Drawing up a transfer and acceptance certificate for premises upon termination of a lease or rental agreement, sample document

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return of the apartment to the rental agreement No._______ dated “___”___________20__.

_______________ “____”________________20__
_______________________________________________________________, hereinafter referred to as the Lessor, on the one hand, and _______________________________________________________________, hereinafter referred to as the Tenant, on the other hand, have drawn up this act on the following:

1. In connection with the expiration of the lease agreement for the apartment located at the address: ________________________________________________________________, hereinafter referred to as the Apartment, the Tenant transferred and the Landlord accepted the Apartment, the keys to the Apartment, as well as the Property in accordance with the Certificate of Transfer of the Apartment and Property from “____ »______________20__

2. The condition of the Apartment during the period of temporary paid possession and use by the Tenant has deteriorated beyond the normal wear and tear and depreciation rate, including:

_________________________________________________________________________________________

_________________________________________________________________

3. The serviceability, taking into account natural depreciation, and completeness of the Property located in the Apartment corresponds to what is listed in the Certificate of Transfer of the Apartment and Property, including:

_________________________________________________________________________________________

_________________________________________________________________

4. At the time of signing this act, the Tenant guarantees the absence of claims from third parties in connection with the temporary paid possession and use of the Apartment and Property by the Tenant, as well as the absence of debts for the use of subscriber telephone No. _______ - ____ - __________ and for other payments provided for in the rental agreement.

5. Due to the identified deterioration in the condition of the Apartment, malfunction and (or) incompleteness of the Property, the Tenant compensated the Landlord for property damage (damage) caused to the Apartment and Property in the amount of _____________ (__________________________________________________________).

6. The Lessor returned to the Tenant the amount specified in clause 3.5. rental agreement, minus the above payments, as well as for ___________________________________________________________________________

______________________________________________________________________________, which amounts to the amount of _____________ (________________________________________________)

Lessor: _____________________________________ ___________________________________

surname, first name, patronymic in full signature

Employer: ________________________________________________________________

surname, first name, patronymic in full signature

Download the document “Act of return of the apartment to the rental agreement”

For what violations can Russian citizens be evicted from an apartment, house, or room?

Owner

Firstly, the owner of the living space can be evicted only in two cases:

• upon voluntary discharge (this happens when the apartment is sold, and subsequently the transfer of ownership occurs in favor of the buyer);
• forcibly, but only by court decision (clause 2 of Article 235 of the Civil Code of the Russian Federation).

Grounds for eviction:

1. Use of housing in violation of the law. This refers to the grounds listed in Art. 293 of the Civil Code of the Russian Federation, when the owner:
   uses the living space for other purposes (for example, for commercial activities);
2. violates the rights and legitimate interests of neighbors;
3. allows the destruction of housing (mismanagement, non-compliance with sanitary and epidemiological standards).

The issue of eviction is decided by local governments, and they are assigned the right to file a lawsuit in court.

4. Debts for housing and communal services . This option is possible, but in the event that the owner of the residential premises owns another living space, or the apartment is taken out on a mortgage and is formally still under collateral (details on whether they can be evicted from an apartment due to debt for housing and communal services, a mortgage and other loans, read here).
5. Mortgage debt . The fact of having a mortgage can be considered as “incomplete” property, because the property is secured by the bank until the loan is repaid. In case of non-payment, the creditor has the right to take away the property in his favor.
6. Redevelopment in the apartment . Any change regarding the demolition of walls must be agreed upon with the authorized bodies. Redevelopment can threaten the collapse of the entire house, and this, in turn, causes harm to neighbors (we talked in detail about how to evict neighbors who interfere with life here).
7. Demolition of emergency housing . If the owner or other resident does not want to leave the premises, he is evicted by a court decision with the provision of similar living space.

Read more about whether the owner can be deprived of housing and on what grounds, read here.

Other persons

It is much easier to forcibly evict non-owners. In some cases, a court decision will not even be required.

1. Eviction of tenants (Article 619 of the Civil Code of the Russian Federation) and tenants (Article 687 of the Civil Code of the Russian Federation) due to violation of the terms of the contract (can tenants be evicted in winter?). Such disputes are considered in court, since an agreement was concluded, and the violations themselves include:
   failure to pay within 6 months of rental housing or more than two times in a row upon expiration of the term for rent or short-term rental;
2. destruction or damage to living space;
3. subletting or subletting of living space without the consent of the owner;
4. use of the premises for other purposes (for commercial purposes, etc.).
5. Eviction of illegal occupants. Persons who continue to live after the expiration of the rental agreement, a former spouse after a divorce (if the living space is not joint property), unwanted relatives, etc. may be considered illegal. There are several ways:
   involvement of a local police officer (he draws up an eviction act based on the lack of registration at the place of summons in the passport);
6. a court decision, including with the participation of the prosecutor (if the first method did not help, because in this case a pre-trial procedure is required).
7. Eviction of a former spouse (how to evict a former and current spouse, cohabitant?).
   If the ex-spouse not only lives, but is also registered at this place of residence, he can be discharged and evicted, but only by court decision (if he does not agree to this voluntarily). The difficulty may lie in the lack of other housing, then the court, considering the ex-spouse a relative, will refuse to evict and leave him at his place of residence (usually for up to 1 year).

