Apartment rental agreement: Everything the owner and tenant need to know. Social rental agreement for residential premises Rental agreement with obligated persons

In accordance with paragraph 1 of Art. 671 of the Civil Code, under a rental agreement for residential premises, one party - the owner 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.

A residential lease agreement is consensual, compensated, bilateral.

The Civil Code specifically distinguishes between social tenancy agreements, commercial tenancy agreements, and specialized residential tenancy agreements.

Agreement social hiring residential premises is concluded when renting residential premises in state and municipal housing stock social use, commercial agreement rental of residential premises - when renting housing to generate income, contract hiring specialized residential premises - with hiring office accommodation, residential premises in a dormitory and other residential premises of a specialized housing stock (Article 92 of the Housing Code).

Social tenancy agreement can be concluded only for residential premises included in the social use fund, And if the citizen has the necessary prerequisites for its conclusion, which include:

Recognition of a citizen in the prescribed manner as low-income or his belonging to another category of citizens to whom, in accordance with the law, residential premises are provided under social tenancy agreements;

Need for housing;

Status on the register of those in need of residential premises;

Availability of a local government decision to provide residential premises to a given citizen and his family in accordance with current regulations.

Commercial lease agreement is entirely based on principle of freedom of contract, i.e. its conclusion depends on the discretion of the parties, who themselves determine its most important conditions: the term of the contract, the amount and procedure for paying rent, the distribution of responsibilities for repairing the leased property, etc.

Both commercial and social rental contracts are concluded in writing form . Failure to comply with this form of the contract does not entail its invalidity, except in cases specified in the law or in the agreement of the parties.

Validity agreement is defined differently for commercial and social tenancy agreements, and this is one of their main differences.

In accordance with paragraph 1 of Art. 683 Civil Code agreement commercial hiring is concluded for a period not exceeding five years. However, the deadline not essential a condition of this agreement (if it is not defined in the agreement, then the agreement is considered to be for five years).

Agreement concluded for a period up to one year, is recognized as short-term, and is not subject to the provisions specified in paragraph 2 of Art. 683 of the Civil Code rules relating to contracts with a term of more than one year. In particular, such an agreement is not subject to the rule on the employer’s preemptive right to conclude an agreement for a new term.

After term of the commercial lease agreement residential premises, the tenant has a pre-emptive right to conclude an agreement for a new term.

No later than three months Before the expiration of the contract for the commercial rental of residential premises, the landlord must offer the tenant to conclude an agreement on the same or different conditions or warn the tenant about refusing to renew the contract. During for at least one year he is not entitled to take living space for rent. If the landlord has not fulfilled this obligation and the tenant has not refused to extend the contract, the contract is considered extended under the same conditions and for the same period.

Unlike a commercial tenancy agreement, the law does not limit the duration of a social tenancy agreement, as a result of which The social tenancy agreement is of unlimited duration.

- Parties in a residential lease agreement there are the lessor and the tenant. Landlord When hiring both types, the owner of the residential premises or a person authorized by him acts. As employer May be only citizen, individual, since residential premises, as indicated in paragraph 1 of Art. 671 of the Civil Code, is provided “for living in it.”

Usually as employer in the contract commercial hiring one citizen speaks. But a plurality of persons on the employer’s side is also possible. If there is no indication in the contract of these citizens move-in with the consent of the lessor. Upon moving in minor children no such consent is required.

Citizens who permanently live with their employer have equal rights with him for the use of residential premises. However, they do not have a legal relationship with the landlord, so for any actions they commit that violate the terms of the contract, they are liable to the landlord. employer(clause 3 of article 677 of the Civil Code).

If the residential premises are to municipal housing stock, then as landlord acts as a local government body or a municipal housing maintenance organization, and if it belongs to a state fund - a state enterprise or institution on whose balance sheet the premises are located.

Employer upon conclusion of the contract social hiring residential premises is a citizen who has been provided with residential premises in accordance with the established procedure.

In addition to the tenant, the right to permanent use of residential premises under a social tenancy agreement also belongs to members of his family. All other persons may live with the tenant only as a temporary residents.

Members of the employer's family include those living with him his husband and children and parents of the employer. Other relatives, disabled dependents recognized as family members the tenant, if they are installed by the tenant as members of his family and conduct a common household with him (joint expenditure on food, purchasing things, paying for the use of an apartment, etc.). In exceptional cases other persons may be recognized as family members of the tenant of the residential premises under a social tenancy agreement judicially.

If a person has ceased to be a family member, but continues to live in a residential premises occupied under a social tenancy agreement, he retains the same rights as the tenant and his family members. The specified citizen is independently responsible for his obligations.

