of one year or more must be registered (clause 2 of Article 609 of the Civil Code of the Russian Federation).

The requirement for state registration of a lease agreement is not established by law, but a restriction (encumbrance) of the right of ownership of residential premises arising on the basis of a lease agreement concluded for a period of at least a year is subject to registration. That is why employment contracts are most often concluded for 11 months.

For failure to comply with the established procedure for registering a lease agreement, administrative liability is provided in the form of a fine in the amount of 1,500 rubles. up to 2,000 rub.

Contract term

The rental agreement for residential premises is concluded for a period not exceeding five years. If the rental agreement does not specify a period, the agreement is considered to be concluded for five years (Article 683 of the Civil Code of the Russian Federation). MMC requires that the contract be concluded for a period of at least three years .

The lease agreement is concluded for the period specified in the agreement. If the lease term is not specified in the agreement, it is considered to be concluded for an indefinite period. In this case, each of the parties has the right to cancel the contract at any time, notifying the other party three months in advance. The term of the residential lease agreement is not limited (Article 610 of the Civil Code of the Russian Federation).

What must be specified in the contract in order for it to be accepted by the IMC

An agreement confirming a foreign citizen’s right to use residential premises must indicate:

parties to the contract,
subject (area and address of the residential premises, allowing to identify the object),
place and date of conclusion of the contract.

Loan agreement (free use agreement)

Agreement for free use of residential premises or free hiring sometimes erroneously called a free rental agreement.

A contract for the free use of residential premises must contain:

The subject of the agreement is an apartment.
Free housing provided.
Parties to the contract.
Rights and obligations of the parties.
Responsibility of the parties.
Conditions for termination of the contract.
Date and place of conclusion of the contract.
Signatures of the parties.

Conclusion

Rental agreement = you live in someone else’s apartment for money

Free use agreement = you live in someone else’s apartment for free

There is no need to contact a notary. Fill out the form, print it in duplicate and sign it together with the owner of the apartment (you can even sign it in the kitchen over a cup of tea). Give him one copy, keep the second for yourself.

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

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

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

What does a residential lease agreement consist of?

1. Clause “Subject of the agreement”.

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

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

In this paragraph it is necessary to describe the terms of the lease and the condition of the housing. You can (and should) include in the contract a list of furniture and household appliances that are in the apartment and their condition. You can also specify the terms of the lease and the obligation to control all issues of providing utilities to residents. Here you must also indicate the possibility of checking the condition of the apartment and the frequency of such checks. In order to protect tenants, you can include in the lease agreement the phrase “The Landlord undertakes to provide the Tenant with unhindered and 24-hour use of the apartment,” but subject to compliance with the specified requirements.

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

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

In this paragraph, it is necessary to provide a complete list of all the tenant’s obligations, namely: a ban on keeping animals in the apartment, a ban on organizing parties and other important requirements of the landlord. It is important to indicate responsibility for the safety of all things that are rented along with the apartment. In addition, you can separately indicate relationships with neighbors, oblige residents to submit meter readings and allow authorized persons from the management company or HOA into the apartment for control. Here you can also specify the need to pay a deposit and the obligation to do cosmetic repairs at certain intervals. Or, conversely, do not make repairs without the consent of the owner of the property.

4. Item “Settlement procedure”

This paragraph should indicate the exact amount of the rent and all additional payments that tenants are required to make. It is necessary to clearly describe the schedule for making payments to the landlord and for utilities. And also the procedure for making such payments - in cash or to a bank card. In addition, this paragraph should indicate the amount of security deposit transferred to the landlord by the tenant. And also specify all the conditions for this amount, in particular, the owner’s right to deduct from it the cost of damaged property or arrears of rent or utilities. as collateral or first payment. In the same paragraph you should indicate the readings of all metering devices at the time of transfer of the apartment for rent. This could be readings from a water meter, electric meter, gas meter.

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

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

The agreement should indicate the procedure for terminating the agreement, namely, notifying the party about the termination of the lease ahead of schedule and the timing of vacating the property in this case.

