Studio apartment rental agreement. Housing tenancy agreement (lease): sample and how to draw it up correctly without damage to yourself

If housing is rented for a long period of time, it is mandatory to draw up standard apartment rental agreement. It regulates relationships between individuals. Based on the document, conflicts will be resolved in court if they arise. That is why the document must be drawn up correctly and registered in the prescribed manner.

The paper guarantees that tenants will not be evicted before the agreed date, and the owner will be confident that he can hold tenants accountable for damage or other illegal actions. We will talk further about how different types of rental agreements differ from each other, their essence and drawing up features.

Before drawing up an apartment rental agreement between individuals, it is worth understanding what it is. The housing rental document regulates the legal relationship between the two parties. This means that each of them has rights and responsibilities.

If the provisions of the contract are not observed, any party will have to answer for the infringement of the rights in accordance with the procedure established by law. The document is drawn up only in written form. Its template can be found below. Fill out the form by hand or carry out the action in print. This is not important.

The main part of the agreement between the tenant and the owner is the description of the rental property. In this case, it is a rented apartment.

It is imperative to resolve the issue of price and write in the contract the period for renting out the apartment. The description of the object indicates its location, conditions that must be suitable for living, as well as the technical characteristics of the apartment.

The agreement between the owner and the tenant must specify exceptional conditions and contingency procedures. Here it is necessary to reflect information about who should make payments for utilities, and whether it is possible to extend the contract. Besides. it is necessary to list all those living in the premises, as well as the specific conditions of the repair, if its implementation is required.

Today, current legislation distinguishes two types of rental agreements. The first of these is renting an apartment for the purpose of living. Premises rented out for a long term must be entered into the State Register and registered. The property must have a corresponding number. This option is called social norms. The second type is commercial hiring. It is a specialized rental. At the same time, the tenant receives a certain profit from renting the property. This version of the agreement is used if the premises are required for business activities.

Agreement differences

Depending on what type of contract will be used, its form may vary.

Existing types of standard rental agreement
Social	Commercial
Standard samples have been developed. They are fixed by the Housing Code of the Russian Federation. The agreement is concluded between two individuals - the owner and the tenant. One party in the legal relationship is the owner of the apartment, and the other is the tenant. It is understood that he will use the property for residential purposes only. If the parties to the transaction are not citizens of the Russian Federation, the conclusion of an agreement is prohibited. The rule is not relevant only if the parties to the transaction have received a corresponding court decision. The employer can be only one or several people at once. If the person with whom the agreement was concluded is alone, and he died, was hospitalized or fled in an unknown direction, the agreement can be re-concluded by his relatives. Documentation is prepared at the place of residence. Payment and rental period are determined by agreement.	The type of agreement is not regulated by current legislation. For this reason, its compilation is carried out in accordance with general principles. The agreement can be concluded between individuals. Sometimes a legal entity acts as an employer. The payment is set by the owner of the premises. However, in some cases its maximum size may be limited. The agreement must necessarily indicate who is obliged to pay utility bills. If the parties have not included this information in the documents, the responsibility will fall on the owner.

Download a sample agreement

Drawing up an agreement on your own, taking into account all existing norms, is quite problematic. For this reason, experts recommend that the tenant or owner download a simple sample apartment rental agreement. This will allow you to avoid mistakes that you may encounter during the paperwork process.

You can download the appropriate version in Word format:

Or copy the one below:

CONTRACT

______________________

(specify city) « ____ » _________ 20___

Citizen (Full name of the property owner) , hereinafter referred to as the “Lessor”, and citizen (Full name of the tenant) , hereinafter referred to as the “Tenant”, hereinafter referred to as the “Parties”,

have drawn up this Agreement regarding the following:

1 Object of the Agreement

The Lessor provides the Tenant with an apartment for living for a set fee.

The apartment that is the subject of the Agreement is located at:

(indicate full address)

The landlord is the owner of the living space on the basis of:

(indicate a document confirming the owner’s ownership) , a copy is attached to the Agreement and is an integral part of it.

Characteristics of the Apartment:

area: ______ sq. m.

rooms: ____.

2 Rights and obligations of the Lessor

2.1 Provide housing in a condition suitable for living, (other conditions) .

2.2 The Lessor confirms that the Apartment is not in a legal dispute.

The Lessor undertakes:

(list the responsibilities of the owner of the living space)

3 Rights and obligations of the Tenant

3.1 The tenant undertakes to use the living space solely for the purpose of living, (other conditions)

3.2 Make payments on time.

(other rights of the tenant, for example, to keep pets, carry out repair work, etc.)

4 Payment

4.1 The rent in rubles is (specify cost)

4.2 Amount of the first payment (specify cost)

4.3 Amount of subsequent payments (monthly, quarterly) to (indicate payment date) .

5 Responsibilities of the Parties

(all points are indicated that provide for the consequences of damage to property, late payment, etc.)

6 Termination of the Agreement

(list all possible circumstances)

7 Validity period

7.1 Hiring period (specify period or end date)

7.2 The Agreement, by agreement of the Parties, will be extended ___________.

8 Unforeseen circumstances

(list all possible, payment delay period, other)

9 Notes and other conditions

(who will live with the Tenant)

10 Details of the parties

Landlord

Bank details:

____________________________

(signature)

Tenant

(F.I.O., passport details, residential address, telephone)

Bank details:

____________________________

(signature)

Last updated May 2019

Having multiple living spaces is not only a luxury, but often a headache. The owners are trying to rent out the “extra” living space. This is both additional profit and some kind of supervision of the apartment.

