Draw up a rental agreement for residential premises or rent an apartment in 2021

Many people are interested in how to draw up an apartment rental agreement or choose a residential rental agreement. Not everyone knows the difference and features of the documents in question, although almost everyone was forced to deal with them. For example, do you need to check documents for an apartment before leaving your autograph? This is a mandatory condition that can protect you from the machinations of scammers who rent out or rent premises that are not their property. It is clear that representatives of the owner can also rent out an apartment, but then checking sample documents is doubly necessary in order to avoid scammers and not become a victim of unscrupulous property owners.

Draw up a lease or rental agreement for residential premises

A social tenancy agreement for residential premises and an apartment rental agreement are completely different documents. Although they have similarities, they are quite different in many ways. The first difference is regulation by law. But let's first figure out what type of document we should be talking about, given the circumstances.

You can draw up a rental agreement for residential premises if an apartment, house or room is rented by an individual. And rent is used if it is planned to use non-residential buildings, or if residential premises are rented by a legal entity.

In ordinary life, few people think about the correct use of the terms in question. For example, realtors call renting an apartment by an individual a lease, not a lease, drawing up an agreement using the wrong term. But this small confusion can create serious problems if lease and rental agreements are confused, since the law uses different forms of control for these documents.

Hiring and renting differ in the purpose of using the premises and who acts as the tenant. When talking about the term “hiring”, we can only think of a living room that is rented by an individual. If we consider the concept of “rent,” then we are talking about commercial properties, or residential premises rented by a legal entity. face.

The law provides more protection to ordinary people who rent property. When moving to a new apartment, you need to draw up a social tenancy agreement, samples of which are not difficult to find on the Internet. This will protect you from troubles. For example, hiring implies more requirements for the quality of the property - it must be comfortable for life. But rent can be used for a variety of premises, including those that are impossible to live in due to their neglected condition.

The difference in the moment of cancellation of the contract is very important. An employer can quickly and painlessly terminate a social contract if he notifies the landlord three months in advance. Moreover, it is not necessary that this condition be stated in the contract. But the tenant will not be able to do this. The lease agreement can be terminated through the court if the document does not mention the possibility of an out-of-court procedure. This includes renting a commercial property.

Who can be parties to the contract?

The names of the participants in such transactions are determined by law. The person transferring the premises is called the lessor.
And the one who accepts it is called an employer. Now let's take a closer look at who can join on each side. In all cases, only property owners can act as lessors. They conclude transactions independently or through their authorized official representatives.

Thus, an apartment belonging to a municipality is leased by the relevant department of administration, and the agreement itself is signed by its head or another person entitled to do so.

Actually, under social and specialized rental agreements, it is the premises of the municipal or state fund that are transferred, so the relevant bodies and officials are the landlords.

As for commercial rentals, the landlord can be any legal owner of the premises. The tenants of the premises can be citizens, since they are intended only for residence.

What should be in a residential rental agreement

You can draw up a rental agreement for residential premises between individuals if you are satisfied with the conditions in the real estate. Even if the keys to the apartment have already been handed over and its owner has nominally given permission to stay here, this does not yet give the right to live in the property in question. This right is given by the lease agreement. But it is quite troublesome to compile. The first step is to check the documents of the owner and his representative (if there is one). If you ignore this part of the deal, unpleasant news may be revealed. For example, that they tried to deceive you, and the apartment has no connection with the person trying to rent it out.

What happens in this case? You'll usually be lucky if the owners simply evict the unlucky tenants. But they may consider that a break-in has occurred, and they will have to further deal with the police. For example, figure out how to prove that you were deceived into drawing up illegal sample contracts. Even if there is a contract, it will be invalid because the document was concluded with people who do not have any right to the property in question.

Of course, legal proceedings can be started, and most likely they will be started. But as a result, the tenant will still leave the premises. Naturally, one cannot count on a physical return of the security deposit under such circumstances, since the owners did not receive it. Even if the apartment was rented out by one of the spouses, there may be nuances, especially if the property belongs to the spouse or was purchased during marriage. In this case, the spouse did not have the right to personally give away a physical object that was not his alone.

If the social contract of employment was signed by a representative, check whether the power of attorney has expired. Does this power of attorney extend to the possibility of signing an agreement or only to showing the property to potential tenants who are looking for a residential apartment option?

