Many people these days do not have the opportunity to purchase their own housing and are forced to rent apartments. In order not to become a victim of scammers when renting housing, you need to correctly draw up a rental agreement.
Differences between renting and renting residential premises
A lease agreement between individuals or a lease does not have a significant difference in concepts. Both agreements involve the rental of housing for temporary use for a set fee. All essential and other conditions are the same for both types of documents.
In the rental agreement, the owner is designated as the lessor, and the renter is designated as the tenant. This is regulated by paragraph 1 of Art. 671 of the Civil Code of the Russian Federation. For a lease agreement, the owner is designated as the lessor, and the party renting the premises is the tenant, according to Art. 606 of the Civil Code of the Russian Federation.
There is a significant difference in the concepts of leasing and hiring for legal entities. A legal entity can receive living space only in accordance with the lease agreement, as specified in paragraph 2 of Art. 671 Civil Code of the Russian Federation. Moreover, a legal entity can use a rented apartment only for its intended purpose, that is, for the residence of citizens.
The difference is the mandatory registration of the lease agreement, since a document drawn up for a period of more than 1 year comes into force and is considered concluded only from the moment of state registration. The rental agreement is considered concluded from the moment of signing. But, there is a nuance, in accordance with Part 2 of Art. 51 of the Law of July 13, 2015 N 218-FZ. The encumbrance of rights to the property of the premises being rented, which arises under a rental agreement concluded for more than a year, is subject to state registration.
The term for concluding a lease and rental agreement is also different. A housing lease, if the term is not specified in the document, may be indefinite, and the parties have the right to terminate it at any time. If a specific rental period is not specified in the contract, it is limited to five years.
A significant difference is the subject of the lease and rental agreement. In a rental agreement, the subject can only be residential premises, while it is possible to rent premises with a “non-residential” purpose.
Rules for drawing up a lease agreement between individuals
A rental agreement for residential premises between individuals is concluded for a period of no more than 5 years, and the rental agreement can be indefinite.
Conditions for early termination
Both parties to a rental agreement may terminate the agreement unilaterally with prior notice to the other party within the period specified in the document. Termination by mutual consent is also possible at any time.
If the owner decided to terminate the contract early, then he can do this through the court for the following reasons:
- The apartment was not used for its intended purpose;
- The employer has violated the essential or other conditions specified in the document;
- Damage was caused to the rented premises due to the fault of the tenant;
- Rent has not been paid on time more than twice or is systematically delayed;
- Other reasons.
The employer may also terminate the contract early if:
- The landlord has not provided housing or is preventing people from living in the apartment specified in the contract;
- The apartment has defects and shortcomings that affect the quality of living, which were not reported by the landlord;
- The apartment has become unusable due to reasons beyond the control of the tenant;
- Other reasons.
Responsibilities of the parties
In this paragraph, the parties to the contract must specify fines, penalties and legal liability for failure to fulfill the terms of the contract. They also indicate in detail the procedure for terminating the contract, the amount of compensation for losses, and the procedure for resolving disputes.
Additional terms
Additional terms of the agreement come into force at the moment of signing this document. For a lease agreement to additional conditions include:
- Specify the purpose and determine the conditions for using the housing;
- Establish responsibilities for maintaining the apartment;
- If the apartment lease expires, if the landlord is satisfied with everything, then the renting party has an advantage over other tenants to re-enter the lease agreement;
- The apartment with all attached property must be returned in the same condition, taking into account normal wear and tear, unless otherwise provided by this agreement;
- The acquired property in the process of renting an apartment at the expense of the tenant is only his property, and after the expiration of the lease period he has the right to withdraw it.
You can also draw up an additional report on the condition of the housing being rented out, the property in it and its condition. This will help avoid disputes at the end of the lease.
Sample apartment rental agreement between individuals
Drawing up a rental or rental agreement is not difficult. To do this, you do not need to contact a notary. It can be drawn up in free written form, or you can use ready-made samples.
Hire and lease agreements are two fundamentally different legal terms. According to clause 1 of Article 671 of the Civil Code of the Russian Federation, an agreement for the rental of housing implies the provision of real estate by the owner to an individual for a fixed fee for the purpose of living. Within the framework of such a document, the tenant does not have the right to sublet the premises or use it for personal gain in any other way.
Article 671 of the Civil Code of the Russian Federation. Residential rental agreement
- Under a residential lease agreement, one party - the owner of the residential premises or a person authorized by him (lessor) - undertakes to provide the other party (tenant) with residential premises for a fee for possession and use for living in it.
- Legal entities may be provided with possession and (or) use of residential premises on the basis of a lease or other agreement. A legal entity may use residential premises only for the residence of citizens.
An apartment rental agreement governs the relationship between the owner of the property and the legal entity that will be the tenant. Also in paragraph 2 of Art. 671 of the Civil Code of the Russian Federation states that a legal entity can use the provided housing directly for the residence of persons specified in the agreement. This agreement excludes the pursuit of commercial and any other purposes on the part of the tenant.