Let's try to figure out how to properly rent out an apartment, how to avoid problems with unscrupulous tenants and the tax inspectorate, and how to preserve your property.

Who can take it

The owner has the right to rent out his apartment. Who has a certificate of registration of ownership rights (extract from the state register) for it. No relatives or very close friends have the right to enter into a rental agreement with tenants at the request of the apartment owner. This option is possible only if you have a notarized power of attorney, which states the right of the authorized person to rent out the housing of his principal. Otherwise, the owner may object to such a transaction at any time.

If the owner of an apartment uses it under a social tenancy agreement, that is, it actually belongs to the state or municipality, then he has no right to rent it out. In exceptional cases this is possible, but for this it is necessary to obtain official written permission from the state/municipal body (who is the owner, in most cases this is the municipality).

If there are other residents registered in the rental housing, in addition to the owner (as members of the owner’s family), then obtain their written consent to conclude the transaction not required.

But there are subtleties. If a rental agreement has already been concluded and the owner or hires other persons to live in the dwelling, then consent to such moving in is required from all interested parties (both the tenant and all people registered with the tenant).

The same is required if part of the apartment is rented out (for example, a room in a communal apartment with a shared kitchen, toilet, and bathroom for several owners). Thus, an additional rental agreement for vacant space can be concluded with the permission of the first tenant and his family members.

If a minor child is also registered in such housing, then permission to rent out the apartment will also need to be obtained from the guardianship authorities.

If there are several private owners of the apartment, then each of the co-owners must participate in the transaction on the side of the landlord. Or express your written consent to conclude the transaction and entrust one of the owners to handle its execution. Such consent and power of attorney are drawn up by a notary.

If such procedures are neglected, then the apartment rental agreement (for a period of more than 1 year) will not be registered in the Russian Register.

In practice, apartments are often rented “in gray”, without state registration of the agreement in the Russian Register. Therefore, such formalities are not observed. But you need to keep in mind that in a legal dispute with a tenant (on any issues regarding the rental of an apartment), it will not be possible to refer to such an agreement as evidence, since it is void without registration (if it is not concluded for a period of less than a year, then registration is not necessary and the written form of the contract is sufficient for its full force).

When it comes to moving into a municipal apartment (including registration, concluding an additional social tenancy agreement), consent is required from all registered persons and, naturally, from the municipality.

Who to rent an apartment to

A person who is faced with renting out an apartment for the first time will be thrown into panic by even such a simple question of where to find tenants. We can recommend four options:

• Contact a real estate agency. They will offer you a lot of options and also provide some guarantees, but you will have to pay for such services.
• Submit an advertisement for renting an apartment in a newspaper, Internet sites, or in a “creeping line” on television. Or find an advertisement for a person who wants to rent a home in the same media. True, there is a risk of running into an unscrupulous tenant. He will either not pay for the apartment provided to him, or he will damage (steal) the property in it.
• Finding a tenant through friends, acquaintances, and relatives is the best option. It is unlikely that a tenant under the patronage will risk harming the owner of the apartment. And in case of controversial issues, it can always be found.
• Rent out housing to relatives or friends. Most likely, such rent will be free of charge. You will not receive any material benefit. But you can safely entrust them with paying utility bills for the apartment.

In general, you need to periodically check the apartment you are renting. Communicate with tenants and monitor utility bills to avoid problems in the future.

If an apartment is rented to a stranger, the rental agreement cannot guarantee complete property security for the owner. It is necessary to check the future tenant to ensure he is law-abiding. To do this, you can contact police officers you know or other representatives of law enforcement agencies to check the employer for a criminal record, bringing him to administrative responsibility, the presence of debt or credit arrears, etc. You can look up information about the person on the Internet and from other open sources.

Renting an apartment without intermediaries is, of course, cheaper. But then all worries about housing fall solely on your shoulders.

How to transfer an apartment

We'll talk about the legal aspects of the transaction later. Now let's touch on everyday issues.

The apartment must be transferred directly to the tenant, telling about all the features and important technical aspects of the housing. This way you can avoid accidental breakdowns and other damage.

When transferring an apartment, you should jointly record the readings of energy meters (water, electricity, gas, etc.) so that in the future you will not have to figure out who incurred the utility debt.

Before handing over the keys, the general and detailed conditions in the apartment should be photographed. This will discipline the employer, as he will see the owner’s reverent attitude towards his property. In addition, photographs can serve as evidence in court if a conflict arises about a significant deterioration in the condition of the apartment after its delivery.

If you have friendly neighbors on the landing, it would be good to introduce the new residents to them. And leave your phone number with your neighbor for emergencies. This also “educates” the employer.

How to register a lease legally

Even if you decide to rent out an apartment to your best friends or distant relatives, it is better to document this transaction. In this case a residential lease agreement is drawn up(it must be distinguished from a lease agreement, which is concluded mainly between legal entities). It’s easy to arrange. There are a lot of samples and options on the Internet for different occasions. You can draw it up yourself, seek help from a lawyer or from us.