The employer has the right infuse into the residential premises he occupies under a social tenancy agreement for his spouse, his children and parents, having received for this written agreement all adult members of your family. For moving in other citizens written consent is also required landlord. To move in with their parents minor children the consent of the remaining members of the tenant's family and the consent of the landlord are not required (Part 1, Article 70 of the Housing Code).

According to paragraph 2 of Art. 672 of the Civil Code, members of his family living under a social tenancy agreement for residential premises together with the tenant enjoy all rights and bear all obligations under the tenancy agreement for residential premises on an equal basis with the tenant, all of them are co-tenants.

Subject commercial and social tenancy agreements are residential isolated premises.

The premises are recognized residential, if it meets established sanitary, urban planning, technical and fire safety requirements and is intended for the residence of citizens in all seasons of the year. Isolated - those. is a residential building, apartment, part of a house or part of an apartment, having a separate entrance.

Object agreementcommercial hiring can be a living space, regardless of its size. As for the quality of the residential premises rented under such an agreement, it must correspond to the concept of “premises suitable for permanent residence” (clause 1 of Article 673 of the Civil Code).

The category unsuitable for living includes basements and semi-basements, rooms without natural light, barracks, emergency buildings, etc. Ancillary premises cannot be an independent object of a commercial lease agreement.

Responsibilities and rights:

Landlordunder a commercial lease agreement (Article 676 of the Civil Code):

The landlord is obliged to hand over the vacant residential premises to the tenant in a condition suitable for habitation.

He is responsible for the proper operation of the residential building in which the rented residential premises are located, to provide or ensure the provision of necessary utilities to the tenant for a fee, to ensure the repair of the common property of the apartment building and devices for providing utilities located in the residential premises.

Landlordresidential premises under a social tenancy agreement is obliged to:

Transfer to the tenant residential premises free from the rights of other persons;

Take part in the proper maintenance and repair of common property in the apartment building in which the rented residential premises are located;

Carry out major repairs of the residential premises (the responsibility for carrying out routine repairs of the residential premises rests with the tenant - clause 4, part 3, article 67 of the Housing Code);

Ensure that the tenant is provided with the necessary utilities of adequate quality.

Specific sign rights to living space, which distinguishes it from other property rights is its target character. Residential premises are provided to the tenant for living in it, respectively, not allowed placement in residential premises of commercial enterprises, offices of legal entities, their use for the production of industrial or other products, for warehouses, etc. Use of residential premises for other purposes may serve (subject to compliance with the conditions provided by law) as a basis for termination of the rental agreement for residential premises.

At the same time, according to Part 1 of Art. 17 residential complex allowed use of residential premises for professional activities or individual entrepreneurial activities by citizens living there legally, if this does not violate the rights and legitimate interests of other citizens.

The most important the employer's responsibility is timely payment housing fees, and if the contract does not provide otherwise - independent payment of utility bills (Article 678 of the Civil Code).

One of tenant rights arising from a residential lease agreement is the right to sublease the rented residential premises. Under a sublease agreement of a residential premises, the tenant, with the consent of the landlord, transfers for a period of time part or all of the premises rented by him for use to the subtenant (clause 1 of Article 685 of the Civil Code).

The tenant has the right to move into the residential premises not only subtenants, but also other persons - temporary residents(users). Relatives, acquaintances of the tenant and his family members, etc. can move in as the latter.

To move in a temporary tenant, permission from the tenant and citizens permanently residing with him is required, as well as prior notification to the landlord.

Temporary residents do not have independent rights to use residential premises. The tenant is responsible for their actions to the landlord.

Temporary residents acquire the right in accordance with the concluded agreement temporary use the tenant's living quarters. The period of stay of temporary residents cannot exceed six months contract.

The law (Article 82 of the Housing Code) provides for the possibility of changing the social tenancy agreement for residential premises at the request of tenants uniting in one family, as well as replacement of the employer in a previously concluded agreement.

Employer not entitled carry out reorganization and reconstruction of residential premises without the consent of the landlord. This norm also applies to commercial and social tenancy agreements (clause 3 of Article 672 of the Civil Code).

The law provides for special grounds for termination of a social tenancy agreement:

- termination of an agreement Maybe by agreement of the parties.

- judicially when:

Failure by the tenant to pay for housing and (or) utilities for more than six months;

Destruction or damage to residential premises by the tenant or other citizens for whose actions he is responsible;

Systematic violation of the rights and legitimate interests of neighbors, which makes it impossible to live together in the same residential premises;

Use of residential premises for purposes other than their intended purpose (Part 4 of Article 83 of the Housing Code).