ATTENTION: Legal relations between the owner of the rental property and the tenant will be regulated in accordance with the provisions of Chapter. 34 Civil Code of the Russian Federation. As for employment agreements, Sec. 35 Civil Code of the Russian Federation.
Why do you need to draw up an agreement with your tenants before renting them out?
A tenancy agreement is a document that regulates the relationship between the tenant and the landlord. In such a document, both parties initially spell out all the terms of the transaction being concluded, which later helps to avoid unforeseen circumstances. The most common causes of conflict are:
- The condition of the property and premises at the time the apartment was returned to the owner. To protect yourself from conflict situations, when signing a rental agreement, you should take photographs of the furniture and basic decoration of the apartment.
- Financial calculations and increase in rental costs. The standard agreement contains a clause that the owner of the property can increase the rental price no more than once a year. However, this requirement can be changed at the request of the parties.
- Payment of utility services. Nowadays, utility bills increase every six months, and heating receipts can completely baffle a tenant. Therefore, before renting an apartment, you should definitely familiarize yourself with the amount of additional payments. The ideal option would be for the tenant to pay only the meter readings.
Differences and nuances in design
There are several types of contracts used to provide housing for rent or lease:
- Preliminary rental agreement for residential premises.
This form of agreement is considered additional and is concluded at the request of the parties. In its content, such an agreement must fully comply with the main lease agreement, otherwise the main document will not have legal force. The preliminary agreement must contain the following information:
- Subject of the transaction (room, apartment, house, etc.).
- Details of the parties.
- Rental cost per month.
- Information about collateral, deposit and other additional payments.
- Rights and obligations of the parties to the agreement.
- Inventory of property.
- Date of conclusion of the main lease agreement.
A preliminary agreement may be concluded at the initiative of one of the parties to the transaction, for example, in order to fix an advance payment. This is done in cases where the date of the transaction and the date of moving into the apartment do not coincide. Such a document can be replaced with an advance agreement or a receipt.
- Model (standard) rental agreement.
Such agreements have a prescribed form and are considered the main document regulating the relationship between the participating parties. Typically, this type is used for long-term lease transactions. The document states:
- Name, address and registration details of the real estate provided for rent.
- Passport details of the parties to the transaction.
- Duration of the agreement.
- Check-in date.
- Rights and obligations of the parties in accordance with the Civil Code of the Russian Federation.
- The procedure for financial settlements, rental costs, additional payments.
- Inventory of property.
- Additional terms of the transaction.
At the request of the parties, a standard rental agreement can be supplemented with special agreements: an act of transfer of keys, a statement of transfer of money, a receipt for the transfer of security deposits, and so on. Such attachments are not mandatory, but will be legally binding once signed.
ATTENTION: In accordance with Art. 609 of the Civil Code of the Russian Federation, all rental agreements must be registered with the relevant authorities. An exception will be documents that state that the premises are provided for a period of less than 12 months.
However, this clause does not include transactions between an individual and a legal entity, as specified in clause 3 of Art. 609 of the Civil Code of the Russian Federation.
Article 609 of the Civil Code of the Russian Federation. Form and state registration of the lease agreement
- A lease agreement for a period of more than a year, and if at least one of the parties to the agreement is a legal entity, regardless of the term, must be concluded in writing.
- A real estate lease agreement is subject to state registration, unless otherwise provided by law.
- A property lease agreement, which provides for the subsequent transfer of ownership of this property to the lessee (), is concluded in the form provided for the purchase and sale agreement of such property.
- Simplified (short) tenancy agreement.
The simplest form of rental agreements. Such a document specifies only the basic terms of the transaction; it can be drawn up in any form by hand and will have legal force after signing. When writing, you should indicate the following provisions:- What is available for rent?
- Who are the parties to the agreement?
- Rental cost per month.
- Duration of the contract.
- Inventory of property.
As for the rights and obligations of the parties, it should be indicated in a separate paragraph that they will be regulated in accordance with the Civil Code of the Russian Federation, you can refer specifically to Chapter. 34 and chapter 35. If desired, the owner and tenant can add additional rental conditions to the document. However, one should be careful here, because if they do not meet the requirements of the Civil Code and the Criminal Code of the Russian Federation, then the entire agreement will subsequently be declared invalid.
- Indefinite.
An open-ended document is a standard rental document that does not specify the rental period. This form of agreement is permitted by Art. 610 of the Civil Code of the Russian Federation, where this type of contract is called “concluded for an indefinite period.” The main difference from other types of employment agreements will be the termination clause.
Article 610 of the Civil Code of the Russian Federation. Duration of the lease agreement
- The lease agreement is concluded for the period specified in the agreement.
