Comparative characteristics of residential lease agreements

The concept of commercial hiring

At the legislative level, there are no clear requirements and standards that a rental agreement must comply with.
Participants in most cases use the Civil Code of the Russian Federation when drawing up a contract. Commercial hiring is the provision of real estate to persons for their temporary stay in it exclusively on a paid basis. This is stated in article number 671 of the Civil Code of the Russian Federation.

Let's look at the nuances of this type of transaction:

1. Both its owner and his trustee can provide housing for temporary use.
2. Only ordinary citizens (individuals) can rent premises here. For legal entities, a rental contract is provided.
3. The tenant must use the provided living space only for living. It is prohibited to use it for business purposes.

Temporary residents do not have the right to dispose of the provided real estate: to sell, rent to others, or make an exchange. This right is vested exclusively with the owner of the apartment.

What it is

The legislation does not contain special rules regulating the procedure for drawing up a commercial lease agreement. For this reason, counterparties must use the requirements established in Chapter 35 of the Civil Code of the Russian Federation, with the exception of regulatory rules directly related to the hiring of social housing stock.

By hiring, Article 671 of the Civil Code of the Russian Federation means providing the tenant and his family members with a real estate property for temporary use. The contract for the commercial lease of residential premises is of a paid nature, this is directly indicated by Art. 671 Civil Code of the Russian Federation. It is possible to highlight the features of this type of agreement:

• the lessor may be the legal owner (proprietor) or a person authorized by him;
• the tenant of housing under contracts of this type can only be an individual, since such objects can be transferred to organizations of any form of ownership for temporary use on the basis of a lease;
• The intended purpose of this type of legal relationship is to use real estate only for the residence of citizens; conducting business or production activities in residential premises is not allowed.

Having ownership rights to residential real estate provides a full range of powers to dispose of real estate, including through the execution of a lease agreement. Other home owners (for example, tenants) do not have the right of disposal, and therefore are deprived of the opportunity to use the apartment for rent to third parties.

How to use real estate?

People temporarily living in a rented apartment must follow all the terms of the contract, as well as comply with the standards established by housing legislation. If citizens violate the rules and regulations, the contract may be terminated before it expires, and they are forcibly evicted from their housing. The main responsibilities of tenants established in the Civil Code of the Russian Federation:

1. The rental property must be used exclusively for residential purposes. Other actions are prohibited.
2. Treat the property in the apartment with care; it must have a decent appearance.
3. Make monthly payments for the use of living space on time.

Any repair and construction work must be agreed upon in advance with the owner of the property. Without his knowledge, such activity is unacceptable. Since when drawing up a contract all information about the future residents of the apartment is indicated, they have every right to make temporary registration in it.

Expert opinion

Golubev Denis Petrovich

Lawyer with 7 years of experience. Specialization: civil law. Author of dozens of articles in the media

This must be done at the Federal Migration Service. It is mandatory to register; these are natural requirements of the service. If this is not done, then persons temporarily residing in the apartment and its owner will face administrative liability. In order to register, you must bring the original rental agreement. Registration will be made for the entire duration of the contract.

If both participants fulfill the terms of the contract in good faith and they have no mutual claims, the transaction is terminated after the expiration of the contract. The tenant can also extend the contract if the property owner has not found other tenants who would completely suit him.

Commercial relations can be terminated ahead of schedule, under the conditions specified in the Civil Code of the Russian Federation.

This is important to know: Sample termination of a lease agreement by agreement of the participants

Residential fee

In order to protect your rights, we recommend that you consider this condition essential and write it down in the contract in the form of a specific amount in rubles or in another currency, but indicating how the conversion into rubles is carried out (Article 424 of the Civil Code of the Russian Federation

).

Otherwise, the contract may be recognized as not concluded.

The agreement should specify the procedure for paying the fee and changing the amount of the fee. If this condition is not specified in the contract, the tenant is obliged to pay a monthly fee, and its amount will remain unchanged for the entire period of the contract. Also, unilateral changes in the amount of the fee are not allowed, except in cases provided for by law or agreement (Article 682 of the Civil Code of the Russian Federation

).