The document is signed by both parties. Notarization is not required, but is not prohibited. As an option, entrust the drafting and certification of the transaction to a notary. But such a document will not have greater legal force than an ordinary written agreement concluded by the parties.

In addition to the rental agreement, it is necessary to draw up an acceptance certificate for the apartment being rented out.

The act describes in detail the technical condition of the entire residential premises: the presence of repairs, plumbing, as well as the furniture, household appliances, and other household items in the apartment. It is necessary not only to list them, but also to indicate in what condition they are, in what places they are located, name (model, brand, etc.), determine the approximate cost (at least of the most expensive items). This will help the homeowner in the future to assess the condition of his property and recover damages for damage to it from unscrupulous tenants. The act is also signed by both parties after inspecting the apartment. After which the tenant is given the keys.

How to draw up a rental agreement correctly

If you decide to rent out an apartment and draw up a contract yourself, you should follow the basic rules for drawing it up. Main, clearly state the basic conditions - apartment address, term and amount of rent, the rest is at the request of the parties. You can draw up a very detailed document on several pages, which will include all the nuances. And only the essentials, fitting everything on one sheet. A reliable contract should include the following points:

1. Date and place of its compilation.
2. Detailed personal data of the landlord and tenant: first name, last name, patronymic, date of birth, place of registration and residence, number and series of passport or other identification document.
3. Subject of the agreement: an apartment for rent, owned by the landlord. Namely, its address, square footage, technical condition, availability of furniture, plumbing, assessment of suitability for living (heating, water supply), connection of the telephone network, the Internet, cable television. A detailed description can be set out both in the contract itself and in the transfer deed attached to it.
4. A link to a document confirming that the landlord is the owner of the property. About the absence of encumbrances by third parties (mortgage, pledge, other lease, arrest, etc.).
5. The cost of the monthly rent, including an indication of who is responsible for paying utility costs.
6. Form of payment: cash, postal order or to a bank card (deposit), free of charge, etc.
7. Payment terms: lump sum for the entire rental period or monthly (quarterly), indicating by what date payment must be made.
8. Which party is obliged to carry out current, major or urgent repairs of the apartment.
9. The period for which the housing is rented.
10. Indication of all tenants moving in with the tenant (if the contract is long-term).
11. The rights and obligations assigned to the tenant and the lessor, with which they must agree.
12. Reasons and conditions under which a tenancy agreement can be terminated unilaterally.

It is also advisable to include special conditions in the contract, the so-called “everyday tricks”:

1. The ban on the employer and members of his family (or those persons who will live with him) be registered at the place of residence (in a rented apartment). Although the legislator does not allow registration without the owner’s permission, “enterprising craftsmen” manage to circumvent the restrictions. Such a condition will not allow cheating during registration, and if illegal registration was nevertheless allowed, then it will be easy to challenge it in court (the agreement itself will be indisputable evidence of the unlawfulness of the employer’s actions).
2. Distribute the responsibilities of insuring the apartment against accidents between the landlord and the tenant. It is better, of course, to deal with this issue yourself, since by insuring the apartment against flooding, fires, civil liability, etc., the owner relieves himself of the risks for the negligent behavior of the tenant. After all, if such an incident occurs, the owner will be responsible to the victims (neighbors and other persons). Damages can only be recovered from the culprit (tenant) by way of recourse. That is, first the owner compensates for the damage to the victims and only then can he demand financial compensation from the tenant. Sometimes this is an impossible task (for example, the employer does not have property, does not officially work or pay alimony, etc.).
3. On restricting the ability to sublease an apartment to other persons without the written consent of the owner. Otherwise, the apartment can be turned into a living room.

On the periodic opportunity of the owner to check the condition of the apartment. These are the rights of the owner, in the presence of the tenant, to come to the apartment to inspect it for its safety, proper sanitary condition, etc. If such a point is not provided, the tenant may simply not let the landlord in, because this is his right.

For what period should the contract be concluded?

The maximum period for which you can enter into a rental agreement is 5 years. And even if the document does not contain a reference to the period for which the apartment is rented, it will be limited to the specified time.

Experienced lawyers still advise against renting out an apartment for a long term. Concluding another contract for a new term is always easier than terminating an existing one. Moreover, when one of the parties does not agree with the termination.

Do I need to register a tenancy agreement?

An apartment rental agreement (or residential lease agreement) does not require mandatory registration with the Rosreestr authorities if it is concluded for a period of up to one year (for example, for 11 months or six months).

If it is concluded for a longer period, then such a transaction will have to be registered. The downside is that this obliges the landlord to prepare a package of documents and pay a state fee for registration. In addition, information about the rental of housing and the receipt of profit by the landlord will be sent to the tax authority. But, on the other hand, by registering this transaction, he receives additional guarantees. .

It is most profitable to conclude an apartment rental agreement with the right to subsequently prolong it and renew it every year.

Advantages and features of renting an apartment for a period not exceeding 11 months, which we have already discussed

• The rental agreement does not need to be registered with Rosreestr. This means there is no need to waste time collecting documents or incur the cost of paying state fees. And upon expiration of the contract, clear the entry in the state register about the encumbrance (hire);
• the employer will not be able to count on a delay in eliminating violations that lead to termination of the contract.

Mostly short-term contracts are used by owners who evade taxes on rental income. After all, the tax office does not know about such an agreement (the agreement is not registered in the Russian Register and tax authorities do not receive information from there).