- If the lease term is not specified in the agreement, the lease agreement is considered to be concluded for an indefinite period.
In this case, each of the parties has the right to cancel the agreement at any time, notifying the other party one month in advance, and in the case of leasing real estate, three months in advance. The law or agreement may establish a different period for warning of termination of a lease agreement concluded for an indefinite period.
- The law may establish maximum (limit) terms of the contract for certain types of lease, as well as for the lease of certain types of property. In these cases, if the lease period is not specified in the agreement and neither party has canceled the agreement before the expiration of the deadline established by law, the agreement is terminated upon expiration of the deadline.
A lease agreement concluded for a period exceeding the legal limit is considered concluded for a period equal to the limit.
In this case, the party from which the initiative comes is obliged to notify the second party-participant three months in advance. The exception will be when the document initially stipulates a shorter period.
Read about how to properly arrange the rental of an apartment, and tips on drawing up an agreement can be found in.
Does the document have legal force?
A housing rental agreement will become valid when it has been legally drafted and does not contain conditions that contradict the Civil Code and the Criminal Code of the Russian Federation. Even if the homeowner signs a document for a period that is subject to mandatory registration and does not register it, the document will still be valid. However, in this case, the owner of the premises will face problems with the tax service.
A document that incorrectly contains the passport data of the parties to the transaction, the registration number of the property or its address may be declared invalid. If the document contains errors in indicating the area of the apartment, floor number, interior decoration, this is not a sufficient basis for invalidating the document.
ATTENTION: In Art. 674 of the Civil Code of the Russian Federation states that any rental agreement must be concluded in writing. Therefore, all oral agreements and additional conditions will not have legal force. But the written form of the agreement can be either standard or arbitrary.
A receipt for the transfer of housing for rent will also not be considered a rental agreement., but only an application to it.
In what cases is it considered invalid?
There are several reasons for invalidating an employment agreement:
A rental agreement is a mandatory document accompanying any rental housing transaction. It can only be concluded in writing and will regulate the relationship of the participating parties in accordance with the legislative framework of the Russian Federation. This document is an excellent opportunity for the owner to secure his rights and his property. For the tenant, this is a chance to avoid illegal actions and claims from the landlord.
Agreement
short-term rental of residential premises
RENTER-______________, passport __________, issued by _____________, and
HIRER - __________________________________________________ (FULL NAME.),
Year of birth, year of birth. G.________________________________________,
passport series ____ N _________________, issued "___" _________ 20___ __________________________________________________________________________,
(Passport issued by)
collectively referred to as PARTIES, have entered into this agreement as follows:
I. General conditions.
1.1. The Landlord provides the Tenant and those specified below in this
Agreement to persons for temporary paid use of residential premises, consisting of
________ isolated furnished rooms with a total area of ___________________
in a ___room apartment at the address: ______________________________ (hereinafter referred to as the Premises), the characteristics and technical condition of which are given in the Acceptance Certificate for the Premises.
1.2. The premises are transferred to the Tenant for use for a period of ___ calendar months, i.e. until _________20___ inclusive. This period may be extended by written agreement between the Lessor and the Tenant.
1.3. The premises are rented to the Tenant exclusively for residence and it is prohibited to use rooms and common areas for other purposes, as well as sublease them, move in temporary residents or provide them for use by other persons. Violation of this prohibition is an unconditional basis for termination of this Agreement and eviction of the Tenant.
1.4. Together with the Tenant, the right to reside and use the Premises has ______________________________________________________________________________ (full name)
passport series ____ N _________________, issued "___" _________ 19__ _______________________________________________________________________________
(Passport issued by)
1.5. The tenant is responsible for the actions of those living with him as if they were his own. In the event of the death or early departure of the Tenant, the persons mentioned in clause 1.4 of this Agreement have the right, by agreement with the Landlord, to assume all rights and obligations under this Agreement. The transfer of rights and obligations is formalized in writing.
1.6. In the event of the death of the Landlord, this Agreement terminates, and the Tenant is obliged to vacate the Premises within two weeks. The Landlord's heirs are obliged to return to the Tenant, upon his departure, the advance payment for the Premises for the period remaining before the expiration of the period for which the payment was made, with the right to withhold one month's payment until the Tenant repays all utility bills assigned to him by this Agreement.
2. Responsibilities of the Parties.
2.1.The lessor undertakes:
2.1.1. Provide the Premises to the Tenant in a condition suitable for habitation, with the furniture listed in the Premises Acceptance Certificate, no later than
________ 20___.
2.1.2. Provide a city telephone point and/or Internet connection for the exclusive use of the Tenant for the entire duration of this Agreement.
2.1.3. Provide use of a kitchen, bathroom, toilet with all relevant equipment.
2.1.4. During the entire period of validity of this agreement, do not move other persons into the apartment where the Premises is located, do not carry out repair work in the apartment, except for planned work of housing maintenance and other technical services and work necessary to eliminate accidents and their consequences.
