Short-term (daily) rental agreement for an apartment. Sample

Country real estate attracts city dwellers and allows them to escape from the hustle and bustle. However, the landlord, the owner of the house and land, has to think about how to legally secure the integrity of the property and draw up a competent house rental agreement. , which first caught my eye, and taking it as a model and basis would be a rash decision. The document must specify absolutely all possible risks borne by the tenant and the landlord, as well as establish financial responsibility for the property, furniture and equipment located in the cottage and in the local area.

Owners should know: when a house is rented out by a legal entity, a lease agreement for the house and the land plot is drawn up. If the rental of residential real estate occurs between individuals, a rental agreement form is required.

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SHORT-TERM RENTAL AGREEMENT OF RESIDENTIAL PREMISES (daily apartment rental)

____________ "__" _____________ 201__
_____________________________ , 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:

SUBJECT OF THE AGREEMENT

1.1. The landlord rents out an apartment for a short term at the address: ____________________________,

a The Tenant accepts the specified premises for a fee for use for residential purposes.

CALCULATION PROCEDURE

Due date from “___” _____________ 201__ by "___" _____________ 201__

2.1. Payment for accommodation is made by the Tenant in a lump sum upon check-in or by transfer to the Landlord's bank account one day before the check-in date.

2.2. Rental cost ___________ rub./day total ________________________________ rubles. (amount in words)

2.3. An advance payment of ________________________________________ rubles was made. ( Suma in cuirsive)

RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. The employer is obliged:

3.1.1. Use the residential premises only for residential purposes,

3.1.2. Follow the rules for using the residential premises and keep the premises in order.

3.1.3. The tenant guarantees the safety of the premises with the property located in it, as well as furniture and floor coverings. The signing of this agreement is also a confirmation that the above household appliances were accepted in good condition.

3.1.4. The Tenant is obliged to compensate the Landlord for losses caused in the event of damage to the residential premises or transferred property (furniture and equipment).

3.1.5. The Tenant is responsible to the Lessor for the actions of people living with him or members of his family who violate the terms of this Agreement.

3.1.6. Move-in and check-out times are specified additionally at the time of conclusion of this Agreement

3.1.7. The Landlord has the right to inspect the rented residential premises and property for safety and sanitary condition, having previously notified and agreed upon the time of the visit with the Tenant.

TERMINATION OF AN AGREEMENT

4.1. After payment is made, the contract is considered valid for the period specified in the contract.

4.2. The parties are obliged to notify the other party of termination of the contract 1 day before the Tenant's move-in date.

4.3. In the event of termination of the contract at the initiative of the Tenant after the period specified in clause 4.2., the advance payment in the amount of the cost of one day of accommodation is not returned.

4.4. At the request of the Landlord, this Lease Agreement may be terminated early in cases where the Tenant:

- uses the premises with a significant violation of the terms of the Agreement or the purpose of the premises or repeated violations;

- significantly deteriorates the residential premises or property of the Landlord.

4.5. At the request of the Tenant, the Lease Agreement may be terminated early in cases where:

-The Landlord creates obstacles to the use of residential premises and property in accordance with the terms of the Agreement or its purpose;

— The residential premises transferred to the Tenant have disadvantages that prevent their use, which were not specified by the Landlord when concluding the Agreement.

4.6. The Agreement may be terminated by the Parties if during its validity there is a significant change in the circumstances from which the Parties proceeded when concluding the Agreement.

LIABILITY OF THE PARTIES UNDER THE AGREEMENT

5.1. Responsibility for failure to fulfill obligations under this agreement arises in accordance with the agreement and the current legislation of the Russian Federation

5.2. All disagreements regarding the main terms of the contract are resolved either by joint settlement or by going to court.

5.3. In case of non-fulfillment or improper fulfillment of the terms of the contract, the guilty party compensates the injured party for the losses that it suffered.

5.4. The parties are not liable in the event of force majeure circumstances.

FINAL PROVISIONS

6.1. The parties exercise their rights and obligations in accordance with this agreement and the legislation of the Russian Federation.

6.2. In the event of a disagreement between the parties between the Tenant and the Landlord regarding the subject of the agreement, the parties will make every effort to resolve them through negotiations.

ADDRESSES AND SIGNATURES OF THE PARTIES

Lessor _____________________________ Tenant ______________________

Download the document “Short-term rental agreement for residential premises”

Concept

An inventory of property refers to the process of listing items located on the territory of the premises being rented out and having material value, as well as the document itself, which is obtained as a result of such listing.