Registration of an agreement in the Russian Register is not difficult.

1. You can apply for registration of an agreement within 1 month from the date of its conclusion (Article 51 of the Federal Law “On State Registration of Real Estate”). Otherwise, a fine of 5,000 rubles is expected.
2. The applicants must be two parties to the contract (both the landlord and the tenant or their representatives by notarized power of attorney).
3. The package of documents consists of:
   • rental agreement with acts of transfer of the apartment from the owner to the tenant in three copies;
   • applicants' passports (for identification);
   • receipt of payment of state duty (amount of 2000 rubles, 1000 rubles on each side);
   • copies of documents on ownership of the apartment (founding agreement, certificate of ownership, cadastral passport). Although these documents are not mandatory, their provision speeds up the process of accepting applications and registering an agreement;
   • consent of interested parties (other shareholders, mortgagee, etc.).
4. Registration is carried out within 5 working days
5. Documents are submitted to the MFC department.

Registration may be denied for the following reasons

• the apartment for rent is not registered in the cadastral register;
• a previously concluded lease agreement for the same area is valid;
• a complete list of required documents for registration is not provided;
• the lease agreement has gross inconsistencies with the requirements of the law.

Payment for rented housing

Payment for renting an apartment, as well as the conditions for making utility payments, should be described in detail in the contract.

Some landlords insist on a rent deposit. That is, they demand payment for several months at once. This guarantees that residents will live in the apartment for the entire period they paid for. For the employer, this is the confidence that he will not be left without a roof over his head during the time for which he has already paid.

Information that a deposit for several months is required for renting an apartment can be indicated directly in the contract or agreed upon orally by the parties.

It is better to set out in writing the terms of the return (or non-refund) of the deposit in the lease agreement. This is in case the tenant decides to move out of the apartment earlier, within the period for which he has already paid the rent.

For example, the tenant paid a deposit for living in rented housing for 6 months, and after 3 months he decided to move out. This option must be provided for in the contract and indicate whether in this case the landlord will have to return part of the rent.

There is a requirement to deposit the last month's rent. The scheme is as follows: double payment is made in the first month. And you don’t have to pay anything for the last month, since the deposit payment is the payment for the last period. This deposit insures the owner of the apartment if the guest moves out secretly without paying for the last month.

About receipts

It is advisable to record the transfer of any money for renting an apartment, be it a deposit or a monthly payment, with receipts. You can prepare a single form in which you only need to enter the amount and date of payment and sign the parties. Witnesses are often brought in to confirm the fact of transfer. Their details are included in the receipt.

It is also advisable to complete the receipt in two copies, so that one remains with the tenant and the second with the lessor.

If payment for rental housing is made in non-cash form, then the payer must keep checks (receipts) for the transfer of money to the owner of the apartment.

Termination of the contract

The grounds and conditions for terminating the tenancy agreement must be specified in the document itself.

The tenant has the right to terminate it at his own request, subject to two conditions:

• all persons living with him agree with this decision;
• the lessor is notified no later than three months.

The person renting an apartment may terminate the contract unilaterally on the following grounds:

• the tenant does not pay rent for six months in case of long-term rental or misses two payments in a row if the rental period is less than 1 year;
• damage or destruction by tenants of housing or property located in it;
• using the apartment for purposes other than its intended purpose, for example, for an office, warehouse, etc.;
• systematic violation of order, causing disturbance to neighbors (the violator was warned by the landlord, but did not eliminate the violation).

The tenancy agreement can also be terminated through the court. The initiator of the claim can be either the landlord or the tenant. The reason is usually that the housing has become unusable or has been recognized by the relevant authorities as unsafe.

If the tenant does not agree with the termination of the contract at the initiative of the landlord, he has the right to appeal this fact in court. If the rental agreement was concluded for a long term, the court may grant the plaintiff a deferment to eliminate violations and pay the debt for up to one year.

Should I pay tax on income from renting out an apartment?

Even if the apartment is rented out for a short period of time, this does not relieve the landlord who receives the proceeds from tax liability.

When the lease is long-term and registered with Rosreestr, then information about the transaction will most likely end up with the tax office.

With a short-term contract, it is easier to conceal the fact of receiving a profit from the rental (for obvious reasons). But legislators do not advise doing this. Those who get caught will be forced to pay not only income tax for the entire period, but also a fine and penalties in the amount of 20 to 40 percent of the unpaid tax amount, etc.

When the tax debt amounts to a large amount (more than 900 thousand rubles), the culprit may face criminal punishment. Up to imprisonment.

A concluded rental agreement for residential real estate is a reason for tax authorities to collect tax on the amount for renting out an apartment. Any ill-wisher, as well as Rosreestr at the request of the tax office, can report this.

According to the law, the landlord is obliged to from January 1st to April 30th inclusively submit to the inspectorate at your place of residence a declaration of your income for the past year. It indicates the amount of profit received, including from renting out the apartment.

No one will send the taxpayer a receipt for the amount of tax. You must pay the calculated personal income tax yourself at the rate of 13 percent of the amount of profit received from renting out an apartment per year. If the declaration is not submitted, then a fine is provided for this in the amount of 30% of the amount of the tax base, but not less than 1000 rubles.

