Correct apartment rental agreement. The parties to the agreement are

A simple apartment rental agreement concluded between individuals for a period of up to 1 year. The apartment is owned by the Lessor. The tenant does not have the right to sublease the apartment and can only use the residential premises for living in it.

Document type: Residential lease agreement

Document file size: 6.0 kb

Features of the apartment rental agreement

An apartment rental agreement is concluded between two parties: the owner of the premises and the tenant. The first party, as part of the agreement, is obliged to transfer the apartment to the tenant for use for a certain period. The second party, in turn, must transfer the agreed amount of money to the owner.

It should be noted that an apartment lease agreement refers to a residential lease agreement, which may include an isolated living space suitable for permanent residence (for example, a residential building, apartment, or a certain part of a house or apartment) as a rented object. At the same time, the very suitability of the living space for the possibility of living is indicated by the standards provided for by the first paragraph of Article 673 of Art. Civil Code of Russia.

When concluding an apartment rental agreement, it is important to focus on such points as:

Availability of documents confirming the lessor’s right to own the rental space.
Availability of a power of attorney (required if one of the parties is a representative of the interested party). It is important to clearly define the scope of authority of this representative (whether he has the right to enter into an agreement, accept funds, etc.).
If the apartment rental agreement is drawn up for a period exceeding 12 months, it is mandatory subject to state registration.
In a situation where a minor is one of the parties, permission documents from the guardianship and trusteeship authorities will be required to carry out such a transaction, which can be obtained from local government.

Apartment rental agreement form

Sample apartment rental agreement (completed form)

Download Apartment rental agreement

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APARTMENT RENTAL AGREEMENT No.

Citizen, passport (series, number, issued), residing at the address, hereinafter referred to as " Landlord", on the one hand, and the citizen, passport (series, number, issued), living at the address, hereinafter referred to as " Tenant", on the other hand, hereinafter referred to as " Parties", have entered into this agreement, hereinafter referred to as the "Agreement", as follows:

The Lessor leased to the Tenant what belongs to him by right of ownership on the basis of a certificate from the housing cooperative (or: registration certificate, issued by the Bureau of Technical Inventory of the region from the year "") an apartment located at the address: . Apartment with an area of sq.m., consisting of room(s) with a living area of sq.m.
The apartment is rented for a period of months with monthly payment in rubles. The Tenant is obliged to pay rent to the Lessor's account No. or personally no later than the date of each month for the previous month.
The apartment is rented to the Tenant for living, and he is prohibited from using the residential premises for another purpose, as well as subletting.
The tenant is obliged to keep the apartment clean, the equipment in good condition and to carry out routine repairs at his own expense.
Changes in the terms of the contract or its termination may take place by agreement of the parties.
The Lessor may require modification or termination of the agreement if the Lessee fails to current repairs, will worsen the condition of the living space, will not pay rent within the period stipulated by the contract, will use the apartment for other purposes.
The costs of notarization of this agreement are paid by the Tenant.
The Agreement is drawn up in copies having equal legal force. An integral annex to the contract is a list of furniture and things located in the rented apartment.

DETAILS AND SIGNATURES

Landlord

Registration address:
Mailing address:
Phone fax:
Passport series, number:
Issued by:
When issued:
Signature:

Tenant

Registration address:
Mailing address:
Phone fax:
Passport series, number:
Issued by:
When issued:
Signature:

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Agreement differences

Depending on what type of contract will be used, its form may vary.

Existing types of standard rental agreement

Social

Commercial

Standard samples have been developed. They are fixed Housing Code RF. The agreement is concluded between two individuals - the owner and the tenant. One party in the legal relationship is the owner of the apartment, and the other is the tenant. It is understood that he will use the property for residential purposes only.

If the parties to the transaction are not citizens of the Russian Federation, the conclusion of an agreement is prohibited. The rule is not relevant only if the parties to the transaction have received a corresponding court decision.