2.1.5. Pay the utility bills assigned to him by this agreement in full and on time.
2.1.6. When the Tenant leaves, return the amount he contributed to guarantee the safety of furniture and equipment, subject to the conditions of the guarantee.
2.2. The employer undertakes:
2.2.1. Use the Premises in accordance with its purpose in accordance with Section 1 of this Agreement. Do not keep pets in the Premises without the consent of the Landlord.
2.2.2. Treat the Premises, sanitary, electrical and gas equipment, furniture with care, and ensure their safety. If faults are detected in the apartment, immediately take possible measures to eliminate them and, if necessary, report them to the Landlord and the appropriate emergency service.
2.2.3. In case of accidents, allow the Lessor and its authorized persons into the occupied Premises at any time, incl. representatives of housing maintenance and repair companies to inspect and repair the structures and technical devices of the apartment.
2.2.4. Do not reconstruct the Premises, re-equip or other repair work, replace locks, rearrange or install additional sanitary, gas and other equipment without the written permission of the Landlord.
2.2.5. Keep the premises and common areas clean and tidy, keep the entrance, staircase and other common areas clean and tidy; take out garbage, food and household waste to special places determined by the housing maintenance organization, do not allow garbage and waste that clogs the sewer system and has a corrosive effect (concentrated acids, alkalis, etc.) to be dumped into the sanitary unit.
2.2.6. Comply with fire and electrical safety rules when using electrical, gas and other appliances, do not allow the installation of homemade safety plugs, obstruction of corridors, passages, staircases, emergency exits, comply with other fire safety requirements and bear responsibility in case of their violation, including payment imposed by the relevant authorities fines.
2.2.7. Eliminate, at your own expense, damage to the Premises and the apartment as a whole, as well as repair or replace damaged plumbing, gas or other equipment, if these damages occurred due to the fault of the Tenant or other persons living with him.
2.2.8. Pay the utility bills assigned to him by this agreement in full and on time. with the presentation of paid receipts to the Landlord.
2.2.9. Allow employees of the housing maintenance organization to enter the occupied Premises to inspect the technical and sanitary condition of the apartment, sanitary and other equipment located in it, as well as to carry out the necessary urgent repair work, including eliminating accidents and their consequences.
2.2.10. Immediately notify the Lessor about accidents, leaks, fires and criminal situations that arose both through the fault and without the fault of the Tenant, in order to take urgent measures to eliminate their consequences, as well as about your temporary (more than 3 days) absence to take measures to protection of the Lessor's property.
2.2.11. Vacate the occupied Premises within the terms specified in this Agreement, and in case of early termination of the Contract - within two weeks, and hand over the Premises, furniture, sanitary, electrical and gas equipment of the apartment in good condition, in accordance with the Acceptance Certificate.
2.2.12. Pay the rental fee in accordance with the terms of this Agreement.
3. Rights of the Parties.
3.1.The lessor has the right:
3.1.1. Conduct monthly inspections of the condition of furniture, devices and premises of the apartment.
3.1.2. Require the Tenant to comply with the established rules for the use of residential and utility rooms, fire safety and electrical safety.
3.1.3. Terminate the contract early and evict the Tenant and the persons living with him without reimbursement of the advance payment for the Premises, if they destroy or use the Premises and common areas of the apartment for other purposes, damage furniture, electrical and gas appliances, plumbing, or violate the requirements of paragraphs. .1.3, 1.4., 2.24, 2.2.7, 2.2.8 of this Agreement.
3.1.4. Demand an increase in the payment for the Premises in the event of an increase in the existing payment rates for housing and utilities - by the amount of such increase, and in the event of the Tenant’s refusal - to terminate the contract with the return to the Tenant of the advance payment for the Premises, and the payment for an incomplete month is not returned, with the right to withhold monthly tariff until the Tenant repays all payments assigned to him by this agreement.
3.2. The employer has the right:
3.2.1. On your own and at your own expense, install a security alarm using the forces of the Department of Internal Affairs for the Nizhny Novgorod Region (or its subordinate departments), a fax and an additional telephone set, replace gaskets in taps, locking devices on windows. When the Tenant leaves, the installed alarm system is dismantled or, in agreement with the Landlord, the cost of the installed equipment is reimbursed to him at actual costs according to the security organization's invoices, and the installed telephone sets are returned to the Tenant provided that he installs the currently available working telephone set in its original place.
3.2.2. Retain the Premises during a temporary absence of no more than one calendar month (vacation), with payment in the usual manner, with a mandatory warning to the Landlord so that he can take measures to protect his property.
3.2.3. At any time, terminate the rental agreement for residential premises by notifying the Landlord of the upcoming departure at least two weeks in advance, with payment of a penalty in the amount of _____% of the monthly rent for the Premises.
