To ensure legal protection of property and the rights of citizens, it is necessary to draw up a competent and correct rental agreement for a room in an apartment. or the form would be too simple, because We do not live in a standardized world and each case is individual. It is strongly recommended that you study the forms and templates provided and adjust them to suit your goals and objectives. It is much better if you do this with a lawyer.
It is also necessary to make a rather important note: a lease agreement is concluded when both or one of the parties are legal entities. If both parties to the transaction are individuals, then they enter into a rental agreement.
In the article you can download samples for a privatized, communal apartment or dormitory, as well as learn the main nuances when drawing up a template.
What is a “payment schedule”
The term “payment schedule” hides the dates, conditions, amounts that the customer or buyer must transfer to the contractor or supplier for services provided or work performed.
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The payment schedule can be daily, weekly, monthly or random. It must stipulate the form of transfer of funds: through “cash” from hand to hand, through wire transfers, by depositing at the cash desk, on deposit, etc. The schedule is always drawn up in the form of a table and is preliminary in nature.
As follows from the very essence of the document, it is not an independent form, but serves as an annex to any agreement: sales and purchases, leases, loans, etc. The schedule confirms the obligations arising from one subject of contractual relations to the second, recording them in writing.
Completed sample contract with comments
The header indicates the city where the rental agreement is drawn up and the date. The tenant and the landlord, who is the owner or has the right to dispose of the residential property by power of attorney, are included. We make sure to check all the papers for the apartment and enter the document on the basis of which the room is rented. This may be a certificate of ownership, or an extract from the Unified State Register. We include all cohabitants as in the example, including pets, so that in the future there will be no unnecessary reasons for eviction.
A very important nuance will be the term of the room rental agreement: if both parties to the transaction are individuals, then it is better to conclude it for up to 1 year. Then it will not have to be registered with Rosreestr and unnecessary bureaucracy will be avoided.
Some citizens deliberately sign it for 11 months in order to avoid paying taxes. But you need to understand that if the information that you are renting out housing gets into the tax office, you will have to pay a fine, in addition to the tax on hidden income.
As for rights and obligations, under the lease agreement the living room is transferred to the tenant from the date specified in clause 2.1. This will be considered the date of check-in. Otherwise, there are standard requirements for the landlord: provide access to the room, hand over the keys, protect against possible actions of third parties and come and check no more than once a month, having previously notified you of your visit.
The list of requirements for the employer is longer:
- he bears full financial responsibility for the furniture and property transferred along with the residential premises;
- does not sublet or sublet the room;
- does not have cats, dogs or other animals without consent;
- does not carry out alterations, repairs, replacement of locks and covers, etc.
This lease agreement is worked out quite scrupulously in terms of payments. Edit it according to your needs, because... very strict language is used here regarding security deposit and collateral. As for utility bills, as a rule, if a room in an apartment is rented and there are no separate meters for each room, they are paid by the landlord, the owner of the premises. They must be included in the rent. If it is possible to split payments, these conditions are prescribed individually. In our situation, we put dashes, because Housing and communal services are paid by the landlord.
The liability section reflects the terms of termination and provides satisfaction in the event of a violation by one of the parties to the room rental agreement. If there are other owners in the apartment besides the owner, he guarantees that they have given their consent to this.
Special conditions convey methods for resolving disputes in accordance with the law, if it is impossible to agree otherwise. In addition, it is stated here that all responsibility for the premises and property lies not only with the tenant, but also with his cohabitants, written down in the first paragraph of this sample rental agreement. The final action will be to sign your signatures with a wide wave of your hand and fill out your passport information.
Why do you need a payment schedule?
The role of the document is quite simple and at the same time significant: it not only records the periods and exact dates of payments, but also disciplines the parties.
The contractor is forced to deliver goods or services on time, and the customer is also forced to pay for them on time.
In addition, the schedule is often used in cases where the agreement involves fairly large sums of money that are difficult to pay at once. An installment plan, issued in the form of a payment schedule, allows you to solve this problem.
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The document is completely edited. What does it mean?
What could he be like?