Payment must be made until July 15th of the year, in which the declaration was submitted. Failure to pay or late payment may result in fines and penalties.

The landlord can be exempt from paying tax only if he has not received rent for the apartment from the tenant for a long time and is able to prove this fact.

Self-employment and apartment rental

The status of a self-employed citizen allows you to solve some problems in the hiring issue.

Firstly, simplified taxation . This is a tax experiment. in Moscow, Moscow region, Tatarstan and Kaluga region. Citizens of these regions can register through the “My Tax” service and pay 4% of the amount of income. Reporting is generated by the same Internet service “My Tax”. The amount is paid monthly. There is no need to submit any declarations. The amount of income per year should not exceed 2.4 million rubles. The beginning of the experiment showed that the idea was not unsuccessful. This way of paying for your income is convenient and economical. Other regions of Russia have already expressed a desire to join the experiment.

Secondly, no need to register as an individual entrepreneur . By registering as self-employed, a citizen will pay a special tax on professional income. These obligations are sufficient for the state and there is no need to strictly tie oneself to the entrepreneurial path. Of course, if we are talking about renting out your home, which consists of 1-2 objects. If there are a large number of objects and other people’s objects will also be provided for rent (for example, for rent or real estate under management). This is a purely commercial activity. You can’t do without an IP certificate.

For the self-employed, tax holidays are provided until December 31, 2019 (clause 70, article 217 of the Tax Code of the Russian Federation). You just need to submit a notification to the territorial Federal Tax Service and indicate the type of preferential activity. Unfortunately, renting housing is not included in the type of activity of self-employed people, which is exempt from paying taxes. At the regional level, authorities at their discretion can determine the types of occupations that will fall under preferential status. But today, not a single region has included rental housing in this list.

Other types of liability

There are cases when citizens rent out several apartments they own at once. Such activity is recognized as entrepreneurial. Therefore, before renting out apartments, it is required obtain the status of an individual entrepreneur. Otherwise, there will be liability under administrative (Article 14.1 of the Code of Administrative Offenses of the Russian Federation) or criminal (Article 171 of the Criminal Code of the Russian Federation) legislation (depending on the amount of income received) for illegal business activities.

Let us clarify that if we are talking about one apartment, in practice it is considered that this activity does not relate to commercial activity. This is one of the types of activities of self-employed citizens.

If you have questions about the topic of the article, please do not hesitate to ask them in the comments. We will definitely answer all your questions within a few days. However, carefully read all the questions and answers to the article; if there is a detailed answer to such a question, then your question will not be published.

104 comments

An apartment rental agreement determines the procedure and conditions under which the owner of the apartment (lessor) leases residential premises - an apartment - to the tenant. The agreement must specify all the conditions for renting an apartment on which the parties have reached an agreement.

Agreement N ___

rental of residential premises

G. __________ "___" ________ ____

We shall hereinafter be referred to as "Tenant",

represented by ________________________________________________________________, acting on the basis

On the one hand, and

We shall hereinafter be referred to as "Lessor", on the other hand,

have entered into this Agreement as follows:

1. SUBJECT OF THE AGREEMENT

1.1. The Lessor transfers and the Tenant accepts for rent an isolated residential premises with a total area of ​​_________ square meters. m, incl. residential - ________ sq. m, owned by the Lessor, located at the address: ________________, street ___________, building ____, building ____, building ____, apartment N _____, consisting of ____ rooms (hereinafter referred to as residential premises).

1.2. The residential premises will be used for the residence of the Tenant's employee ______________

and members of his family: _____________________________________________________.

1.3. The residential premises are in a condition suitable for habitation.

1.4. The rental period is set from "___" ________ ____ to "___" ________ ____.

1.5. The residential premises are owned by the Lessor on the basis of __________________.

1.6. The residential premises and the keys to it are transferred from the Lessor to the Tenant and returned back according to the acceptance certificates.

1.7. The living space has:

Equipment ______________________________________________,

Household appliances: _____________________________________________________,

Furniture: ____________________________________________________,

- ___________________________________________________________.

1.8. The landlord guarantees that the residential premises are not encumbered by the rights of third parties, are not under arrest, and their rights are not disputed in court.

2. OBLIGATIONS OF THE PARTIES

2.1. The Lessor undertakes:

2.1.1. Provide the Tenant with the residential premises specified in clause 1.1 of this Agreement.

2.1.2. Ensure free access for the Tenant's employee and his family members to the residential premises.

2.1.3. Carry out proper operation of the residential building in which the rented residential premises are located, provide or ensure the provision of the necessary utilities to the Tenant for a fee, ensure the repair of the common property of the house and devices for providing utilities located in the residential premises.

2.1.4. Reimburse the Tenant for the cost of inseparable improvements made with the consent of the Landlord.

2.2. The tenant undertakes:

2.2.1. Use the residential premises for their intended purpose in accordance with clause 1.2 of this Agreement, as well as with the requirements of the Housing Code of the Russian Federation and the current legislation of the Russian Federation.

2.2.2. Ensure the safety of the living space and maintain it in proper condition.

2.2.3. Promptly notify the Landlord of any detected defects in the residential premises.

2.2.4. Do not carry out redevelopment or refurbishment of residential premises.

2.2.5. Allow employees of the Lessor or the Lessor himself, as well as representatives of housing maintenance and repair companies, to inspect and repair the structures and technical devices of the residential premises during the daytime, and in case of accidents at night, into the rented residential premises.

