Act

We draw up an act of acceptance and transfer of real estate under a lease agreement

The act is drawn up according to the standard scheme. First of all, they indicate that it is an annex to the contract. They also enter the contract number and the day it was signed. This block is located in the upper right corner.

Then, below in the center, write the name of the act. Also be sure to indicate the date and place of drawing up the document and begin filling out the main part.

First, you need to provide information about the parties to the agreement and act: the name of the hiring organization, the position and full name of the representative, the full name, date of birth and passport details of the employer. The number and date of the previously concluded rental agreement are also written here.

After this, indicate the essence of the act:

The landlord transferred the housing to the tenant for temporary use. You must also indicate the address of the premises and the cost.
Housing characteristics: floor, number of rooms, total area.
Property transferred with housing, if any.
An inspection of the premises was carried out by the tenant, the keys were received, all defects were agreed upon by the parties. When the parties agree, you can describe the existing shortcomings.
The landlord gave the tenant documents for housing. The list of documents, if it is large, can be formatted in a table with columns: name of the document, copy/original, number of sheets.
The parties have no claims against each other.
The obligations of the landlord and the tenant are considered fulfilled after signing the act.
Number of copies of the document. As a rule, you need two of them.

Important! This is just a sample list of clauses in the act. Depending on the situation and the housing being transferred, the list may be supplemented or shortened.

After filling out and checking the document, the parties put their signatures with transcripts. If the organization transferring housing uses a seal, then its representative must also affix the seal.

Why is the act needed and what are the features of its execution?

The act is necessary to record the following facts:

The residential premises were transferred to the tenant, and documents for housing were also transferred at the same time.
The tenant has no complaints about the condition of the property.
The obligations of the parties have been fulfilled.

The document can be written or printed. The second option is preferred for ease of reading. Various types of errors, blots, and crossing-outs (for a handwritten version) are not allowed, so the preparation of the act must be approached with the utmost seriousness.

For your information! The act is usually drawn up by a housing employee.

The document is not subject to registration. It is signed in two copies - one for each of the parties to the agreement. It is also important to remember that the deed is an annex to the contract, so they need to be kept together.

Example of correct filling

You should start filling out the form with the name of the act and the essence of its preparation. Here it is necessary to mention the agreement that complements the act. At the same time, the date of signing of this agreement and the assigned number are indicated. This block can be placed not only in the corner, but also in the center of the sheet. The city and date of drawing up the act itself are indicated below. You need to understand that if the date of execution is not indicated, the act will not be considered valid.

Certificate of delivery (return) of residential premises

The act of delivery (return) of residential premises (hereinafter referred to as the “Act”) is necessary for the Landlord (the person transferring the residential premises for rent) and the Tenant (the person receiving the residential premises for rent for a fee) to record the actual return of the residential premises from the lease .

The act is not an independent document and acts as an integral part of the rental agreement for residential premises .

In the proposed template of the Act, it is possible to determine : (1) the condition of the returned residential premises; (2) a list of household appliances, furniture and other utensils returned along with the residential premises; (3) indicators of light, gas, hot and cold water meters; (4) possible disadvantages of the living space and much more.

Please note that this Act cannot be used :

(1) for the transfer of residential premises for rent to an individual for the purpose of subsequent residence in it. In this case, it is necessary to use the Certificate of Transfer of Residential Premises for Lease.

(2) upon the actual transfer of real estate (trade sites, buildings, structures and non-residential premises) or movable property for rent for purposes not related to the residence of individuals. In this case, you must use the Property Lease Transfer Certificate.

(3) for the return of real estate (trade sites, buildings, structures and non-residential premises) or movable property from the lease and termination of the concluded lease agreement. In this case, you must use the Certificate of Return of Property from Lease.

How to use the document

This Act can be used by the Landlord and the Tenant to legally formalize the fact of the return of residential premises from rental (lease). The developed Act template is suitable for any rental agreement for an apartment, room or other residential real estate .

In order for the Act to have legal force, it must be signed by both Parties , and also sealed if the Landlord and/or Tenant are legal entities.

The proposed draft Act can be used by lawyers, employees of legal departments of state and private enterprises and companies, individuals or individual entrepreneurs independently for the purpose of legally recording the fact of the return of residential premises from rent.

Applicable Law

The act of delivery (return) of residential premises was drawn up in accordance with the requirements of practice, as well as with the application of the norms of the Civil Code of the Russian Federation.

How to change a template

You fill out the form. The document is created before your eyes as you answer questions.