The employer can be only one or several people at once. If the person with whom the agreement was concluded is alone, and he died, was hospitalized or fled in an unknown direction, the agreement can be re-concluded by his relatives.

Documentation is prepared at the place of residence. Payment and rental period are determined by agreement.

The type of agreement is not regulated by current legislation. For this reason, its compilation is carried out in accordance with general principles. The agreement can be concluded between individuals. Sometimes acts as an employer entity.

The payment is set by the owner of the premises. However, in some cases it maximum size may be limited. The contract must indicate who is obligated to pay utility payments. If the parties have not included this information in the documents, the responsibility will fall on the owner.

Download a sample agreement

Draw up an agreement yourself, taking into account all existing standards quite problematic. For this reason, experts recommend that the tenant or owner download a simple sample apartment rental agreement. This will allow you to avoid mistakes that you may encounter during the paperwork process.

You can download suitable option in Word format:

Or copy the one below:

CONTRACT

______________________

(specify city) « ____ » _________ 20___

Citizen (Full name of the property owner) , hereinafter referred to as the “Lessor”, and citizen (Full name of the tenant) , hereinafter referred to as the “Tenant”, hereinafter referred to as the “Parties”,

have drawn up this Agreement regarding the following:

1 Object of the Agreement

The Lessor provides the Tenant with an apartment for living for a set fee.

The apartment that is the subject of the Agreement is located at:

(indicate full address)

The landlord is the owner of the living space on the basis of:

(indicate a document confirming the owner’s ownership) , a copy is attached to the Agreement and is an integral part of it.

Characteristics of the Apartment:

area: ______ sq. m.

rooms: ____.

2 Rights and obligations of the Lessor

2.1 Provide housing in a condition suitable for living, (other conditions) .

2.2 The Lessor confirms that the Apartment is not in a legal dispute.

The Lessor undertakes:

(list the responsibilities of the owner of the living space)

3 Rights and obligations of the Tenant

3.1 The tenant undertakes to use the living space solely for the purpose of living, (other conditions)

3.2 Make payments on time.

(other rights of the tenant, for example, to keep pets, conduct renovation work, other)

4 Payment

4.1 The rent in rubles is (specify cost)

4.2 Amount of the first payment (specify cost)

4.3 Amount of subsequent payments (monthly, quarterly) before (indicate payment date) .

5 Responsibilities of the Parties

(all points are indicated that provide for the consequences of damage to property, late payment, etc.)

6 Termination of the Agreement

(list all possible circumstances)

7 Validity period

7.1 Hiring period (specify period or end date)

7.2 The Agreement, by agreement of the Parties, will be extended ___________.

8 Unforeseen circumstances

(list all possible, payment delay period, other)

9 Notes and other conditions

(who will live with the Tenant)

10 Details of the parties

Landlord

Bank details:

____________________________

(signature)

Tenant

(F.I.O., passport details, residential address, telephone)

Bank details:

____________________________

(signature)

Its mandatory conclusion is required in accordance with the legislative provisions of the Civil and Tax Codes. As a result, an undrafted document deprives the property transaction of legal force.

This does not guarantee the owner protection of property rights from the state. Moreover, he may be liable for failure to pay taxes on income received by an individual.

Conducted for interested parties apartment showing.

What are the conditions for renting apartments? Having agreed orally, the lessor provides documentation:

Certificate of ownership, if any.
Title document, on the basis of which the right to dispose of the object arose.
If, then the social tenancy agreement is accompanied by administration permission about leasing.
When a real estate company, private realtor or intermediary acts in the interests of a person, they represent themselves documents for the right to real estate activities or a power of attorney certified by a notary.
Notarized permission from spouse, for persons in a registered marriage, if the home is joint property.
Notarized permission from other owners, If there are any.
Passports sides

With the listed documents, the parties approach the private law firm, to a real estate company or to an entrepreneur’s office.

The place where the contract is drawn up can be chosen at your discretion. If it is compiled by a specialist, he provides it for viewing preliminary sample. What agreement is concluded when renting an apartment? The parties discuss the provisions included in the text and check the correctness of the information entered.