2.2.6. Vacate the rented residential premises upon expiration of the lease period established in this Agreement.

2.2.7. Do not carry out routine repairs to the residential premises without the consent of the Landlord.

2.2.8. Pay rent for residential premises in a timely manner in the amount of ________ (__________) rubles per month. Rent is paid no later than the _____ day of the month following the month in which the residential premises are provided for rent.

2.2.9. Pay utilities and other payments for the maintenance of residential premises on time.

2.2.10. Upon expiration of this Agreement or upon its early termination, transfer the residential premises to the Lessor within _______ period after the expiration or termination of the Agreement in a condition suitable for habitation.

3. RIGHTS OF THE PARTIES

3.1. The lessor has the right:

3.1.1. Require the Tenant, his employee _________________ and members of his family to maintain the residential premises in technically sound and proper condition in accordance with the requirements of the current legislation of the Russian Federation.

3.1.2. Require the Tenant to pay rent on time.

3.1.3. Require the Tenant to vacate the residential premises upon expiration of the Lease Agreement.

3.2. The tenant has the right:

3.2.1. Move your employee ______________ and his family members into the rented residential premises.

3.2.2. Require the Lessor to compensate for inseparable improvements to the residential premises made with the consent of the Lessor.

3.3. The Tenant has the pre-emptive right to extend and renew this Agreement for a new term.

4. RESPONSIBILITY OF THE PARTIES

4.1. In case of failure to fulfill or improper fulfillment of their obligations under this Agreement, the parties shall be liable in accordance with the current legislation of the Russian Federation.

4.2. Each party that has caused damage to the other party by non-fulfillment or improper fulfillment of its obligations under this Agreement is obliged to compensate the other party for the losses caused, including lost income.

4.3. For each day of delay in transferring rent, a penalty is charged in the amount of __% of the amount owed.

5. PROCEDURE FOR CHANGING AND TERMINATING THE AGREEMENT

5.1. _________________ before the expiration of the lease term or early termination of the Agreement, the Tenant must notify the Lessor in writing of the intention to extend the term of the Agreement or of the upcoming vacancy of the premises. Upon expiration of the Agreement and fulfillment of all its conditions, the Tenant has a preferential right to extend the Agreement.

5.2. Changes to the terms of the Agreement, its termination and termination are permitted by agreement of the parties. Additions and changes made are considered by the parties within the period of ________________ and formalized in additional agreements.

5.3. The lease agreement is subject to early termination at the request of the Lessor, and the Tenant is subject to eviction in the following cases:

5.3.1. If the Tenant's employee and/or members of his family use the premises with a significant violation of the terms of this Agreement and the current legislation of the Russian Federation or the purpose of the residential premises or with repeated violations.

5.3.2. If the Tenant's employee and/or members of his family deliberately worsen the condition of the living quarters of the premises.

5.3.3. If the Tenant's employee fails to pay rent more than two times in a row after the expiration of the payment period established by the agreement

5.4. The lease agreement may be terminated at the request of the Tenant if the premises, due to circumstances for which the Tenant is not responsible, are found to be unfit for use.

5.5. The Agreement may be terminated due to force majeure (insurmountable) circumstances that make it impossible for the Lessor or the Tenant to continue the Agreement.

5.6. For reasons not provided for by law and this Agreement, termination of the Agreement is not permitted.

5.7. The parties undertake the obligation to take all measures to resolve disagreements through negotiations until the subject of disagreement is fully resolved.

5.8. If it is impossible to reach an agreement through negotiations, or failure or improper fulfillment of the terms of this Agreement by one of the parties, the Agreement may be terminated in a court of general jurisdiction in the manner prescribed by law.

6. FINAL PART

6.1. This Agreement is drawn up in two copies having equal legal force, one copy for each of the parties.

7. ADDRESSES AND DETAILS OF THE PARTIES

Lessor: __________________________________________________________________________

passport series ________, N _______________, issued __________________________________________,

address: ________________________________________________________________________________

Tenant: name ________________________________________________________________,

address: ________________________________________________________________________________,

TIN _________________________________, account code _____________________________________________

in ___________________________________, c/s ________________________________________________,

BIC _________________________________.

SIGNATURES OF THE PARTIES:

Lessor: _________________/________________

Tenant: ________________/________________

The subject of the contract, which is an isolated living space, cannot be the rental of a room with a common entrance or a kitchen, a corridor, etc. Also, the apartment rental agreement must indicate information about the need to use the premises for its intended purpose.

When a tenant receives housing for use, in accordance with the provisions of Article 673 of the Civil Code of the Russian Federation, the apartment must be suitable for its intended use. This means that the apartment may not be comfortable, but only meet sanitary, including technical, requirements.

Despite the fact that any housing suitable for its intended use can be rented out, it is necessary to take into account the standard of living space per person prescribed by the provisions of Article 679 of the Civil Code of the Russian Federation. It is 12 sq.m. per resident. (Article 50 of the Housing Code).

Rights and obligations are prescribed in a separate section of the agreement and agreed upon by the parties. Moreover, they are based on the rules prescribed in Art. 611 - 621 Civil Code of the Russian Federation.