Upon completion, you will receive it in Word and PDF . You can change it and reuse it .

Inventory of property for the lease agreement

The lessor can make an inventory of the property in this appendix to the contract in advance, either typewritten (in MS Word) or with a simple pen. as many items as possible in the transfer deed of residential premises

household appliances located in the apartment;
furniture;
interior items.

The employer, in turn, must check the functionality and absence of external mechanical damage on the rented devices and interior items.

If any defects are discovered, it is necessary to add the nature of the visible damage for each item at the time of acceptance, and put dashes in the empty columns.

This is required so that the landlord does not add non-existent elements and does not accuse his counterpart of theft or damage when transferring housing during check-out. It would be a great help to have photographs taken by each party upon check-in.

This action should not be neglected, because immediately after signing the contract, the tenant becomes financially responsible for the safety of the transferred movable property.

We sincerely hope that you will find a respectable tenant who will regularly pay for the rental housing provided. It is better if you forget about it immediately after signing this form, because you will not need it in the future. But if the tenant damages the residential premises or steals something, you can recover the full cost from him in court, based on this act of acceptance and transfer of residential premises.

With such competent legal preparation of the transaction, the judge is guaranteed to side with you. However, do not forget that if you are not going to register the agreement with Rosreestr, it should be concluded for a period of up to 11 months, otherwise it will be declared invalid.

Also, do not forget about declaring your income and submitting reports to the tax office, otherwise in court you will be justified for organizing illegal business activities.

Briefly about the rental agreement

In Chapter 35 of the Civil Code of the Russian Federation you can find all the legal information on drawing up a rental agreement. The tenant can only be an individual, and the landlord, as a rule, is housing funds. The term of the rental agreement must not exceed 5 years. If the document does not indicate the period of employment, then by default it will be 5 years.

The parties may terminate the contract. At the initiative of the tenant, this can be done at any time (with 3 months’ notice to the landlord), and at the initiative of the landlord - through the courts in some cases. They are listed in Art. 687 of the Civil Code of the Russian Federation.

Only one citizen can be the tenant of the premises. If he will live with other citizens (family members, for example), then they must also be indicated in the contract.

At the time of handing over the keys to the residential premises, it is customary to sign a transfer and acceptance certificate of the property.

Design features

If the act is an integral condition of the residential lease agreement, then its preparation must necessarily be contained in the terms of the agreement being concluded, and the act itself must indicate by virtue of the execution of which agreement it is being drawn up.

If the drawing up of an act is not reflected in the agreement, then the act itself shall indicate the contractual relations that became the basis for drawing up this act.

If the time of drawing up and signing the act for some reason does not coincide with the very fact of handing over the keys to the apartment to the tenant, then this should also be reflected in the act.

Important! Before signing the acceptance certificate, it is necessary to carefully inspect the apartment, including the furniture, household appliances and plumbing fixtures located in it. Check their functionality. Otherwise, you will have to compensate for the damage caused if the detected defects are not reflected in the act.

To complete the compilation, you can indicate not only the condition of the housing as a whole, but also its individual components - doors, windows, walls, balconies, etc.

Peculiarities of drawing up the act of acceptance and transfer of an apartment for rent

The deed of transfer to a residential lease agreement has some features:

The landlord, who has signed the deed of transfer to the residential lease agreement, confirms the fact that there are no claims against the tenant and the full transfer of funds.
The tenant, in the deed of transfer to the residential lease agreement, signs that he has accepted the property in a condition that suits him and has no claims against the landlord.

IMPORTANT. After the act is signed by the parties, the tenant is responsible for maintaining the lessor’s property in proper condition and cleanliness; if the property is delivered in an unsatisfactory condition, different from that described in the act, the lessor has the right to demand compensation for losses from the tenant in full.

The procedure for signing the act of returning the apartment to the rental agreement

The process of drawing up a rental agreement is regulated by the Civil Code of the Russian Federation, in particular Article 671. Drawing up an act of return of the apartment is not a prerequisite for signing a rental agreement. The legislation does not have a specific standard form for this act. This act is drawn up together with the act of transferring the apartment for temporary use.

The acts are drawn up with the consent of the parties when signing the main agreement and are printed in duplicate. If drawn up correctly, it subsequently provides a guarantee that the residential premises will be returned in the same condition in which they were handed over for use. The act is also used for early termination of a tenancy agreement. Only after the parties sign this act is it considered that the owner of the residential premises has no claims against the tenant.