The main purpose of drawing up an inventory is to minimize the risk of disagreements between the tenant and the owner.

The completed inventory will be useful for both parties:

  • the owner of the property, using an inventory, ensures the safety of the transferred property, and in the event of its damage or disappearance, receives evidence for compensation of losses;
  • the tenant, in turn, as a result of drawing up such a document, insures himself against the fulfillment of unreasonable demands for the return or payment of what was not in the apartment at the time of delivery.

The document can be drawn up at the initiative of any party to the contract, the main thing is that the information entered corresponds to reality.

It is advisable to use one of the following options:

  1. The owner invites the future tenant to the apartment, and a list of transferred property is drawn up in his presence. This will help avoid disagreements regarding the availability, quantity and quality characteristics of the transferred property.
  2. The owner draws up the inventory individually, and when transferring the apartment for use, all described property is checked by the tenant for availability and condition. This option allows the tenant to save time.

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DEPOSIT AGREEMENT

__________________ “____”______________20__
Mr(f)________________________________________________________________________________

passport: series ________ No.________________ issued________________________________

_________________________________ date of issue ___________________ code __________,

hereinafter referred to as the “Depositor”, on the one hand,

and Mr. _____________________________________________________________________ passport: series__________ No. ____________ issued by ________________________________ _________________________________ date of issue _________________________________, residing at the address: _______________________________________________________

_____________________________________________________________________________,

hereinafter referred to as the “Designee”, on the other hand, have entered into this

agreement on the following:

Subject of the agreement

1.1. The Depositor received from the Depositor an amount in the amount of _______________________ (__________________________________________________________)

rubles as a guarantee of fulfillment of his obligation to conclude a rental agreement for residential premises, the monthly rental fee for which is __________________

(___________________________________________). The residential premises are located at: __________________________________________________________

_____________________________________________________________________________.

1.2. The amount specified in clause 1.1 is transferred by the Depositor to the Depositee on account

payment due for renting a Residential Premises and is included in the rental price

Residential premises.

1.3. The Lender is obliged to make payment for the Rental of Residential Premises during the term of this Agreement.

1.4. In the event of the Depositor’s refusal, the amount contributed as a guarantee for the fulfillment of his obligations to conclude the agreement remains with the Depositor.

1.5. If the Depositee refuses to rent out the Residential Premises described in clause 1.1, he shall pay the amount specified in clause 1.1 as a guarantee of its fulfillment

obligations to conclude an agreement is returned to the Depositor in double amount.

Duration of the Agreement

2.1. This Agreement comes into force on the year "_____"_________________ and is valid until the year "____"____________________.

Additional terms

3.1. This Agreement is drawn up in two copies - one for each of the Parties.

3.2. __________________________________________________________________________

____________________________________________________________________________.

Signatures of the parties

Depositor _________________________ Depositor ______________________

Download the document “Agreement on deposit when concluding a residential lease agreement”

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Individual entrepreneur rents out an apartment/house: features of contractual relations

The existing legislative framework provides two opportunities for renting out housing:

  • On behalf of an individual;
  • On behalf of an individual entrepreneur (IP).

You can also transfer your housing to trust management, but we will leave this option out of the question for now. If you have many properties or you rent out an apartment by the day, then most likely the state will expect you to register in the form of an individual entrepreneur and conduct business activities.

In other cases, the landlord has a choice. How to make it? – Weigh the pros and cons.

Individual entrepreneurIndividual
Pros:
· 6% taxes instead of 13% is always nice

· If you already have an IP, then you can “use it to benefit”

Pros:
· No need to register anywhere

· You can use all the benefits when selling an apartment (if you have owned it for more than 5 years)

· One personal income tax return is submitted and tax is paid once (for the previous year)

· You can use personal income tax benefits: for example, social deductions and property deductions - very useful if you recently bought a home and especially with a mortgage

· No problems with receiving payment in cash or by card

· If necessary, you can formalize the relationship in the form of “free use” - this is not prohibited for individuals

· If you rent out an apartment to a company, it will pay the tax for you as a tax agent, and you do not need to file a declaration

Minuses:
· The biggest disadvantage: you may lose tax benefits when selling an apartment if you rented it out on behalf of an individual entrepreneur, and the losses will be much greater than the gains from taxes. See here for more details.