4. Hiring fee.
4.1. By agreement of the parties, the contract establishes a rental fee in the amount of _____________ rubles per month.
4.2. This amount is paid monthly in advance no later than the ___ day of the current month for each subsequent month.
4.3. The tenant also pays the following utility costs based on actual meter readings: __________________________________________. Other utility bills and real estate taxes are paid by the Landlord.
4.4. In addition, the Tenant contributes a guarantee amount of _______________ rub. for the safety of the furniture and equipment of the apartment, which, subject to such compliance, is returned to him by the Landlord upon leaving the Premises and handing over the keys.
5. Responsibility of the parties.
5.1. If the Premises are not provided to the Tenant on time, the Landlord shall pay a penalty in the amount of 0.01% of the advance payment for the Premises for each day of delay.
5.2. If the Tenant refuses to make the next payment from among those established by this Agreement, the Landlord has the right to terminate the contract and evict the Tenant from the Premises with the return of the above-mentioned guarantee amount, provided that the furniture and equipment of the apartment are preserved, with reimbursement of the amounts paid in advance for the Premises, but withholding the penalty within the limits one-month payment amount.
5.3. When collecting from the Landlord and/or the owner of the Premises fines, penalties, penalties associated with the Tenant's violation of the rules for the use of residential premises, fire and sanitary and epidemiological safety, late payments imposed on the Tenant, these fines, penalties, penalties are compensated by the Tenant upon the first request of the Landlord, in otherwise, the Landlord has the right to terminate the contract and evict the Tenant from the Premises with the return of the above-mentioned guarantee amount, provided that the furniture and equipment of the apartment are intact, with reimbursement of the advance payment for the Premises, but withholding a penalty within the limits of one month's payment amount and the amounts of fines, penalties, penalties , as well as the next payment for electricity and telephone (subscription fee and negotiations).
5.4. The Tenant is responsible for the safety of the Lessor's property as if it were his own property.
5.5. If the Premises or the apartment as a whole, as a result of the actions of the Tenant or his failure to take necessary, sufficient and timely measures, falls into an emergency condition, then the Tenant restores it on his own, at his own expense, or fully compensates for the damage caused to the Landlord and/or the owner of the apartment.
6. Final provisions.
6.1. This agreement has been drawn up in 2 copies, one of which is kept by the Lessor, the other by the Tenant.
6.2. An integral part of this agreement is the Acceptance Certificate of the Premises.
6.3. The Agreement comes into force from the moment the Acceptance Certificate of the Premises is signed and the Tenant pays the fee for the Premises, as stated above.
6.4. Disputes regarding the execution and/or amendment of this Agreement are considered by the court at the location of the Premises.
6.5. The Tenant does not have the right to extend the Agreement beyond the period established by clause 1.2 of Section 1 of this Agreement.
6.6. In the event of the adoption of regulatory legal acts that change the rights and obligations of the Landlord or Tenant, the contract must be brought into compliance with these acts.
6.7. All changes and additions to this agreement must be confirmed by the Parties in writing.
SIGNATURES OF THE PARTIES:
Here you can view and download a template of an apartment rental agreement (tenancy of residential premises) for 2018 in a format convenient for you. Remember that you can always get our legal assistance, including filling out this form, by contacting us at the phone numbers listed on the website.
New sample 2019
AGREEMENT
RENTING RESIDENTIAL PREMISES
g. ________g “______” ________________
We, the undersigned:
1. SUBJECT OF THIS AGREEMENT
1.1. The Landlord provides the Tenant with premises consisting of ____ room(s), (in a ______ room apartment) located at ___________________, street ___________________________________ house ____ building ___ fraction ___ building ____ apartment ______ for a fee, for temporary use for residential purposes.
1.2. The premises belong to the Landlord on the basis of:
1.3 . During the entire rental period, the following will live in the apartment together with the Tenant:
__________________________________________________________________________
1.4. The rental period for the specified premises is established from _____ _____________200 ___.
by _____ ____________200___g.
1.5. If the parties agree, the term of the Agreement is extended independently.
2. RIGHTS AND OBLIGATIONS OF THE PARTIES.
2.1. THE RENTER OBLIGES:
- Provide the specified premises to the Tenant from _____ ____________ 200 __.
- Provide the Tenant with free access to the premises;
- Visit the premises no more than once a month, notifying the Tenant at least 24 hours before the intended visit ;
- Protect the Tenant from property and other claims of third parties who also have ownership rights to the rented premises.
The landlord also confirms that the premises are not under arrest, are not collateral or the subject of legal proceedings, and he is its full owner.
2.2. THE HIREER OBLIGES:
- Use this premises only for the purpose specified in clause 1.1.
- Do not sublease the premises and do not transfer the rights of use to third parties, and do not accommodate other persons without the consent of the Landlord;
- Obtain written permission from the “Landlord” to keep animals in the apartment, while the “Tenant” bears full responsibility for damage caused to the apartment by his pets.
