Seven mandatory points in a rental agreement

Agreement with realtor

Today it is not so difficult to find a rented apartment without intermediaries. Aggregators like Avito.ru or Domofond.ru will help with this. If you decide to use the services of realtors, you should carefully study the terms of the contract.

First of all, pay attention to the subject of the agreement , which should include not only the selection of an apartment, but also guarantees in case in the first months you are forced to leave the apartment you occupy not through your fault, but, for example, due to conflicting and inadequate owners. In this case, the agency is obliged to choose another option, and such an obligation must be enshrined in the terms of the contract.

Rights and obligations of the parties

What are the rights and obligations of the parties?

Owner:

transfers the dwelling in a condition suitable for living in it;
maintains such a state during the validity period of the document;
provides residents with utilities;
carries out major repairs of premises and utilities.

The owner has the right:

to ensure that the tenant pays rent and fulfills other obligations stipulated in the contract by the parties within the agreed time frame;
allow or prohibit the tenant to temporarily or permanently accommodate third parties not mentioned in the document, except for minors, in a rented home.

Read our article about the rights and responsibilities of a landlord.

Employer:

uses housing exclusively for living;
protects from third parties;
maintains the home in its original condition and performs routine repairs;
pays rent to the landlord and utility bills on time.

The tenant has the right:

to ensure that the owner of the apartment fulfills his promises;
place minors in rented housing without the consent of the owner.

You can learn about the rights and responsibilities of tenants, as well as what they must pay for, on our website.

Ownership verification

When concluding the actual rental agreement for an apartment, you need to make sure that it is the owner who puts his signature, and not some third party (or even a fraudster). Ownership is confirmed by an extract from the Unified State Register of Real Estate. If there are several owners, then it is necessary that all of them confirm their agreement with the rental agreement.

In addition, you should look at the extract from the house register, which, in addition to the owner, indicates the persons registered in the living space. When concluding a rental agreement, permission must be obtained from all persons over 14 years of age. The most reliable thing is to obtain a notarial permit.

Commercial rental agreement for residential premises

In the commercial lease agreement in accordance with paragraph 1 of Art. 686 of the Civil Code, it is also possible to replace the tenant at his request or at the request of citizens permanently residing with him (in contrast to a social tenancy agreement, in which such a replacement is allowed only at the request of a capable family member of the tenant). In any case, to replace the tenant, the consent of the landlord is required. The refusal of the landlord to replace the tenant with another person in this situation cannot be challenged in court. However, in the event of the death of the tenant or his departure from the residential premises, the obligatory relationship of housing tenancy in accordance with paragraph 2 of Art. 686 of the Civil Code may be preserved if the employer’s place is replaced by either one of the citizens living together with him (with the consent of the other residents), or all of them become co-tenants (in the absence of such consent).

Obligatory relations from a commercial lease agreement

Obligatory relations from a commercial lease agreement are preserved in cases of transfer of ownership of occupied residential premises, since the new owner becomes a lessor under the terms of a previously concluded agreement (Article 675 of the Civil Code). Thus, it is possible to replace the lessor as a consequence of the presence of the “right to follow” these “encumbrances” on the ownership relationship of the leased property, which is characteristic of property relations, including housing tenancy (rent).

By agreement between the parties to a commercial lease agreement, any of its terms may be changed, unless there is a violation of mandatory norms of law. The absence of a detailed regulation of changes in commercial tenancy relations by law is explained by the fact that here the relations of the parties, in accordance with the principle of freedom of contract, are determined mainly by their agreement.

Upon expiration of the concluded commercial lease agreement, the tenant has a pre-emptive right to conclude it for a new term. The implementation of this right presupposes certain actions of the lessor (Article 684 of the Civil Code). No later than three months before the expiration of the contract, he is obliged to either offer the tenant to conclude a contract on the same or different terms, or warn the tenant about the refusal to renew the contract due to the decision not to rent out the premises for at least one year.

Failure of the landlord to fulfill this obligation (in the absence of the tenant's refusal to renew) entails the following consequence: the contract is considered renewed on the same terms and for the same period. Certain consequences are also provided for in the event that the landlord fails to comply with his decision not to rent out the premises during the year he used to refuse to renew the contract: the tenant has the right to demand invalidation of the contract concluded by the landlord with another person and (or) compensation for losses caused by the refusal to renew with him agreement (part 4 of article 684 of the Civil Code).

Accommodations

All everyday issues should be discussed before signing the contract, and the most critical points should be recorded on paper.