· Social payments will have to be paid even if there is no rental income

· You cannot register for “free use” (free rent) - that’s why an entrepreneur is an entrepreneur, to earn income

· Receiving payment in cash is not very convenient - you need to fill out additional documents

· If you are not registered as an individual entrepreneur, you will have to register. This is not very difficult, but it will take 1-2 days “to do everything”, and the process will take up to 5 days

· It is practically impossible to properly arrange a deposit for the last month

· The volume of reporting and organizational tasks (such as reporting to Rosstat) is growing. You have already been exposed, so there may be checks, etc.

· To receive payment by bank transfer, you may need to open an individual entrepreneur account in a bank, and these are the costs of banking services

Minuses:
· 13% taxes instead of 6% is always unpleasant

· If you already have an individual entrepreneur, then most likely you will have to submit two declarations - both for individual entrepreneurs and for personal income tax

Important: personal income tax is paid for the previous year, but payments to individual entrepreneurs must be made throughout the year. So it won’t be possible to decide “in hindsight” who you were - an individual entrepreneur or just an individual. As you noticed, the main advantage of an individual entrepreneur is purely financial. For a more detailed analysis of the financial side of the matter, you can use the calculator developed by the “Correct Rent” project , which allows you to compare in detail the rent on behalf of an individual and an individual entrepreneur using the example of Moscow. For example, if you rent out an apartment for 15 thousand, then personal income tax will be more profitable than individual entrepreneurs.

So, if you decide to rent out an apartment as an individual entrepreneur and find a tenant, then you need to conclude an agreement. Where can I get the text? – There are many free versions of contracts on the Internet. Some of them are quite detailed, some are short and contain many “omissions”, and some are simply contrary to the law. However, examples of contracts on behalf of individual entrepreneurs are not easy to find.

It's good that there are two options.

Exit 1 – take the contract for an individual and slightly modify it. The main changes are:

  1. The type of contract does not change. If you rent to an individual, then this is hiring. If you rent to a legal entity, then this is a lease.
  2. Landlord/lessor details. For individual entrepreneurs, you must indicate the OGRNIP, INN, the date of registration of the individual entrepreneur, as well as bank details (if available);
  3. Accepting payments. It is carried out non-cash to an account or card or in cash, and is issued in accordance with the law (currently by check or using BSO);
  4. Taxes. It is necessary to indicate that the rental amount is indicated without VAT, and the lessor is not a VAT payer due to the fact that he uses the Simplified or Patent Taxation System (STS or PSN);
  5. Accordingly, the tenant-legal entity will not be a tax agent (for individual entrepreneurs); The individual entrepreneur pays taxes himself.

If you are not confident in your abilities, then Exit 2 is to use a contract template developed specifically for individual entrepreneurs. The “Correct Rent” project in the contract store offers contracts for individual entrepreneurs with comments , which allows you to use the contract as a basis and adapt it to your needs.

And finally, finally: if you took the exam as an individual and decided to take it as an individual entrepreneur, or, on the contrary, decided to “leave the individual entrepreneur,” then keep in mind:

  1. If within one year you have played two roles, you will have to submit two declarations - both personal income tax and simplified tax system (or pay for a patent for the simplified tax system).
  2. In any case, the contract will have to be concluded “again”, in a new capacity. It may be similar in content, but the features listed above must be taken into account.

Good luck in renting your home, and follow the real estate and rental news from the “Correct Rent” project.

Still have questions? – consult with a Portal lawyer

Are you renting or renting a home? We will help!

On our Portal you can:

  • Absolutely free
  • Buy rental and lease agreements for individual entrepreneurs for all occasions and additional items. agreements with comments from our lawyers in the agreements store (from 100 rubles)
  • Is your case “more complex” and the standard contract template does not suit you? – our lawyer will draw up a lease agreement for you, tailored to all your needs.
  • We can also register an individual entrepreneur for you, select the optimal form of taxation and take care of accounting issues. You can watch it here

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A simple rental agreement for a private house on 1 sheet

If the house is rented to close people or you do not want to delve into the intricacies and write scrupulous wording, then it is permissible to draw up a simple agreement for individuals. Land rent also includes the cost of payments. Here are the most necessary points that provide legal protection for both parties to the transaction.

Form of a simple agreement

This sample house rental agreement is fraught with hidden danger and incomplete vulnerability, but if you are confident in the person renting the residential property, you can safely conclude it. It is completely legitimate and suitable for applying for subsidies. We hope our samples and forms were useful to you. If you have any questions about drawing up a house rental agreement, ask them in the comments.

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