Consequence termination of a residential tenancy agreement is an obligation vacating living space the employer and his family members. This duty can be performed voluntarily or compulsorily.

Agreement social tenancy of residential premises can only be terminated in court (Part 4 of Article 83 of the Housing Code). Eviction is also carried out in court.

Eviction. (with social hiring)

As the Constitution declares, no one shall be arbitrarily deprived of his or her home. Eviction of citizens from residential premises provided under social tenancy agreements is possible in the cases specified in Art. 85, 90, 91 LCD.

As a general rule, when moving out of premises occupied under a social tenancy agreement, a citizen and his family must be provided other comfortable living space. In this case, the residential premises provided must be well-equipped, equivalent in total area to the previously occupied premises, meet established requirements and be located within the boundaries of the given locality.

Eviction allowed in the following cases: Art.85

If the house in which the living space is located is subject to demolition;

If the residential premises are to be transferred to non-residential premises;

If the residential premises are declared unfit for habitation;

If, as a result of major repairs or reconstruction of a house, the residential premises cannot be preserved or its total area decreases, as a result of which the tenant and his family members living in it may be recognized as needing residential premises, or increases, as a result of which the total area of the occupied residential premises premises for one family member will significantly exceed the provision norm (Art. 85 LCD).

According to Art.90 Residential complex if the employer and his family members living with him for more than six months without good reason don't pay for premises and utilities, they can be evicted in court with the provision of other living quarters, the size of which corresponds to the size established for the resettlement of citizens to the hostel.

Eviction from residential premises without providing other living quarters – This is an exceptional eviction procedure, the use of which is allowed only in certain cases provided for by law ( Art. 91 LCD). The grounds for such eviction are gross violation by the employer or members of his family legal norms:

Use of residential premises for purposes other than their intended purpose (for example, as a warehouse, brothel);

Systematic violation of the rights and legitimate interests of neighbors;

Mismanagement of residential premises, leading to its destruction.

Since eviction is applied here as a sanction for unlawful behavior of the tenant or members of his family, it is possible only if the offender has been dealt with preventive measures, but they were ineffective(Part 1 of Article 91 of the Housing Code).

Without providing Citizens deprived of parental rights may also be evicted from another residential premises if their cohabitation with children for whom they are deprived of parental rights is recognized by the court as impossible.

At commercial hiring Termination of the contract and eviction are allowed in exceptional cases, which are expressly specified in Art. 687 Civil Code.

The tenant has the right, with the consent of other citizens permanently residing with him, to terminate the commercial lease of residential premises at any time. The employer is obliged in writing warn the landlord in three months about termination of the contract.

At the request of the landlord it is possible only in court in cases:

Failure by the tenant to pay for six months, unless the contract stipulates a longer period, and for short-term rentals - more than twice after the established payment period;

Destruction or damage to residential premises by the tenant or other citizens for whose actions he is responsible.

- judicially at the request of any of the parties to the contract, if the premises cease to be suitable for permanent residence, as well as in the event of its emergency condition.

If the tenant of the residential premises or other citizens for whose actions he is responsible use the residential premises not for the intended purpose or systematically violate the rights and interests of neighbors, the landlord may warn the tenant about the need to eliminate the violation. If these violations continue after warning the landlord, the latter has the right to terminate the rental agreement in court.

If a commercial lease agreement is terminated and the tenant and other citizens permanently residing with him refuse to voluntarily vacate the residential premises, these persons are subject to eviction from the residential premises on the basis of a court decision (Article 688 of the Civil Code).

Commercial rental of residential premises is one of the legal options for providing real estate for temporary residence. An indication of the commercial nature of this type of agreement does not imply the existence of a business relationship between the parties, but indicates the possibility of establishing a paid nature of residence for temporary residents.

What it is

The legislation does not contain special rules regulating the procedure for drawing up a commercial lease agreement. For this reason, counterparties must use the requirements established in Chapter 35 of the Civil Code of the Russian Federation, with the exception of regulatory rules directly related to the hiring of social housing stock.

By hiring, Article 671 of the Civil Code of the Russian Federation means the provision of a real estate property for temporary use to the tenant and his family members. The contract for the commercial lease of residential premises is of a paid nature, this is directly indicated by Art. 671 Civil Code of the Russian Federation. It is possible to highlight the features of this type of agreement:

the lessor may be the legal owner (proprietor) or a person authorized by him;
the tenant of housing under contracts of this type can only be an individual, since such objects can be transferred to organizations of any form of ownership for temporary use on the basis of a lease;
The intended purpose of this type of legal relationship is to use real estate only for the residence of citizens; conducting business or production activities in residential premises is not allowed.