In practice, contracts are often concluded with conditions for the tenant to make a security payment, which is returned to the tenant at the end of the contract. But this is only possible if the employer has properly fulfilled certain terms of the contract. For example, he returned the property in a condition no worse than when signing the contract, taking into account its natural wear and tear, paid for telephone calls and utilities on time, etc. (Clause 1, 2 of Article 381.1 of the Civil Code of the Russian Federation

).

It is also common to pay the rental fee upfront (for example, one to two months in advance).

How to terminate the contract?

Article number 687 of the Civil Code of the Russian Federation regulates the rules for terminating a transaction. If the contract is terminated unilaterally, the tenant does not have to report the reasons that contributed to this. He needs to inform the owner of the property about this three months before leaving it. If the owner decides to terminate the commercial relationship early, he must justify the following actions:

• Provide the tenant with a document indicating that monthly housing payments have been overdue for six months. If the apartment is rented for a short period, then only two months of delay is enough.
• Serious material damage was caused to the property and the apartment itself.

All of the above points serve as a valid reason for eviction of unscrupulous tenants. If they do not leave the premises within the agreed period, then they can be evicted by a court decision.

The nuances of eviction of persons by decision of a judicial institution:

• The judicial authorities have every right to give the tenant a period (no more than one year) for him to eliminate the violations that contributed to his eviction (full repayment of the debt to the owner or carry out repairs at his own expense).
• If during the specified period the tenant has not complied with the court’s requirements, then in this case he will be unconditionally evicted from the apartment.
• If a judicial institution has made a decision to evict an unscrupulous tenant, then at his request he may be granted a deferment. During the deferment, he must find a new living space and completely vacate the previous apartment.

To prove the fact of damage to property located in the apartment, it is important for the owner to bring evidence. Here, an act of acceptance and transfer of the object will be necessary, since it accurately indicates the original condition of the property and the apartment as a whole.

Expert opinion

Golubev Denis Petrovich

Lawyer with 7 years of experience. Specialization: civil law. Author of dozens of articles in the media

If the homeowner's property has suffered serious damage, he must provide two documents to the court: a deed of transfer, which indicates the original condition of the property and all its items, and an act on the current condition of his home. Such a document can be drawn up by the owner himself, together with the tenant, or with the involvement of authorized persons of housing control and supervision.

The law does not describe the extent of damage to a property and its contents, which would serve as the main reason for eviction of tenants. Each case is considered by the judicial institution personally, taking into account the supporting facts.

If, at the very beginning of the trial, the tenant eliminates all the reasons that served as the reason for the forced eviction, then the statement of claim is canceled.

Conditions for early termination of commercial relations by both parties:

• Reasons have been discovered due to which the property can no longer be used for permanent residence.
• Housing has become an emergency fund.
• Other reasons specified in the Housing Code of the Russian Federation.

Important! The above points do not necessarily have to be violated by one of the parties to the transaction. Here, the reasons for the deterioration of living conditions can be a natural disaster, emergency or force majeure situations, inadequate actions of neighbors in the apartment, etc. In all these cases, one party has the full right to terminate the contract. If the other party does not give its consent, the conflict will be resolved in court.

Algorithm for terminating a commercial transaction:

• The tenant and his family members must vacate the living space within the period specified by the court.
• When the owner applies to a judicial institution, at the same time the Federal Migration Service cancels the registration of all persons living in the apartment.
• The tenant is obliged to pay the property owner for all payments: for rent, for utility bills.

This is important to know: Features of the property inventory for an apartment rental agreement

In case of early termination of commercial relations, the tenant must return the property to its owner. Here you need to draw up an act of acceptance and transfer of living space in two copies, which will reflect its current condition and the condition of the property.

If temporary residents are evicted by court decision, then a transfer deed on the condition of the real estate is drawn up by bailiffs. The tenant is also obliged to pay for material damage while using the apartment.