- Do not carry out alterations or re-equipment without the written permission of the Landlord;
- Do not install any equipment (replacing locks, lock cylinders, strengthening doors, installing alarms, etc.) without the prior consent of the Landlord.
- Assume full financial responsibility in the event of your absolute fault for renting or using this residential premises and for all possible consequences of this rental or use, excluding force majeure circumstances arising in accordance with clause 5.2;
- Take full financial responsibility for all property transferred to him and located on the premises, keep it in good condition and clean.
- Comply with fire safety rules;
3. PAYMENTS AND SETTLEMENTS.
3.1. The monthly payment for the use of the premises is _____________________________________
Russian rubles, all calculations are made in Russian rubles.
3.2. In the future, payments will be made monthly, no later than ____ date of each current month.
3.3. At the time of signing this Agreement, the Tenant transferred to the Landlord an amount in the amount of ___________________________ rubles of the Russian Federation
3.4. The rent amount cannot be changed without written agreement of both parties.
3.5. Utility payments are made by____________________.
3.6. Payment for long-distance, international, mobile telephone calls, and other paid telephone services, including the Internet, is paid by _____________________
3.7. The subscription fee for using the telephone line is paid by _______________________
3.7.1. The subscription fee for on-net telephone connections according to the established tariff and invoice (emphasize: Time-based, Combined, Unlimited) is paid by _______________________
3.8. Electricity is paid for by _________________________
4. RESPONSIBILITY OF THE PARTIES.
4.1. In case of early termination of employment and termination of this Agreement, each party is obliged to notify the other party no later than thirty calendar days prior to the date of expected termination of employment.
4.2 . Early termination of employment and termination of this Agreement is possible in cases of violation by the Landlord or Tenant of their obligations under this Agreement.
4.3. In the event of early termination of this Agreement at the initiative of the Lessor, earlier than the specified expiration date, due to his personal, unforeseen circumstances, but subject to the Lessor's compliance with all of his obligations specified in clauses 1.4; 2.2; 3.2; 3.7; 3.8; 3.9, The Landlord undertakes to return to the Tenant part of the previously paid payment for the use of the residential premises for the time actually unlived, while the Landlord is obliged to allow the Tenant to live in the apartment for fifteen calendar days in excess of the paid period on a free basis.
4.4. In the event of early termination of this Agreement at the initiative of the Tenant, but subject to compliance by the Landlord with all its obligations specified in paragraphs 1.4; 2.1; 3.5, advance rent for unlived, prepaid days is not returned to the Tenant.
4.5. For late payment of rent, the Tenant shall pay penalties at the rate of 1% of the overdue amount for each day of delay. In case of delay in payment for more than ten days, the Lessor has the right to terminate the Agreement unilaterally
4.6. The parties mutually checked personal documents and documents confirming the right to dispose of this apartment.
4.7. The Landlord confirms the consent of the persons registered or having the right to dispose of this apartment with the terms of this Agreement, and also that this premises has not been sold, not mortgaged, is not the subject of a legal dispute and is not under arrest.
4.8. The parties confirm that they are familiar with all the terms of this Agreement, fully agree with them and are personally responsible for their compliance.
5. SPECIAL CONDITIONS
5.1. If disputes arise that are not provided for by the terms of this Agreement, the Lessor and the Tenant resolve them independently by mutual agreement or in the manner prescribed by law.
5.2. In the event of force majeure circumstances, namely: the introduction of martial law or a state of emergency, natural disasters, changes in current legislation that make it impossible for the parties to fulfill their obligations under this Agreement or significantly affect their fulfillment, as well as other force majeure, the parties are not liable for the fulfillment of its obligations under this Agreement.
5.3 . Listed in paragraph 1.3. of this Agreement, persons living together with the Tenant bear all obligations for its execution on an equal basis with the Tenant.
5.4. This Agreement is drawn up in ______ copies having equal legal force, one for each of the parties.
6. ADDITIONAL CONDITIONS.
________________________________________________________________________________
Electricity meter readings on the date of entry ________________________________________________________________________________
7. SIGNATURES OF THE PARTIES.
____________________ "___"__________201__
Gr. (FULL NAME.) ___________________,
hereinafter referred to as the “Lenter”, on the one hand and
gr. (FULL NAME.) __________________________________________________________________,
hereinafter referred to as the “Tenant”, on the other hand, have entered into this rental agreement as follows:
1. SUBJECT OF THE RENTAL AGREEMENT
1.1. The Landlord transfers to the Tenant and persons permanently residing with him:
1)___________________________________________________________
2)___________________________________________________________
3)___________________________________________________________
4)___________________________________________________________
residential premises located at:
_____________________________________________________________________________,
consisting of ______ rooms, total area - _______ sq.m, living area - ________ sq.m, kitchen - ________ sq.m
1.2. Availability of telephone: tel. No. _____________________________.
1.3. Defects of the residential premises at the time of transfer are indicated in Appendix No. 1 to the lease agreement - the Transfer Act, which is an integral part of this lease agreement.