Having ownership of residential real estate provides a full range of powers to dispose of real estate, including through the execution of a lease agreement. Other home owners (for example, tenants) do not have the right of disposal, and therefore are deprived of the opportunity to use the apartment for rent to third parties.

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How to conclude an agreement

To formalize contractual relations, the parties must comply with the requirements regulated by civil law. First of all, it is necessary to establish which real estate objects can be transferred for temporary use under commercial lease conditions.

According to Article 673 of the Civil Code of the Russian Federation, an object transferred on a lease basis must meet the following requirements:

isolation - the living space must be fenced with building structures and have an independent entrance (exit) to the common property of the house or apartment, or direct access to the street;
the premises must be suitable for permanent residence, i.e. comply with the rules and standards provided for by housing legislation;
Not only the whole object, but also its isolated part (for example, an isolated room in an apartment) can be rented out.

Thus, the premises that will be the subject of commercial rental include: an apartment, a private house, part of an apartment or house.

To conclude an agreement, counterparties must agree on essential and additional terms of the transaction. They will include:

the subject of the transaction is the transfer for temporary use of specifically specified residential premises;
rental period - the maximum period of the contract cannot exceed five years, this rule is established in Art. 683 of the Civil Code of the Russian Federation (if the period is not specified in the agreement at all, a five-year period will be applied);
the amount of regular payments for the use of residential premises is determined by agreement of the parties (utility fees will be paid separately, depending on the actual consumption of resources or the number of residents);
the list of persons who can be accommodated by a temporary tenant for the entire period of rental (for the placement and registration of minor citizens, this condition does not need to be specifically stipulated; such a rule is provided for by law);
the composition of the property that is located in the residential premises and is transferred for the entire rental period;
other conditions agreed upon by the parties (including the procedure for performing routine repairs, etc.).

To draw up an agreement of this kind, it is necessary to comply with the written form of the document; notarization is not required. It should also be taken into account that as a result of the lease, a restriction (encumbrance) of property rights arises, which is subject to mandatory state registration in the Rosreestr service. The registration rule must be observed only when concluding a contract for more than one year; this condition does not apply to short-term contracts.

To formalize the agreement, the parties will need the following documents:

identification documents of both parties (general passports, birth certificates of children, etc.);
title documents for residential premises (certificate of title, extract from the Unified State Register, etc.);
commercial lease agreement and transfer acceptance certificate.

When applying for registration of an encumbrance at the Rosreestr service, you will need to submit a payment document confirming payment of the state duty.

Housing use

In the process of living under rental conditions, tenants are obliged to comply not only with the terms of the contract, but also with the direct requirements of the law. If there is a significant violation of the procedure for using residential premises, early termination of the contract and forced eviction may follow.

We can formulate the main responsibilities of employers, which are fixed in the Civil Code of the Russian Federation:

use of the property only for its intended purpose, i.e. for residence of citizens;
ensure the proper condition of the leased premises;
timely fulfillment of the obligation to pay fees for the use of residential premises.

In addition, there is a direct ban on carrying out construction work on the redevelopment and reconstruction of housing; this can only be done with the consent of the landlord.

Since the content of the lease agreement necessarily indicates a list of entities acquiring the opportunity to use residential real estate, they have the legal opportunity to move in and register with the local department of the Federal Migration Service. Registration is a mandatory requirement of migration legislation; lack of registration will entail administrative liability. To register, you must present the original rental agreement; registration will be issued for the entire duration of the agreement.

If both parties properly fulfill their obligations, the contract will be terminated only upon completion of its term. At the same time, the legislation provides for the tenant a preferential opportunity to extend the rental agreement for a new term on the same terms, if the landlord does not have a more advantageous offer from third parties.

In addition to the standard situation with the expiration of the contract, it can be terminated early by the parties on the grounds specified in the Civil Code of the Russian Federation.

How to terminate

Termination of a commercial rental agreement for residential premises is carried out according to the rules regulated by Art. 687 Civil Code of the Russian Federation. To unilaterally terminate the contract, the tenant does not need to indicate any reasons or circumstances; it is sufficient to notify the landlord in writing three months in advance.

Forced termination of contractual relations at the request of the lessor will require confirmation of the following circumstances:

delay in payment of rent for residential premises for six months in a row (for short-term rentals, to terminate the contract it is enough to prove two months of delay in a row);
damage or destruction of residential premises transferred under the terms of the lease.

If these grounds arise and are reliably confirmed, the landlord has the right to make a demand to vacate the premises. If such a requirement is not fulfilled voluntarily, forced eviction will be carried out through the court.