The payment schedule can be strictly established or flexible. In the first case, the dates are written in an order that is convenient for both parties to the contract, agreed upon, approved between them, but any deviation from the schedule automatically leads to penalties, which are also specified in advance in the contract. In the second case, the schedule depends on deliveries or provision of services, that is, within a certain period after the goods arrive or the service is performed, money must be paid.
Participants and terms of the residential rental agreement
The legislator clearly defined the official concept of a contract in Part 1 of Art. 671 Civil Code of the Russian Federation.
This agreement is concluded between the owner of the residential premises or his authorized representative, who is called the landlord, and the other party - the tenant, according to which the owner provides possession and use of the residential premises to the tenant for a certain cost, for living in it.
IMPORTANT. The conclusion of a rental agreement for residential premises is carried out only with an individual. As for organizations, residential premises can be leased to them on the basis of a lease agreement and can be rented out under the terms of another agreement. When the form is filled out, it indicates that the legal entity is using housing to provide it to citizens.
The contract must contain the following terms:
- The object of this agreement is residential premises and its description.
- The agreement specifies the tenant's right to use common property in an apartment building, however, failure to indicate this right in the agreement does not cancel it.
- The drawn up agreement specifies the rights and obligations of the parties, the rental period, and payment for the ownership and use of housing.
Design features
Like the format of the document, its design can be free. This means that the graph can be drawn by hand or printed on a computer, although in the second case it will need to be printed. For the graph, a regular sheet of paper or a form with company details and a company logo is suitable.
The schedule, as an additional annex to the agreement, should be assigned a separate number. Information about it must be entered in a special accounting journal, in the same place where information about all concluded agreements and annexes to them is entered.
The document is made in two absolutely identical copies, one of which is transferred to the customer or buyer, and the second remains with the contractor.
The schedule must be drawn up extremely carefully, taking into account the interests of both parties and carefully calculating all the subtleties of the terms of the contract. It should be remembered that if a situation suddenly arises with a delay in payment, this document may become part of the evidence base, both from one side and the other.
Rental agreement for a room in a communal apartment
Before concluding a lease agreement, you should take into account the legal status of the communal property:
- If a room in a communal apartment is privatized, then it can be rented out without any problems, because... its owner is an individual.
- If it is not privatized, then the consent of the owner should be obtained. Most often, this is a municipality or state that manages real estate under social rental conditions. The tenant here can only sublease or rent out a room. In this case, it is necessary to obtain the consent of the local administration and neighbors.
This form serves as an excellent example of legal literacy and allows you to bypass the most sensitive and complex issues that may arise during the rental process. An important factor is compliance with the living space standard in a communal apartment - at least 12 m2 per person.
Sample payment schedule
If you are faced with the task of creating a payment schedule that you have never encountered before, look at the example below and read the comments to it - based on them, you will certainly do what you need without much difficulty.
First of all, it must be said that from the point of view of drawing up a schedule, it is not particularly difficult and no special knowledge is needed to draw it up.
- At the top of the form, indicate its number (as an additional annex to the agreement), enter the actual indication of the agreement, noting its number and date of conclusion.
- Next, enter the date the schedule was created. If you consider it important, you can provide information about the organizations between which contractual relations have been established and indicate their details.
- After that, go to the main section. First, enter here the full amount that must be transferred in the order of execution of the contract and the final date for repayment of the debt.
- It is best to do the next part in the form of a table, which includes the dates of payments, their size, as well as the balance of the debt. If necessary, you can supplement the table with other columns and rows that you consider important in your particular case.
- After the schedule is finally completed and agreed upon, it must be certified by the signatures of representatives of both parties and stamped.
Rental agreement for a room in an apartment
If the subject of the lease is a room in an apartment that is owned, and it is rented out by one individual to another, then a standard rental agreement is concluded. You can download the sample below. There is nothing supernatural when filling out this form, but it is worth highlighting the main subtleties and pointing out the key points.
Room rental agreement (pdf) Sample, completed form (pdf)
Important: in order not to register the transaction in Rosreestr, rent between individuals is concluded for a period of up to 11 months. You can also draw up a transfer and acceptance certificate to ensure the integrity of furniture, equipment, property and housing that are rented