1.4. The residential premises belong to (full name) ____________________________________________________________
based on (document of law) ___________________________________________________________________
1.5. The landlord transfers the residential premises with property in accordance with Appendix No. 1.
1.6. The period for commercial rental of residential premises is established from “____”_______________ 201__. By
"____"_____________ 201___
2. OBLIGATIONS AND RIGHTS OF THE HIREROR
2.1. The lessor undertakes:
2.1.1. Provide the Tenant with a comfortable living space, suitable for living, that meets
sanitary and technical requirements usually applied to residential premises.
2.1.2. Return to the Tenant the deposit for long-distance telephone calls and the safety of property,
leased upon the Tenant's departure from the residential premises upon presentation of paid bills and safety of the transferred property in accordance with clause 7.1. rental agreement.
2.1.3. Warn the Tenant about the impending alienation of residential premises (exchange, sale, donation, etc.) for
three months before alienation.
2.1.4. Bear responsibility for the shortcomings of the rented residential premises and the property located in it,
interfering with its use, even if at the time of concluding the lease agreement he was not aware of these shortcomings.
2.1.5. Eliminate the consequences of accidents and damages that occurred through no fault of the Tenant using your own efforts.
2.1.6. Provide the Tenant with the opportunity to live in residential premises for __________________
calendar days from the date the Tenant receives notice of early termination of this lease agreement. The notification must be in writing.
2.2. The Lessor has the right to check the Tenant's use of
condition of the residential premises and property at a time previously agreed upon with the Tenant.
2.3. The Lessor confirms that at the time of signing this lease:
- the residential premises are not under collateral, arrest, and are not encumbered by anyone’s rights or obligations of the Landlord;
- the consent of all persons permanently registered in the residential premises has been obtained.
3. RESPONSIBILITIES AND RIGHTS OF THE HIRERER
3.1. The employer is obliged:
3.1.1. Use the residential premises only for your own residence and the residence of the persons specified in clause 1.1. rental agreement.
3.1.2. Pay fees for the use of residential premises on time.
3.1.4. Treat the property located in the residential premises with care.
3.1.5. Eliminate the consequences of accidents that occurred in residential premises due to the fault of the Tenant.
3.1.6. Follow the rules of residence in the house in which the living quarters are located.
3.1.7. Freely allow the Landlord into the residential premises in order to check its use in accordance with clause 2.2. of this lease agreement.
3.1.8. Return the residential premises and property to the Landlord in the same condition in which they were leased, taking into account natural physical wear and tear.
3.1.9. Before leaving, if bills for telephone calls have not yet been received, inquire at the ATS about their amount and leave the Landlord the necessary amount to pay for them.
3.1.10. In case of detection of theft, damage caused by fire, or illegal actions of third parties, immediately notify the Lessor about this, and in his absence, report this to the relevant competent authorities.
3.2. The Tenant has no right, without prior written consent from the Landlord:
3.2.1. Install equipment in residential premises (strengthening doors, installing alarms and security systems, etc.).
3.2.2. Transfer residential premises to third parties, as well as sublease residential premises.
3.2.3. Carry out refurbishment and reconstruction of residential premises.
3.3. The tenant has the right to freely use the leased residential premises during the entire term of the lease, together with those specified in clause 1.1. of this lease agreement by persons.
4. PAYMENTS AND SETTLEMENT PROCEDURES
4.1. The monthly rent for residential premises is ____________________ rubles.
4.2. Payment for rent of residential premises is made _________________________________ _________________ (monthly, quarterly) no later than ______________________ of the current month for _______________ in advance. (month, quarter)
4.3. The established fee for renting residential premises is not subject to change during the entire rental period, unless otherwise provided by an additional agreement of the parties.
4.4. Payment of utility bills, rent and telephone is carried out by the Landlord.
4.5. Payment for long-distance telephone calls and electricity used is carried out by the Tenant in accordance with the accounts of the relevant organizations.
5. RESPONSIBILITY OF THE PARTIES
5.1. Changes to the terms of this lease agreement and its early termination may take place by agreement of the parties, with the obligatory drawing up of a document in writing.
5.2. Termination of the lease agreement unilaterally before the expiration of the period specified in clause 1.6. may be carried out by either party if the other party systematically fails to comply with the terms of this lease agreement. Unilateral termination is carried out by sending the initiator of the early termination of the lease agreement to the violating party with a written notice indicating the reason and date of termination.
5.2.1. In case of termination of the lease agreement at the initiative of the Tenant, subject to the Landlord’s compliance with the conditions
of this rental agreement, a refund for the unused rental period can be made by the Lessor only at his voluntary request.