When all checks have been completed successfully and the parties have proven their reliability, a rental agreement can be drawn up. But the document itself must be drawn up correctly and contain the following points:

Subject of hire;
Security payment;
Payment and other expenses;
Responsibility;
Transfer and acceptance certificate;
Other information.

If you have any questions, you can hire a specialist who will correctly draw up document samples and monitor the security of the transaction.

Pros and cons of such a deal for the landlord

The following are the advantages of long-term rental:

Stable income.
Minimal investment of time and effort compared to daily rental of real estate: in the latter option, clients will have to be constantly looked for, and the housing regularly put in order.
Properties intended for long-term rental usually do not require as many repairs as in the case of short-term rentals. Short-term apartments usually cost more and the requirements for them are higher.
Easier to find tenants.
If the outcome is favorable, you will have to visit the tenants no more than once a month.

Disadvantages of long-term rent:

Difficulties in terminating a deal. Sometimes when tenants are evicted, the matter ends up in court.
The cost of renting housing for a long time is lower than for a short period.
The rent can only be increased with the consent of the tenants.
If early termination is necessary, the owner will have to pay compensation.
Signing a long-term agreement involves paying tax on the income received.

There are several types of apartment rentals and each of them needs to be properly formalized. On our website you can read about the features of free commercial rent, as well as the features of hiring office, specialized, mortgage housing and part of an apartment.

Long-term rental of apartments carries fewer property risks than short-term rental. It provides a stable income and requires less attention and time. At the same time, this type of lease also imposes great responsibility: the tenant acquires his rights under the contract, which cannot be violated.

Subject of hire in a rental or lease agreement

The subject of hire and rental means the premises for rent, as a commercial physical object. As a rule, there are no problems with its presence, but if you want to play it safe, it is still better to check whether the property address is indicated correctly in the document.

It is also important to pay attention to the correct wording. For example, if you are renting an entire apartment, the sample document should include a note that the apartment is being rented. The wording “living premises”, “living space”, etc. should be excluded from all samples of the social contract. For rent, you can use the concept of “commercial property”.

Be sure to check whether the contract indicates the area of a residential apartment or commercial building, and whether it corresponds to real figures. The exact parameters are contained in the certificate of ownership.

How to rent a house for a long time?

The most popular way to search for apartments is through online bulletin boards and specialized real estate portals. There are plenty of offers in this resource, but most of them (about 80%) are from intermediaries. This means that you will have to pay an additional amount for the services of realtors. Most often this is half the cost of a month's rent. But the security of a transaction through an intermediary increases.

If a person uses the services of a real estate agency, then the realtor is obliged, together with the owner, to show the apartment, answer questions of interest, and then help with the execution of the contract. In addition, the intermediary must check the documents confirming ownership.

To successfully rent an apartment for a long time, you should adhere to the following rules:

There is no need to pay a realtor or make a down payment to the owner before signing the agreement. If you are asked to pay earlier, this should alert you: the intermediary can only provide information services and not enter into contracts. In addition, there is a risk of falling for scammers.
It is important to check the ownership documents and the owner’s passport. It also wouldn’t hurt to find out if there are other owners.
It is mandatory to conclude a lease agreement indicating the landlord's passport details, property address and information about the tenant.
When contacting a real estate agency, you need to pay attention to its reputation. Reliable intermediaries usually have a proven client base.
If a person is looking for housing on his own, a very low price should alert him: he should probably expect unpleasant surprises. So, the apartment may be located in an old house, in a bad location, or require renovation. Sometimes household appliances or furniture are missing.
Before looking at the proposed option, it is better to ask in detail about the living conditions and location.
When viewing, it is recommended to pay special attention to the serviceability of household appliances, furniture and plumbing equipment. Also check the documents and carefully study the proposed contract.

Security deposit under a lease or lease agreement

Usually, before the transaction is completed, the tenant pays a deposit to rent the premises. If this happens, when drawing up the contract, it is necessary to include a clause regarding the financial contribution in question. This item may have different names. For example, “about a deposit”, “guarantee payment”, “security payment”. The amount of the contribution is negotiated additionally, but usually it is identical to the monthly payment for the property.

The main thing you need to pay attention to when you want to draw up an agreement is under what conditions the security deposit will remain with the owner of the apartment. This amount is insured by him in cases where the violator is the renter. For example, if the tenant violated the conditions specified in the contract (does not pay on time) or if he damaged property in the apartment (broke something).