There are special features for the judicial procedure for terminating a tenancy agreement:

the court has the right to grant the tenant a period (no more than one year) to eliminate the violations that served as the basis for forced eviction (for example, paying off debts or repairing residential premises);
if the violations are not eliminated within the period provided by the court, a repeated application by the landlord will entail unconditional forced eviction;
when making a decision to terminate the contract, the court, at the request of the tenant, has the right to grant a deferment of eviction (as a rule, this is due to the need to find new housing or for the winter period).

If it is not difficult to prove a violation of payment terms, then in order to terminate the contract due to deterioration of the condition of the property, you will need to present the appropriate evidence to the court. For these purposes, the deed of transfer that the parties signed when concluding the agreement will be important. In the contents of the act, both parties must record the actual condition of the housing transferred for use to the tenant.

If there is a significant deterioration in the condition of the housing, the landlord is obliged to prove this to the court by comparing the transfer deed and a document on the current condition of the premises. The drawing up of an act on the current condition can be carried out by the landlord himself with the participation of the tenants, or at his request by the authorized bodies of housing control and supervision (for example, the State Housing Inspectorate).

The law does not contain precise wording on determining the degree of damage that gives rise to the right to early termination of the contract. In each specific case, these circumstances will be assessed by the court on the basis of the evidence presented. If at the stage of the trial the tenant eliminates claims regarding the safety of the quality of housing, the claim will be dismissed.

The law also establishes the grounds under which a contract may be terminated early at the request of any party:

the occurrence of circumstances causing the residential premises to be unsuitable for permanent residence;
emergency condition of housing;
other grounds specified in the norms of housing legislation.

Note! These reasons may not necessarily be caused by unlawful actions of employers or the lessor. Often this condition is caused by the natural physical wear and tear of an apartment building or unforeseen circumstances (for example, a natural disaster, illegal actions of neighbors of adjacent apartments, etc.). In this case, if the other party refuses to voluntarily terminate the agreement, it is also necessary to contact the judicial authorities.

When terminating a contractual relationship, the following actions must be taken:

the tenant, as well as other persons specified in the contract, must vacate the premises within the period specified in the court decision;
at the request of the owner of the property, the Federal Migration Service will cancel the registration of family members of the tenant ahead of schedule;
the tenant is obliged to fully fulfill monetary obligations at the time of vacating the premises (pay utilities and repay outstanding payments to the landlord).

Also, in case of early termination of the contract, the tenant is obliged to actually transfer the residential premises back to the owner. To do this, a two-sided transfer deed must be drawn up, which indicates the actual condition of the property at the time of return.

If the tenant is forcibly evicted by bailiffs, an act of vacating the premises will be drawn up by an official of the FSSP. It must be taken into account that the tenant will be obliged to reimburse all costs associated with repair and restoration work (if the condition of the property has deteriorated during the rental period).

renting an apartment

______________________ "__"__________ 20___

(Name of apartment owner)

hereinafter referred to as the “Lenter”, on the one hand, and____________________

_______________________________________________________________________________,

(full name of the citizen-employer)

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

below.

1. Subject of the agreement and other general provisions.

1.1. The apartment belongs to (full name)________________________________________________________________

________________________________________________________________________________

based on (document of law)__________________________________________________________

________________________________________________________________________________

1.2. The Landlord transfers to the Tenant and persons permanently residing with him:

1.______________________________________________________________________________

2.______________________________________________________________________________

3.______________________________________________________________________________

a free isolated apartment suitable for permanent residence,

located at:

_______________________________________________________________________________,

consisting of ______ rooms, total area - _______ sq.m, living area - ________

residential use.

Availability of telephone: tel. No. _____________________________________________.

1.3. Citizens permanently residing with the Tenant have equal rights to

use of the premises. Relations between the Employer and such citizens

determined by law.

Responsibility to the Landlord for the actions of citizens permanently residing with

The tenant, in case of violation of the terms of this rental agreement, bears

Employer.

1.4. Other citizens may be moved into the premises with the consent of the Landlord, Tenant

and citizens permanently residing with the Employer, as permanent residents with

Employer. Minor children move in without the consent of the Landlord.

1.5. The employer and citizens permanently residing with him do not have the right to allow

accommodation in the premises for temporary residents (users).

1.6. The shortcomings of the residential premises at the time of transfer are indicated in Appendix No. 1 to

agreement - the Transfer Act, which is an integral part of this agreement.

1.7. The landlord transfers the residential premises with property in accordance with Appendix No. 1.

1.8. The rental period for residential premises is set from “____”___________20__. By

“____”_____________ 20___ (up to 5 years).

1.9. The fee for the premises is _____________________________ (amount) and is paid in

the following deadlines: _______________________________________.