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

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

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

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

Obviously, the text of the lease agreement can easily be drawn up by anyone without a legal background. The law requires that the contract must indicate its subject, transaction price, details of the parties and their signatures. All other conditions are not limited by law and depend only on the imagination of the parties. The more detailed the document, the fewer questions will arise when resolving controversial issues, if they arise. A standard residential lease agreement can be taken as a sample, but it must be filled with individual features of the transaction. In addition, an apartment acceptance certificate with an inventory of the property must be attached to the contract. It is advisable to verify this act with the signatures of two witnesses. Thus, the parties will be freed from mistrust of each other in terms of assessing the condition of certain items.

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

Sample rental agreement:

AGREEMENT

Rental housing

city ______________ "______" ________________ ________G

We, the undersigned: ________________________________________________________________________________, hereinafter referred to as the “Lessor”, on the one hand, and __________________________________________________________, hereinafter referred to as the “Tenant”, on the other hand, have entered into this Agreement as follows:

1. THE SUBJECT OF THE AGREEMENT

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

at the address ___________________, street ___________________________________ house ____ building ___ building ____ apartment ______ for a fee, for temporary 24-hour use for personal residence. Subletting of the apartment is not allowed.

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

_______________________________________________________________________________________

1.3 . During the entire rental period, the following persons will live in the apartment together with the Tenant: _______________________________________________________________________________

_______________________________________________________________________________________

_____________________________________

1.4. The rental period for the specified apartment is set from _____ _____________200 ___ to _____ ____________200___.

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

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

2.1. The lessor is obliged:

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

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

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

2.2. The tenant undertakes:

Use the apartment only for the purpose specified in clause 1.1 of this agreement.
Do not sublease the apartment and do not transfer the rights to use it to third parties, and do not move other persons in without the consent of the Lessor;
Obtain written permission from the Landlord to keep animals in the apartment, and the Landlord must personally bear full responsibility for damage that his pets may cause to the apartment.
Do not carry out redevelopment or repairs in the apartment without the written consent of the Lessor;
Do not install any stationary equipment in the apartment (including replacing door locks, strengthening doors and installing alarms) without the consent of the Landlord;
Assume full financial responsibility for the rented apartment and for all possible consequences of this rental or use, excluding force majeure circumstances;
Take full financial responsibility for all property transferred to him and located in the apartment, keep it in good condition and clean.
Comply with fire safety rules;
Do not violate public order and rules of residence in the house;
Pay rent in a timely manner in the amount of __________________ for the period of ______________ and pay for utilities, namely:__________________________________________________________________________________________
___________________________________________________________________________________________.

Second page

3. PAYMENTS AND SETTLEMENTS UNDER THE AGREEMENT.

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

Russian rubles, all calculations are made in Russian rubles.

3.2. Payment will be made by the Tenant monthly for a month in advance, then no later than ____ date of each current month.

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

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

3.5. Utility payments are made by____________________.

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

3.7. The metered electricity is paid for by _________________________.

4. RESPONSIBILITY OF THE PARTIES TO THE AGREEMENT

4.1. If they wish to terminate the apartment rental early and terminate this agreement, each party is obliged to notify the other party in writing no later than 30 calendar days before the date of expected termination of the lease.

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

4.3. In the event of early termination of the contract at the initiative of the Lessor, earlier than the period specified therein, due to his personal, unforeseen circumstances, but subject to the Tenant's compliance with all obligations specified in clauses 1.4; 2.2; 3.2; 3.7; 3.8; 3.9, the Landlord is obliged to return to the Tenant part of the previously paid payment for the use of the residential premises, while the Landlord is obliged to provide the Tenant with fifteen calendar days free of charge to search for other housing and move.

4.4. In the event of early termination of the contract at the initiative of the Lessee, but subject to the Lessor's compliance with all of its obligations specified in paragraphs 1.4; 2.1; 3.5, rent paid in advance, as well as a deposit, are non-refundable.

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

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

4.7. The landlord confirms the consent of other persons registered in the apartment or having the right

dispose of it on the right of ownership under the terms of the contract, and also that the apartment has not been sold and is not the subject of a legal dispute and is not under arrest.

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

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