Is it possible to live with pets? Is smoking allowed indoors? Is it possible to remove some of the furniture and bring your own? Is it allowed to accommodate guests and for how long? How will the repairs be carried out and how will the owner reimburse the cost if the contract is terminated? How and when will the tenant transfer payment to the owner?

Even if the answers to these questions seem obvious to you, it is still better not only to ask them, but also to record the agreements in the appropriate document.

Deadlines

This document is signed for a long period .

Agreements on short stays (hotel services) are regulated by RF PP N 490 dated 04/25/1997, and Rostourism order N 86 dated 07/21/2005.

The provisions of the Civil Code and the Housing Code do not apply to them.

You can learn about the features of a long-term apartment rental agreement, as well as how to conclude a short-term one, on our website.

According to Article 683 of the Civil Code (clause 1), a contract in private housing. The fund is concluded for a period of no more than five years . If a specific period is not specified, it is considered to be five years.

When the agreement expires, the tenant has the right to renew it as a matter of priority. No later than three months before its end, the landlord offers him to maintain or change the terms of the agreement or demands that he vacate the property. Read our article about how to extend or change a residential lease agreement. You can also download a sample additional agreement on our website.

If he has not done this, the agreement is mechanically extended on the old terms for the same period.

Pledge and inventory of property

As a rule, the rental agreement specifies that a traditional security deposit in the amount of one month's rent has been made, which can either go towards the last month of occupancy or be used to compensate for damage caused to the premises.

An ideal appendix to the rental agreement would be a complete list of property (furniture and household appliances) located in the apartment (with notes indicating which furnishings are new and which are used, and also indicating the cost of compensation in case of damage). If you see defects in furniture and decoration, you should take photographs and make appropriate notes in the contract.

This procedure will help preserve the guarantee payment, which should be returned to you after termination of the contract.

Concept

registration of the landlord’s entrepreneurial activity in order to rent out an apartment .

The concept of hiring applies only to individuals .

The landlord enters into a rental contract with a legal entity. However, housing under such a document can only be used for people to live in it (more details in our article).

The lessor in a private housing stock is a person who has the right, on the basis of legal documents, to dispose of this premises by renting it out.

They have the right to be a capable person who has legal status on the territory of the Russian Federation. Citizenship, lack thereof, and property status do not play a role.

Rent

One of the main terms of the contract will be the amount of monthly rent, the timing and procedure for its transfer to the owner. In addition, the conditions for increasing the monthly rent should be separately specified. For example, that indexation is possible once a year, but not more than 10%.

The procedure and amount of payment of utility bills is also important Typically, all current meter payments (for water, electricity, internet) are borne by the tenant, and the rest of the rent - for heating and maintenance of the common property of the house - is borne by the owner. It’s a good idea to specify in the contract who pays for the concierge’s services.

What is the subject of the agreement?

How to create this document? The owner rents out the living space for use for a fee. It describes what a dwelling is : room(s), separate apartment, individual house, part of it.

Indicated:

floor;
listing and area of internal premises of housing, balconies, built-in wardrobes, electrical, plumbing and other equipment;
general house equipment;
utilities and household services provided to the tenant;
terms and responsibility for safety;
if part of an apartment (house) is rented out, then those who still live at the same address have the right to use the shared premises.

The landlord rents it to the tenant, members of his family, and he receives rental housing for the purpose of living in it together with the individual indicated by them. persons. For this, the employer regularly pays an agreed amount . You can find out what the payment includes in our article.

An individual house, separate apartment, or room(s) are considered suitable

The parties do not have the right to consider part of the room (the so-called bed) as an object of rental, since it is not a residential premises by law.

The law does not impose restrictions on the size of privately rented living space, rent or number of residents.

However, according to the latest edition of No. 5242-1FZ, registration of citizens in a home who do not intend to live in it entails administrative or criminal penalties.

Details of the parties

The rental agreement must be signed by both the landlord and the tenant. The papers are drawn up in two copies, and each party must have the original. It is necessary to indicate the names and surnames of all parties to the agreement, as well as passport details.

It is better to attach to the contract copies of two pages of your passport with your name and registration. If conflicts arise that require resolution in court, such documents will help find the defendant.

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Requirements for content and form

The document is in simple written form and has the following content:

Name.
Date of.
Locality.
Parties: Full name passport details
Subject of the agreement.
Rights.
Responsibilities.
Responsibility.
Term.
In what order is it changed and terminated?
Other.
Registration procedure (if necessary).
Number of copies, their location.
Signatures.
Registrar's notes.

Everything about the rental agreement for residential premises in a private housing stock: concept and sample