1.10. Unilateral changes in the amount of payment for residential premises are not allowed.

2. Obligations of the parties under this agreement

2.1. The lessor undertakes:

2.1.1. Provide the Tenant with a comfortable residential premises suitable for living,

meeting the sanitary and technical requirements usually required for residential

premises.

2.1.2. Return to the Tenant the deposit for the safety of the property leased during

the Tenant's departure from the residential premises upon presentation of paid bills and

safety of the transferred property.

2.1.3. Warn the Tenant about the impending alienation of the residential premises (less than

sale, donation, etc.) three months before alienation.

2.1.4. Be responsible for the shortcomings of the rented residential premises and

property located in it, preventing its use, even if during

the conclusion of the contract was not aware of these shortcomings.

2.1.5. Eliminate the consequences of accidents and damages that occurred through no fault of the Tenant,

on your own.

2.1.6. Provide the Tenant with the opportunity to live in residential premises for

Calendar days from the date the Tenant receives the notice of

early termination of this agreement. The notice must be issued

in writing.

2.2. The lessor has the right to check the use of the property once a month.

The tenant's condition of the residential premises and property in advance agreed with

Employer time.

2.3. The Landlord has the right to offer the Tenant to enter into an agreement for the same or other

conditions or warn the Tenant about the refusal to renew this agreement in

in connection with the decision not to rent out the premises for at least a year (if the Landlord

failed to fulfill this obligation, and the Tenant did not refuse to extend the contract, the contract

is considered extended under the same conditions and for the same period).

2.4. The Lessor confirms that at the time of signing this agreement:

The residential premises are not under collateral, arrest, or encumbered with anyone’s rights.

or obligations of the Lessor;

The consent of all persons permanently registered in the residential premises was obtained.

2.5. The employer undertakes:

2.5.1. Use the residential premises only for your own residence and residence

persons specified in the contract.

2.5.2. Pay fees for the use of residential premises on time.

premises and maintain it in proper condition.

2.5.4. Treat the property located in the residential premises with care.

2.5.5. Eliminate the consequences of accidents that occurred in residential premises due to the fault of

Employer.

2.5.6. Follow the rules of residence in the house in which the living quarters are located.

2.5.7. Freely allow the Landlord into the residential premises for the purpose of checking it

use in accordance with clause 2.2. actual agreement.

2.5.8. Return the residential premises and property to the Landlord in the same condition as

in which they were leased taking into account natural physical wear and tear.

2.5.9. Before leaving, if you have not yet received your telephone bills, contact

ATS about their amount and leave the Landlord the necessary amount to pay them.

2.5.10. In case of detection of theft, damage caused by fire,

illegal actions of third parties, immediately notify the Lessor about this, and

in its absence, report it to the relevant competent authorities.

2.6. The Tenant has no right, without prior written consent from the Landlord:

2.6.1. Install equipment in a residential area (strengthening doors, installing

alarms and security systems, etc.).

2.6.2. Transfer residential premises to third parties, as well as rent residential premises to

2.6.3. Carry out refurbishment and reconstruction of residential premises.

2.6.4. N has the right to freely use the leased residential premises in

during the entire period of employment together with those specified in clause 1.2. present

agreements between persons.

3. Termination of this agreement

3.1. The employer has the right, with the consent of other citizens permanently residing with him, at any time

time to terminate this agreement with three written notice to the Landlord

3.2. This agreement may be terminated in court upon request.

The lessor in the following cases:

Failure by the Tenant to pay payment more than twice after the expiration date established herein

payment term agreement;

Destruction or damage to the premises by the Tenant or other citizens for actions

which he answers.

3.3. This agreement may be terminated in court at the request of any of

parties to the contract if the premises cease to be suitable for permanent residence, and

also in case of emergency; in other cases provided for by housing

legislation.

3.4. If, after warning the Tenant about the need to eliminate the violation,

The employer or other citizens for whose actions he is responsible continue

use the premises for other purposes or violate the rights and interests of their neighbors,

The lessor has the right to terminate the rental agreement in court.

3.5. In case of termination of the rental agreement in court, the Tenant and others

citizens living in the premises at the time of termination of the contract are subject to

eviction from the premises.

4. Final provisions

4.1. At the request of the Tenant and other citizens permanently residing with him, and with

consent of the Landlord The Tenant in this agreement may be replaced by one of

adult citizens permanently residing with the Employer.

4.2. In the event of the death of the Tenant or his departure from the premises, the contract continues

act on the same terms, and the Employer becomes one of the citizens, permanently

living with the previous Tenant, by mutual agreement between them. If so

agreement is not reached, all citizens permanently residing in the premises become

co-tenants.