According to the above provisions, the lessor has the right:

Request rent.

In case of violation of payment terms, demand early payment to the tenant. But no more than 2 consecutive periods established by the contract, unless otherwise provided by the terms of the contract (Article 614 of the Civil Code of the Russian Federation).

Demand to terminate the contract if the conditions for the intended use are violated, as a result of which the condition of the property has deteriorated or the rent has not been paid twice in a row (Article 619 of the Civil Code of the Russian Federation).

The lessor is also obliged:

Do not interfere with the exercise of the right transferred under the housing contract (to use and own the premises).

Transfer the premises on time and in proper condition (Article 611 of the Civil Code of the Russian Federation).

Be responsible for the shortcomings of the leased housing if they interfere with its use (Article 612 of the Civil Code of the Russian Federation).

Warn the tenant about existing and registered rights of third parties, encumbrances, restrictions, litigation, enforcement proceedings that relate to housing rights, etc. (Art. 613).

Produce caps for your own money. repair (Article 616 of the Civil Code of the Russian Federation).

The rights of the tenant include:

The opportunity to reclaim the property leased to him and compensate for losses caused by the untimely provision of housing (Article 611).

The ability to terminate the contract if the lessor has not fulfilled its terms.

If deficiencies are discovered, demand their elimination, or demand a reduction in rent, or reimburse the costs incurred to correct the defects in the housing.

If the landlord did not carry out timely overhauls, demand compensation for losses for the overhaul of the premises carried out independently.

Sublease property with the consent of the lessor (Article 615 of the Civil Code of the Russian Federation).

Have an advantage when extending the contract (Article 621 of the Civil Code of the Russian Federation).

The tenant's responsibilities include timely payment of the rented housing, as well as the use of the rented property only for its intended purpose and in accordance with the conditions specified in the contract.

Also, in order to avoid possible disagreements, the contract specifies the procedure for changing the conditions and terminating the contract. The final part must necessarily contain the full details of the parties, below which the tenant and the lessor or authorized persons put their own signatures. Authority is documented. The details of the document on the basis of which the representative acts must be specified in the contract.

Regulatory regulation of the rental housing market

The norms of Chapter 35 of the Civil Code of the Russian Federation apply to contractual relations for rental housing.

Introduction by a lawyer: since many people ask me, as a lawyer, to draw up a high-quality apartment rental agreement as of 2018 for Ukraine and Russia, I provide it for general use. Now you don’t have to draw it up for everyone, but take this agreement, print it out, fill it out and use it. Please note that the sample agreement was drawn up at the request of the lessor and therefore it primarily takes into account his rights. With respect to everyone who is interested in renting an apartment - lawyer and international auditor S.G. Simakov (by the way, the apartment itself can be found without intermediaries).

APARTMENT RENTAL AGREEMENT

________________ « ___ » ______________ 2018

_______________________________________________________ , hereinafter referred to as the "Lessor", on the one hand, and

_________________________________________________________ , hereinafter referred to as the “Tenant”, on the other hand, have entered into this agreement as follows:

I. SUBJECT OF THE AGREEMENT

1.1. The subject - the object of this Lease Agreement is an isolated apartment located at the address:

____________________, st. ________________________________ house _______ apt. ____, area ______ sq.m.

The condition of the transferred premises meets the requirements allowing their normal operation.

1.2. The purpose of the lease is accommodation for the Tenant and his family members.

II. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The "Lessor" is obliged:

2.1.1. Hand over the premises and the keys to it after receiving payment.

2.1.2. Accept the vacated premises from the Tenant upon termination of the contract.

2.2. The tenant is obliged:

2.2.1. Use the premises for their intended purpose, stipulated in clause 1.2, and in accordance with the terms of this agreement.

2.2.2. Maintain the rented premises and property in the manner prescribed by the current sanitary, fire safety rules and rules for the operation of sanitary and engineering equipment installed in the premises. The Tenant bears responsibility for their violation, and in case of damage to the rented property, reimburses its cost in full immediately, but in any case no later than 2 days from the date of damage according to the estimate drawn up by the Lessor.

2.2.3. Strictly observe the rules of public order. Follow the rules and regulations when using electrical, sound-emitting or vibration devices and installations. Avoid overloading electrical networks and exclude any actions that would disrupt the normal living and working conditions of others.

2.2.4. The tenant is prohibited from refurbishment or redevelopment of the rented premises.

2.2.5. Carry out, at your own expense, routine repairs of the rented premises, engineering and other equipment, including (but not limited to) breakdowns of electrical networks and sockets, telephone and computer lines, replacement or restoration of damaged elements of the premises (tiles, wallpaper, doors, locks, glass, etc. .); Keep rental and shared spaces clean. The tenant is prohibited from drilling holes in the walls, including for installing shelves and other hanging furniture.

2.2.6. Provide access to the rented premises for representatives of the Lessor for the necessary monitoring of compliance with the terms of the contract, inspection and repair of power supply networks, telephone and computer networks, heating and air conditioning systems, etc. When leaving the apartment, turn off all electrical appliances from the sockets., including electric kettles and computers; turn off the air conditioner using the remote control. When the air temperature drops below zero, in order to avoid icing of the outdoor unit of the air conditioner and its breakdown, stop using the air conditioner and hand over the remote control to the Lessor.