If you leave the premises ahead of time, the contract can indicate that in this case the payment must be returned. It is not necessary to meet a time frame for the owner to find a new tenant. But if property damage occurs, it will not be possible to return the deposit for a residential property. That is why, when drawing up an agreement, it is so important to clearly state in which case the money will be returned, and in which case it remains with the owner of the residential apartment.

If you move unexpectedly, you can use another form of punishment. For example, a fine . But the security deposit has a reserve nature and can be used if the apartment is damaged or commercial properties are not paid on time.

When an apartment rental agreement between individuals or a rental agreement is signed, the concepts of deposit and advance are sometimes encountered, implying a security payment. But these concepts are different and their incorrect use can be harmful, since contributions will be returned in different cases and under different circumstances. So let's decide.

We have relatively understood what a security deposit is. This is a payment that is used as a reserve for the property owner if tenants cause damage to the property or violate the terms of the contract. If there were no violations, the owner must return this money upon termination of the rental agreement. If this reserve counts towards the last month's rent, it does not need to be returned.

An advance is a type of payment that will be credited as part of subsequent payments for the property if the transaction goes well. And if the lease or rental agreement is not signed, the owner returns the advance.

The deposit is considered the most stringent insurance payment. To use it you will need to draw up an additional agreement. If a person, after wanting to rent or lease a property, refuses the transaction, the deposit will remain with the person whose apartment is owned. And if the owner refuses the deal, he not only returns the deposit, but also pays it double. The deposit will help ensure that the owner is serious about the deal and is not entering into an agreement with multiple people.

Nuances of rental transactions

This type of agreement differs from others in several ways. First of all, this concerns its subject. The object of the transaction is only a separate premises suitable for permanent residence.

It is also characteristic of social and specialized hiring that the transaction itself is formalized on the basis of a decision made by a municipal (state) body. There are also some peculiarities when using transferred premises.

Agreements for the transfer of housing for use by other persons have their own nuances. First of all, they relate to the premises being transferred.

Landlords must provide separate, habitable premises, and tenants must ensure their safety.

You can find out how a rental agreement differs from a rental agreement by watching the video:

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Discussion: 3 comments

Mokina Sveta says:
02/16/2018 at 11:59
But we did not begin to understand the intricacies of this agreement, and when we realized that until we understood all the points, we would not sign, we hired a specialist in a legal office, who explained everything to us. Very comfortably.
Answer
Larisa says:
03/09/2020 at 01:35
In fact, there is nothing complicated about renting housing; you just need to remember that such an agreement can be terminated at the request of one of the parties and agree on how much notice to give about this in order to avoid surprises.
Answer
Anna says:
05/24/2020 at 14:28
When we rented an apartment, the landlady gave us a printed rental agreement. We signed it, but did not have it sealed or certified by a lawyer. Therefore, this document was in fact a piece of paper. And this is what most people do here. And then difficulties arise with tenants.
Answer

Payment and other expenses

When drawing up a lease or rental agreement for residential premises, the question of not only paying for it, but also financing related needs almost always arises. For example, telephone, Internet, not to mention electricity, water, gas and more. The social contract must specify who will pay to ensure that the property remains suitable for people to live in. Especially if it is a residential property.

All these payments are usually combined under one capacious name - rent. These are all utilities that must be covered regardless of whether it is a rental or social rent. The contract must indicate exactly how they will be calculated. For example, according to meter readings or the number of residents. It is also important to find out whether the owner of the property has utility debts. If this is not done and the amount of the debt and the terms of its repayment by the owner are not specified in the contract, there is a chance that you will have to pay everything out of your own pocket. The countdown of the communal apartment should begin from the moment the social acceptance certificate is signed, and not from the day the apartment is occupied.

Sometimes a building may need renovation. When trying to draw up an agreement, you need to indicate who is responsible for it. If the contract does not contain information about cosmetic repairs, it must be done by the tenant at his own expense, and if we are talking about capital work, they are carried out by the landlord. It is also advisable to indicate in the contract which repairs are considered current (correction of cracks, insulation of window openings, plastering), and which major repairs (work on load-bearing structures).

What should you pay attention to?