4.3. Upon expiration of this agreement, the Tenant has a preferential right to

conclusion of a rental agreement for a premises for a new term.

4.4. This agreement comes into force from the moment of its signing, concluded in ______

copies.

4.5. Addresses and details of the parties:

Lessor: ___________________________________________________________________

________________________________________________________________________________

Employer:_____________________________________________________________________

passport: series _______________, number _______________________, issued ______________

________________________________________________________________________________

Signatures of the parties:

Landlord ___________________ Tenant ___________________

The real estate market does not stand still. Every day people look for housing, change, sell, rent out. If you don’t have your own “corner”, then you have to rent a room, apartment or house. How to avoid getting into trouble, what are the features of concluding a contract? Today we’ll talk about some of the nuances of renting a living space.

Hiring concept

Today, the conclusion of this agreement is regulated by the provisions of the Civil Code of the Russian Federation.

The first party is called the lessor, the second - the tenant. A legal entity cannot act as the latter under this agreement. For them, the law provides for the conclusion of a lease, and housing should be used only for the occupancy of citizens.

Hiring is distinguished between short-term (up to 1 year) and long-term. The main feature is the need for state registration of the encumbrance of the owner's rights to housing in the second case.

Some people often confuse the concept of hiring and renting. From a legal point of view, these are different institutions. Let's look at the main differences:

Only a citizen can act as a tenant, and a legal entity can also act as a tenant.
The object of the agreement in question is exclusively residential premises, leases - can be movable and immovable property (mainly industrial, offices, etc.).
The lease can be indefinite, the lease can be no more than 5 years.
A real estate lease agreement must always be registered with government agencies; a rental agreement must be registered only for a period of more than 1 year.

An object

As such, under a rental agreement between individuals, an isolated residential premises suitable for permanent residence can be used: a house, an apartment, part of it, etc.

Such quality as suitability is determined in accordance with the requirements of the housing legislation of the Russian Federation (LC, Government Decree of 2006 No. 47).

To be recognized as residential, the premises must have the necessary engineering and technical systems: water supply, sewerage, heating, sewerage, electricity, gas (where available). In villages and other settlements, the absence of sewerage and water supply in 1-2-story buildings is allowed.

These systems must comply with sanitary standards.

If the house has more than 5 storeys, then there must be an elevator. Living space cannot be located in the basement or basement. The structures and foundation of a residential building must not be damaged leading to destruction.

This is an incomplete list of conditions for recognizing an object as residential; the rest can be found in the Government Decree.

Landlord: his status

The law considers this person to be the owner of the property or a citizen authorized by him (for example, by a notarized power of attorney).

It follows that when concluding a rental agreement for residential premises, you should check the authority of the lessor. There are also cases of fraud when a person rents out an apartment and receives a deposit several months in advance without having the right to do so. Restoring the original position in this situation will be very problematic.

Basic rights of the landlord:

enter the residential premises, monitor the condition and safety of the property located there;
to receive payment for rent;
give consent to the placement of tenants not specified in the contract;
prohibit keeping animals.

Responsibilities:

hand over the premises vacant and in a condition suitable for habitation;
properly operate the residential building where the apartment is located;
provide utility services to the tenant for a fee;
ensure the repair of the common property of the apartment building.

Employer: rights and obligations

Only an individual can act as this party to the contract.

If other family members move in with the tenant, this must be stated in the agreement.

If they arise after the signing of the residential lease agreement, they are moved in with the consent of the landlord and other residents, subject to compliance with the area standards.

They have the same rights as the main tenant. These persons may enter into an agreement with the specified person, notifying the landlord of joint liability to the owner of the property. In this case, they will be co-tenants. This status gives them equal responsibility for paying utility bills, maintaining living quarters, etc.

to provide premises in proper condition, suitable for habitation, and in accordance with the terms of the contract;
for the provision of quality public services;
carry out reconstruction/reconstruction of the premises only with the consent of the landlord;
move in other family members who permanently live with him, with the permission of the owner, subject to the norm of area per person (in the case of minor children - not required);
pre-emptive right to conclude a contract for a new term;
enter into sublease agreements with the consent of the owner.

Responsibilities:

operate housing in accordance with its purpose - for the residence of citizens;
maintain the condition of the premises that existed at the time of rental;
make payments in accordance with the terms of the agreement;
pay for utilities, unless otherwise provided by the agreement;
responsible for the actions of persons living with him.

The law includes in this category persons who live in rented residential premises free of charge on the initiative of the tenant with the prior consent of the owner. They are also called users.

The landlord may prohibit the occupancy of these persons if the standard housing area per person is not met. The employer will be responsible for their actions.