Permanent residents

It is in the interests of the parties to indicate in the contract everyone who permanently resides in the apartment with the tenant. These can be family members or strangers. In this case, the tenant will not need to obtain the landlord's consent to move in these persons in the future. If this condition was not initially specified in the contract, the move-in of citizens as permanent residents of the tenant is possible only with the consent of the landlord, the tenant and the citizens permanently residing with him. Please note that when moving in minor children, consent is not required. In this case, move-in is allowed if the legal requirement on the norm of the total area of ​​living space per person is met, except in the case of move-in of minor children (Article 679 of the Civil Code of the Russian Federation

).

In addition, you can indicate in the contract that persons permanently residing with the tenant bear all obligations under the contract (pay fees, compensate for losses, make repairs). Thus, they become co-tenants, which will protect the interests of the lessor by expanding the circle of persons from whom it is possible to demand compliance with the terms of the contract.

It should be taken into account that if the apartment is rented for a period of more than 90 days, registration of the tenants at the place of stay will be required (we are talking about citizens of the Russian Federation). If registration was not carried out within the specified period, then the landlord is obliged to notify the registration authority about the residence of a citizen without registration within three working days after the expiration of this period (part 4 of article 3, part 1 of article 5 of the Law of the Russian Federation dated 25.06 .1993 No. 5242-1 “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation”

).

Note! For the residence of citizens of the Russian Federation at the place of residence (stay) without registration, as well as for violation of the rules of registration of a citizen of the Russian Federation at the place of residence (stay) for the tenant (owner) of residential premises and citizens living without registration, administrative liability is provided in the form of a fine (Art. Article 19.15.1, 19.15.2 Code of Administrative Offenses of the Russian Federation

).

Liability will not arise if the tenants are relatives of the landlord: spouses, children, spouses of children, grandparents, grandchildren, and the owner himself is registered at the place of residence in the rented apartment (Notes to Articles 19.15.1, 19.15.2 of the Code of Administrative Offenses of the Russian Federation

).

Registration of residents is not required if they are registered (parts 2, 3, 4, 5 of Article 5 of the Law of the Russian Federation of June 25, 1993 No. 5242-1

):

• at the place of residence in the same region where the apartment is rented;

• in Moscow or the Moscow region and the apartment for rent is located in one of these regions;

• in St. Petersburg or the Leningrad region and the apartment for rent is located in one of these regions;

• in Sevastopol or the Republic of Crimea and the apartment for rent is also located in one of these regions.

Housing use

The process of living in a rented premises is determined by the housing contract, which also determines compliance with the law. The opposite may affect the early termination of the concordat with forced eviction. The main responsibilities and rights of the employer are fixed by the Civil Code, such as:

• use the property strictly for its intended purpose - for living;
• ensure the proper condition of the rented area;
• make timely payments for the use of the premises.

It does not ignore the restrictions on construction work and redevelopment of the area without the permission of the tenant. However, the contract may have a lease with subsequent purchase, which is agreed upon by the parties when signing it.

The listing of subjects of residence gives the latter a legal place of registration, which is useful for visiting the migration department. Failure to register will entail administrative liability.

If counterparties properly perform their duties, the law provides for the tenant a pre-emptive right to extend the tenancy concordat after its expiration. It is also possible to buy an apartment for commercial rent, which must be reflected in this concordat.

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Requirements for the apartment

The person must receive premises that comply with the provisions of Art. 62 Housing Code :

• isolated living area;
• compliance with standards and regulations;
• the premises cannot be part of the local area (property).

In addition, there are requirements for room space. The figures vary depending on a number of criteria and individual decisions of regional and municipal authorities.

On average this is:

• 33 square meters per tenant;
• 42 square meters for two residents;
• 18 square meters per person, if three or more people live in the room.

If there are no premises with the required area in the housing stock, the indicators can be reduced by 10% by agreement with the tenant.