If a person is looking for housing for long-term rent, then he should approach the selection and viewing of real estate extremely responsibly. Even if you really liked the apartment at first glance, it is important not to miss a single detail that could affect your comfort in the future. To ensure that renting a home does not become a disappointment, before searching, you should draw up the basic requirements and conditions for choosing an apartment :

Price.
Location. This could be a district, a specific street, a metro station, and so on.
House (new building, Brezhnevka, Czech, Khrushchev, etc.).
Having your own boiler room in the house.
Courtyard (parking, children's playground).
Infrastructure (presence of a clinic, kindergarten, school, supermarkets, gym, etc.).
Floor (are you considering the outer floors or only the middle ones).
Neighbours.
Number of rooms in the apartment.
Availability of furniture and household appliances.
Balcony.

Responsibility of the parties under a residential lease agreement

The parties are equally responsible for compliance with the terms of the concluded agreement, but even if the parties are responsible, unforeseen circumstances may arise. For example, you may be late in paying for an apartment through no fault of your own, but because the property owners were abroad or there was a failure at the bank, due to which the money was not credited to the account on time. If such cases are indicated in the contract, in the future, this will save you from headaches.

Payment can be in cash or by bank transfer. To avoid misunderstandings, it is worth pointing out that if a non-cash payment is used, the day of its deposit will be considered the date when the money was debited from the account, and not the moment when it was received. Since the law does not have clear regulations on this issue, you can solve the problem in any convenient way.

An important point is the possibility of termination of the drawn up social contract due to the fault of the person whose apartment caused the dispute. For example, he must pay a fine if he asks to terminate the contract early without warning. The same responsibility may lie with the lessee under whose terms the lease was concluded.

The tenant is responsible for the safety of the property that the landlord leaves in the apartment. It must be indicated in the transfer and acceptance certificate indicating the degree of preservation. Before drawing up this document, you can even take a photo. When terminating the contract, you need to check the safety of all items, and if there is damage, act in accordance with the prescribed conditions.

As an example, consider a sample residential lease agreement.

Essential (mandatory) conditions

Terms of the rental agreement

For any contract, its essential (mandatory) conditions are determined. They must always be included in the contract, otherwise it cannot be recognized as concluded. For all transactions, this condition is the subject. It is this that distinguishes one type of transaction from another.

For hiring, the subject is the transfer of premises for use to other persons for the purpose of residence.

Given the purpose of providing premises, they must meet certain conditions. The rental object can be houses, apartments and even rooms, the main thing is that they can be used for living.

To do this, they must meet several criteria:

isolation (separate rooms with a separate entrance);
suitability for permanent safe and comfortable living.

As for the remaining conditions, they are additional in nature and are designed to better regulate the relations of the parties to the transaction.
The contract usually contains provisions on the mutual obligations and rights of the parties, the procedure for its amendment, termination, dispute resolution, terms and fees. However, employment contracts are usually concluded without specifying terms, and are not always compensated.

Transfer and Acceptance Certificate

It is very important to draw up not only an agreement, but also an act of acceptance and transfer of real estate, a sample of which is presented below. Having signed it, the employer must be responsible for the safety of both the object itself and all items left in it.

For the lease to be valid, the document must provide the following information:

Date of. It is from this date that the apartment receives a new responsible person. Anything that happens to the living space after this date is considered the responsibility of the tenant.
Description of a residential apartment or non-residential property . It may repeat what is said in the contract regarding area, address, number of rooms and floor.
Condition of the property . The rental property must be in good condition. Especially if it is residential. All defects must be included in the act. Even if it's a small crack on the wall, etc.
Items left by the renter. All items must be described in detail, especially if they are damaged. It is important that the owner signs for each defect, otherwise there is a risk that the person who damaged them will have to pay for damaged items.
The number of keys that the renter provides.

To correctly draw up an act, use the following sample as a guide:

How to avoid possible risks?

When renting out housing for a long period, the owner risks facing unfair treatment and damage to the property. There is a possibility of causing damage to third parties (for example, due to flooding of neighbors or fire). There are situations when tenants commit crimes: theft, deliberate arson, etc. But a long-term lease deal is difficult to terminate.

To protect himself, the landlord needs to draw up a competent contract, as well as a detailed act of transfer of property. The agreement must specify the degree of responsibility of the tenant for damage to property in the apartment or for causing damage to the property of third parties (neighbors).

Insurance will help reduce risks from unforeseen circumstances. In addition, it is recommended to outline the procedure for unilateral termination of the contract, as well as responsibility for late payment of rent.