When an agreement is drawn up independently, it would not be amiss to also draw up a preliminary text. After discussing it and making changes, they draw up a copy, which will become the main basis governing the terms of employment.

The contract can be concluded for certain period, which is indicated as a separate item. You can learn about this from our other article. If no restrictions are provided, it is indicated that it is valid indefinitely.

In this case, it is allowed on the initiative of one or both parties, with 2 months notice.

This should also be recorded.

If its expiration date more than 1 year, the agreement is required in Rosreestr.

To do this, the parties approach the registrar with three copies of the contract and the listed documentation.

Attached to the package of documents receipt of payment of state duty in the amount of 1 thousand rubles. The fee can be paid at a savings bank or at a terminal, directly in the hall of the local cadastre and cartography office. Payment details can be found:

on the official website of Rosreestr;
directly at the department.

After registration, the official paper is considered entered into force. All that remains is to draw up an act of transfer of keys and property. You can learn how to create a living space, as well as tenants, from our articles.

Features and conditions

If the contract is not written or registered, this directly indicates that the citizen evades taxes.

Since after its registration and entry into Accounts State cadastre, information is transmitted to tax office. Here it is charged income tax individuals at the rate of 13% the amount specified in the contract.

Some unscrupulous landlords do not register the agreement, which is fraught with legal consequences if the tenants turn out to be unreliable. Legislation not only fails to protect the interests of the owner, but also punishes tax crimes.

Other citizens, for the same purpose, conclude free use contract apartment. In this case, the consequences may be even more dire. Residents have the right simply not to pay rent, since the official document states that housing for rent free of charge. It will be extremely difficult to evict such tenants.

To prevent tenants from being tempted to register in the apartment if the owner does not want this, the official document should indicate that rent is provided without registration rights.

With absence special instructions, citizens can request registration at the place of residence through the court.

You can find out how and in what cases it is required on our website.

The most important thing is to be afraid fraudulent activities persons who fill the real estate market. Therefore, all documents must be prepared properly.

When transferring an object on lease terms, it is necessary to provide for all possible options developments of events, describing them in the provisions of the official paper. In the hands of the counterparty under no circumstances do not give out original documents.

In general, an apartment rental agreement is governed by the rules that relate to the rental of residential premises. Based on them, you can independently formulate the basic rules that must be followed when drawing up an agreement. It is worth noting that the apartment rental agreement will be valid if concluded in writing.

Duties of the parties

The object of the contract is residential premises isolated view, which is suitable for living for a long time. This can be part of a residential building or an apartment, as well as these entire objects.

Among the main responsibilities assigned to the homeowner are the following:
- provision of free residential premises for a set fee;
- provision of necessary public services (electricity, gas, water, electricity, sewerage);
- correction of problems by mutual agreement with the tenant.

The tenant, in turn, undertakes to use the provided space only for living and ensure the safety of the apartment. The latter means that the living space will be cleaned. Reconstruction and refurbishment of the apartment is possible only with the consent of the owner. The tenant must pay fees for the use of the premises on time and in full. Often the contract involves payment utilities monthly by the tenant.

It should be mentioned that short-term and long-term rental agreements can be arranged. In this case, the first is concluded for a period of up to one year, and the second – up to five years. If the terms of the agreement are not specified, then by default it is considered to be concluded for 5 years. Reached mutual agreement of the parties makes it possible to make changes and additions to the terms of the agreement.

Any civil law agreement must include the subject of the agreement, the names of the parties, the established price, the rights and obligations of the parties, the agreed period of validity and the moment that is considered the date of entry into force of the agreement.

Mandatory clauses of an apartment rental agreement

Some provisions require legal restrictions. For example, the need for state registration, the presence of a preemptive right of the employer to enter into an agreement for new term and some others.
Detailed mutual responsibilities and rights minimize the occurrence conflict situations. Any agreement must stipulate penalties for violation of conditions, the frequency and time of visits by the apartment owner for routine inspection of the property, and the procedure for paying for utilities.