2.2.7. Smoking in the rented premises forbidden.

2.3. The tenant has no right to transfer rights and obligations under the agreement to third parties. Subleasing of premises, as well as their provision to individuals and legal entities under joint activity agreements, is prohibited.

2.4. The Tenant is prohibited from entering into direct contracts with utility companies for heating, water supply and sanitation, as well as contracts for the installation of fire and security alarms without the written permission of the Lessor.

III. RENTAL PAYMENTS AND PAYMENT PROCEDURE

3.1. For the use of the provided property, the Tenant is obliged 10 days before the start of the reporting month transfer to the Lessor's account or pay him in cash a fee in the amount of _______ (_______________________) __________ (UAH, RUB), but not less than the equivalent of ___________ US dollars per month. Payment is made in hryvnias at the dollar selling rate of the bank __________________ on the date of payment. In addition to the rent, the Tenant pays for electricity, Internet, cable TV and telephone. Payment for rent, water, hot water, heating, gas is made by the Landlord. The tenant is obliged to use water sparingly. water, heating, gas, electricity, etc.

3.2. The tenant independently pays the amount due for payment for each month on the basis of this agreement, meter readings and invoices of service organizations.

3.3. The lessor in accordance with the agreement and Art. 762 of the Civil Code of Ukraine (Article 614 of the Civil Code of the Russian Federation) has the right to revise the amount of payments for the rental of premises and services provided, but not more than once a quarter. Periods already paid by the Tenant are not subject to revision.

3.4. In case of violation of the terms and procedure for returning the rented premises to the Lessor, established by this agreement, the Tenant is obliged to transfer the rent in full on the day of the actual return of the premises, executed by a bilateral acceptance certificate.

IV. RESPONSIBILITY OF THE PARTIES, CONSIDERATION OF DISPUTES

4.1. For failure to fulfill or improper fulfillment of obligations under this agreement, liability is in accordance with current legislation and this agreement.

4.2. The Tenant is responsible for the safety of the rented premises and the property located in it.

4.3. In case of delay in payments provided for in clause 3.1 of the agreement, the Tenant is obliged to pay the Lessor a penalty in the amount of 1% of the amount of the late payment for each day of delay.

4.4. Payment of the sanctions established by this agreement does not relieve the guilty party from fulfilling its obligations under the agreement or eliminating committed violations.

4.5. Disputes between the parties are resolved in accordance with the procedure established by law.

4.6. If at any moment there is no water or electricity, telephone connection, Internet, heating, etc. in the apartment, the elevators are broken or anything else, the Lessor does not accept claims for downtime or other losses of the Tenant.

4.7. In all other possible situations that remain unresolved by this agreement, the parties are guided by the current substantive and procedural legislation of the country in which the rental object is located.

Y. AMENDMENTS AND ADDITIONS, TERMINATION OF THE AGREEMENT

5.1. Changes or additions to this are made in accordance with current legislation by signing an additional agreement between the parties, which is an integral part of the agreement.

5.2. The Agreement terminates in the following cases:

5.2.1. The expiration of its term, if it was not extended by the parties by signing a written document.

5.2.2. Early termination:

a) at the initiative of the Tenant, with mandatory written notice of this no later than 1 month before the date of eviction. In this case, advance payments made for renting premises are not refunded;

b) at the initiative of the Lessor in case of delay in payments established in clause 3.1 of the agreement by more than 1 day. In this case, the contract is considered terminated from the moment the Tenant is given a written notice of termination of the contract.

If the Tenant or his representative is absent from the leased premises on the day of termination of the contract, the notice is considered given on the day it is issued. In this case, as well as in case of refusal to vacate the premises before the day of termination of the contract or on the day of its termination, in order to avoid downtime of the premises, the Lessor has the right to accept the property for safekeeping and move it to another premises, freeing the premises for subsequent rental to other tenants or for your own use.

c) in case of alienation of the rented premises.

5.3. The lease agreement can also be terminated early in the following cases:

a) violation by the Tenant of the terms of this agreement.

b) the need to carry out urgent work in order to eliminate the threat to life, health or other damage that requires immediate vacation of the premises, of which the Lessor notifies the Lessee in writing or orally.

c) the Tenant’s refusal to pay lease payments at new rates, if they increase.

d) if the Lessor needs to carry out repairs in the rented or adjacent premises, if the repairs are impossible without vacating the premises.

e) if it is necessary for the Lessor to use the premises for his own needs or other purposes. In this case, the Lessor warns the Tenant no later than 1 month before the date of vacating the premises.

5.4. In the event of termination of the contract, either on the basis of expiration of its term or in connection with its early termination, the Tenant is obliged no later than the last day of the contract to vacate the rented premises and return them in a condition no worse than that which was on the day of acceptance, with signing a bilateral acceptance certificate. The cost of improvements made by the Tenant to the leased property is not reimbursed.

5.5. If the parties agree to extend the contract, a written bilateral agreement is drawn up, attached to this contract, specifying the new term of the contract, the amount and timing of payments, changes in the services provided and the responsibilities of the parties.

5.6. The validity period of the contract is established from the date of payment for the first month until "___" _____________ 201__.

YII. DETAILS AND SIGNATURES OF THE PARTIES

Lessor: Tenant:

___________________________________ __________________________________________

______________ /______________________ / _________________ / _______________________ /

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