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For what purpose is it written?

Unlike the contract, which is clearly provided for in Art. 651 of the Civil Code of the Russian Federation and which must always be drawn up in writing, the return act is not one of the mandatory documents . Moreover, in itself it has no legal force - it only serves as an annex to the agreement.

However, this act is provided for in Art. 655 of the Civil Code of the Russian Federation (for those cases when the law or agreement does not say otherwise). In practice, it is absolutely necessary. Using it, the parties:

• Confirm that the tenant has transferred the non-residential premises back to the landlord. This means that the tenant has fulfilled his obligations in this part, and there can be no claims against him regarding unreasonable use of the property. In addition, if the leased property itself was transferred under a transfer and acceptance certificate, then the return must be formalized in the same way.
• The condition in which the premises are returned is recorded. This is especially important if there is a possibility that during the rental process the object may have been subject to wear and tear or some other operational evidence. By signing the act, the parties either agree to consolidate their agreement regarding the condition of the returned object - or record that there is a dispute between them in this regard.
• Resolve the issue of improvements made. In long-term leases, it is common for the tenant to be responsible for repairs to the property - and may end up making improvements that become an integral part of the property. As a result, it may be difficult to recover their cost. By fixing them in the act, the parties thereby lay the basis for further negotiations.

A correctly drafted act allows you to either completely avoid further disputes, or put them in a constructive direction and determine the possible positions of the parties.

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Complete vacation of premises after termination of their lease agreement

As noted above, the return of rental property to the lessor requires that it be restored to its original condition. This rule applies not only to the premises, but also to the tenant’s property located in it.

Recent tenants quite often forget their property at the rental property or are in no hurry to pick it up, believing that they are not interfering with the operation of the premises. This action is erroneous, since the presence of the tenant’s property in the premises after termination of the lease agreement becomes the basis for charging rent for the actual use of the property. The accrual rate in this case is equal to the rent for the full period of maintenance of the tenant's property in the rental premises.

It should be noted that the landlord has the right to retain property abandoned by the tenant until the rental amount is paid in full. Those. While there are proceedings in the arbitration court or out-of-court negotiations between the tenant and the landlord, time works for the property owner, since the amount of such rent will only increase.

It is equally important not only to remove the property from the previously rented premises, but also to return the property to the tenant. Precedent from judicial practice: ruling of the Supreme Court of the Russian Federation No. 307-ES17-21118.

If you do not return to the landlord the full set of keys received upon concluding the lease agreement, then the owner of the property has the right to charge fees for the actual use of the premises. Since the tenant has access to the premises (the keys have not been returned to them), then he has the opportunity to use this property, which means he must pay rent.

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Execution of a court decision

In accordance with Art. 210 of the Code of Civil Procedure of the Russian Federation, the decision must be enforced within 1 month, unless an appeal is filed . That is, the defendant has time to comply with the decision voluntarily, leave the premises and check out, if there was registration.

But if the defendant does not leave the premises within the period established by the decision, the execution of the sentence is carried out by a bailiff, to whom a writ of execution is handed over.

Performance list

In accordance with Art. 428 of the Code of Civil Procedure of the Russian Federation, the office of the court in which the claim was considered issues the plaintiff a writ of execution after the decision comes into force, which he, in turn, must hand over to the bailiff. At the request of the plaintiff, the writ of execution may be submitted to the FSSP immediately . If the plaintiff has not responded in any way to the obligation to pick up the writ of execution, the court itself sends it to the bailiff after three months.

The writ of execution contains the following information:

• case number;
• date of decision;
• name and address of the court;
• the essence of the statement of claim (eviction) and information about the defendant;
• the operative part of the decision;
• the date of its entry into force.

After the sheet reaches the bailiff, enforcement proceedings are initiated against the defendant.

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• Standard contract for the rental of residential premises in state and public housing stock buildings in the RSFSR (approved by the Post of the Council of Ministers of the RSFSR dated September 25, 1985 No. 415) (as amended and supplemented by July 23, 1993)
• Resolution of the head of the admin. Arkhangelsk dated February 23, 1996 No. 35 on the social rental agreement for residential premises
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