An apartment rental agreement is a document that confirms the fact of transfer of an apartment for temporary use, provided for a certain fee and limited to a specific period. Residential premises are provided by the owner (lessor), concluding an agreement with the other party, which is the tenant (tenant). The document, in addition to confirming the fact of the provision of housing, may specify some conditions, and the agreement does not have to be certified by a notary, because legislation Russian Federation this is not provided. However, notarial form is possible if both or one of the parties so desires.

There is some difference between hiring (Civil Code of the Russian Federation, Chapter 35) and renting (Civil Code of the Russian Federation, Chapter 34). Before concluding an agreement, you should familiarize yourself with these concepts and the content of Article 671 of the Civil Code of the Russian Federation. According to this article:

The rental agreement confirms that the landlord provides premises (apartment) for temporary use for a certain fee, from the moment of confirmation of which the tenant has the right to live in this premises.
When providing residential premises to a legal entity, the premises may only be used for citizens to live in. Based on the lease agreement, the premises are transferred into ownership or use.

Thus, when transferring a residential apartment for a fee, a lease agreement is concluded, while when transferring a residential apartment to a legal entity, a lease agreement is concluded. Due to the presence of certain nuances, before concluding any agreement, it is necessary to contact a lawyer so that the cooperation of both parties goes smoothly.

The drawn up agreement must be in the hands of both the owner and the tenant (tenant), therefore it is necessary that the document be at least in two copies. In some situations, the number of instances may increase.

The terms and conditions specified in the contract are preliminarily discussed at the discretion of the parties, after which they are entered into the document. The exception is specific conditions, the introduction of which is prescribed by law or other legal acts(Civil Code of the Russian Federation, Art. 421). Such conditions must be included in the contract.

Even before drawing up the document, it would be a good idea to familiarize yourself with its approximate contents. The contract will generally contain the following information:

Name of the two parties in full form. This usually means indicating the full name, gender, citizenship, date and place of birth, as well as the address where the person resides or primarily resides. You must also indicate the name and details of a document that can confirm your identity (passport, birth certificate, etc.).
About the premises for rent. When concluding a lease agreement, you will need data on the living space being rented out and other related information: exact address, purpose of the object, location on plot of land, as well as area (if necessary, separately allocated living space) and number of storeys. In some cases, it may be necessary to indicate something additional to accurately determine the subject of the contract.
Rental period. The contract is valid for exactly the same period. When describing this item exact date may be specified by the lessor, or both parties agree to the possible termination of the contract in the future due to some event or by agreement. In the second case, the exact period is not indicated.
Rent price. The cost is discussed in advance; when entering data into the document, both parties thus acknowledge that they agree with it, as well as with the timing and procedure for making payments. If necessary, payment for utilities and other services is also discussed, after which this information is included in the lease agreement.
Responsibility. In case of non-compliance with any clauses of the contract, either party must be prepared for certain consequences specified in the document.
Additional points. If necessary, the condition of the rented living space is indicated, an inventory of interior items and equipment is carried out. The inventory implies the presence of information such as the location of the item, its condition, brand, serial numbers and performance.
Additional terms and conditions. The owner of a residential premises has the right to demand an indication additional conditions at your own discretion. For example, items related to keeping animals, the presence of the tenant’s guests in the apartment, the landlord’s plan for inspections of the premises, smoking/drinking alcohol in the apartment, etc.

Additionally, a lease deed or a tenancy deed may be signed. It is needed for more detailed description rented living space, indicating everything that is in the apartment (furniture, appliances, etc., as well as their detailed characteristics).

Article 609 of the Civil Code of the Russian Federation states in what situations state registration of an agreement is necessary:

The document passes state registration, if required by law.
The agreement is concluded by the parties for a period of more than a year. Also, if one of the parties is represented by a legal entity, the document is concluded in writing.
An agreement providing for the transfer of property to the tenant upon termination of the contract is concluded in the form of sale and purchase.