5.2.2. In the event of termination of the lease agreement at the initiative of the Landlord, subject to the Tenant's compliance with the terms of this lease agreement, the Landlord returns to the Tenant the amount paid by the Tenant for the unused rental period and pays a penalty in the amount of the monthly rent for residential premises.
5.3. The Tenant bears full financial responsibility for damage caused to residential premises or property, regardless of whether this damage is the result of intentional actions or the result of negligence of the Tenant and persons living with him.
5.4. In case of delay in making payments under this lease agreement, the Tenant shall pay the Landlord a penalty in the amount of 1% of the amount owed on the date of payment.
5.5. The parties are released from liability for failure to fulfill their obligations under this lease agreement if this was caused by force majeure events and factors beyond their control and beyond the control of the parties, such as:
- natural disasters, armed conflicts, regulations of government bodies and public administration,
- significantly complicating or making impossible the fulfillment of obligations assumed under the lease agreement.
6. FINAL PROVISIONS
6.1. This lease agreement comes into force from the date of its signing by both parties and is valid until “_____” _________________201__ inclusive.
6.2. If disputes arise, the parties will strive to resolve them through negotiations, and if no agreement is reached, in court.
6.3. In cases not provided for in this lease agreement, the parties are guided by the Civil Code of the Russian Federation.
6.4. This lease agreement has been drawn up in two copies of equal force, one for each party.
7. SPECIAL CONDITIONS
7.1. At the request of the Landlord, the Tenant undertakes to leave a security deposit for long-distance telephone calls in accordance with clause 4.5. agreement and for the safety of the leased property. The insurance deposit for long-distance telephone calls and the safety of rented property is _______________________________ rubles.
7.2. In order to obtain legal and legal guarantees under this lease agreement, the Tenant personally verifies the authenticity of the title documents presented by the Landlord and checks their contents before signing this lease agreement.
7.3. Listed in paragraph 1.1. of this rental agreement, persons living together with the Tenant bear all obligations under this rental agreement on an equal basis with the Tenant. 7.4. Inseparable improvements made in the residential premises by the Tenant without the consent of the Landlord are transferred to the Landlord without reimbursement of their cost.
7.5. ____________________________________________________________________________________________ ________________________________________________________________________________________________
7.6. ____________________________________________________________________________________________ ________________________________________________________________________________________________
7.7. _____________________________________________________________________________________________ _________________________________________________________________________________________________
8. ADDRESSES OF THE PARTIES
Landlord
FULL NAME. _______________________________________
______________________________________________
Passport details:
Passport (series): __________N____________________
Address:________________________________________
______________________________________________
Employer
FULL NAME.________________________________________
______________________________________________
Passport details:
Passport series): _________N_____________________
issued by (by) ___________________________________
(When) "_______"______________________________
Address: ________________________________________
______________________________________________
Contact phone number: __________________________
I have read and fully agree with the terms of the lease agreement.
Signature:______________________________________
To the lease agreement for commercial rental of residential premises
from "_____" ________________ 201__
TRANSFER ACT
__________________ “____” _________________201__
1. In accordance with this Transfer Deed, the Landlord transfers and the Tenant accepts residential premises in the form of ________________________________________________________________
____________________ (specify: a separate apartment, a room in ___ apartment, several rooms in ___ apartment) at the address: __________________________________________________________________________________________.
Metro station: _____________________________ ______________________________________
Room area: _______ sq.m., _______ sq.m., _________ sq.m., _________ sq.m., _________ sq.m., _______ sq.m.
2. Residential premises are provided with a telephone number (without it): ______________________________;
separate telephone number, paired: __________________________________________.
3. Description of the shortcomings: ________________________________________________________________________________
_______________________________________________________________ _________________________________
_________________________________________________________________________________________________
4. The residential premises are transferred with the following property (furniture, equipment): __________________________ ______________________________ _________________________________________ _________________________________________________________________________ ________________________
______________________________________ ____________________________________________ ______________
__________________________________________________________________________ _______________________
_________________________________________ ______________________________________ _________________
5. Additional information: _____________________________________ ___________________________________
______________________________________ _____________________________________ ______________________
_______________________________________________________________________ __________________________
______________________________________ ___________________________________________________________
6. The residential premises are suitable for living, are in satisfactory condition and have no
deficiencies other than those specified in paragraph 3 of this Transfer Deed.
7. When signing this Transfer Deed, the Landlord handed over and the Tenant accepted the keys to the residential premises;
The Landlord presented the Tenant with payment books for utility bills and telephone payments.
8. This Transfer Deed is an integral part of the commercial lease agreement for residential premises dated “___” ____________________ 201__.
TRANSMITTED BY “___” _________________ 201___:
Employer:
ACCEPTED "___" ___________ 201___:
Employer:
______________ /____________________/
________________ /_________________/