The period of residence of such citizens cannot be more than 6 months.

They must leave after the expiration of the period agreed upon at the time of check-in. If one has not been established, then within a week from the presentation of such a requirement.

Social hiring

This is a variation of the concept we are considering in this article. The main difference is that the owner is a state or municipal body. These legal relations are regulated by the provisions of the Housing Code of the Russian Federation.

Already in the very name “social rental of residential premises” lies its goal: assistance to the low-income segments of the population who are recognized as needy. They are not charged a fee, but they must fulfill the obligation to make utility bills and repairs.

In view of this, social rented housing can only be obtained by persons recognized as needy and registered accordingly. Apartments are provided on a first-come, first-served basis. For registration, different regions have their own criteria, and when moving in, the standard is taken into account - at least 18 square meters. m for 1 person.

Social rental and rental of residential premises for commercial purposes are concluded by agreement. The main difference between the first agreement in the status of a tenant is that persons living with him have equal rights and responsibilities and have the right to conclude an agreement after the death of the main tenant.

Renting residential premises in this situation is not limited to any period.

The owner’s responsibilities are almost the same, with the addition of major repairs.

Another feature of the agreement is that the tenant and his family members can be evicted with or without the provision of housing (including comfortable housing). In the first case, this may happen due to reconstruction and major repairs of the house, demolition, transfer to non-residential use, recognition as unfit for habitation, or transfer to religious organizations. Unequipped premises may be provided to citizens who have not paid their utilities for more than 6 months without good reason. And for absolutely nothing, they can evict people who use housing for other purposes, destroy it, repeatedly violate the rights of neighbors, as well as people deprived of parental rights.

All these procedures are carried out only in court.

Pay. Term

Commercial rental of residential premises differs from social rental in these two important conditions.

The payment amount is agreed upon by the parties and specified in the contract. The exception is when the law sets a maximum amount that cannot be exceeded. The deadline for its payment can be set similarly (monthly, quarterly, once every 2 months, etc.) If the moment of payment is not specified in the contract, then this obligation must be fulfilled once a month.

The lessor cannot unilaterally change the amount of the amount, unless otherwise stated in the agreement or law.

It is usually stipulated that the increase is made once a year.

A residential rental agreement between individuals concluded for a period of up to 1 year is called short-term. The provisions of the Civil Code of the Russian Federation on moving in permanent household members, temporary guests, subletting, replacing the main tenant, the preemptive right to conclude a new agreement, and deferment of its termination by a court decision do not apply to him.

The legal limit is 5 years. If this condition is not defined in the contract, then it is considered valid until the expiration of the specified period.

Form

An agreement for the rental of residential premises by individuals must be concluded in writing.

If the validity period of such an agreement is more than 1 year, then the encumbrance on the property rights of the home owner must be registered with government agencies.

If this requirement is not met, the transaction will be considered void.

What does a sample residential rental agreement between individuals look like? Let's get to practice. Typically, the structure of the document is as follows:

name of the agreement;
place of detention, date;
Full name of the landlord and tenant, place and date of birth, passport details, addresses;
Section 1 - the subject of the agreement: it is indicated that the object, its characteristics, location, information about the owner, persons moving in with the tenant are transferred for living;
Section 2 - rights and obligations: the main ones are quoted from the Civil Code of the Russian Federation, you can add your own (prohibition on keeping animals, etc.);
Chapter 3 - about the amount of payment and the procedure for making it, including the currency of settlements, the issue of execution of utility payments, a condition on collateral for the proper fulfillment of obligations may be specified;
4 - term;
5 - responsibility of the parties;
6 - termination of the contract, extension: clauses of the law can be taken as a basis + their own can be added that do not contradict it;
7 - other conditions: here the number of copies of the agreement is indicated, the method for resolving disputes, their jurisdiction is determined, the procedure for changing and supplementing the conditions;
8 - signatures of the parties, their contact information;
Appendix No. 1: acceptance certificate;
Appendix No. 2: located on the premises, indicating the market value.

See the photo above for what a sample residential lease agreement looks like. As you can see, the document must contain mandatory “legal” elements:

a header with the name of the agreement, the parties, the date and place of conclusion of the agreement;
Object name;
term;
payment procedure and amount (in case of absence there will be a free use agreement);
signatures of the parties;
act of acceptance and transfer.

Other elements are optional, if you do not write them down (rights and obligations, termination, liability, etc.), these issues will be regulated by the provisions of the Civil Code of the Russian Federation.

Termination

This procedure can be carried out either by agreement of the parties, on the initiative of the tenant with mandatory warning to the landlord 3 months in advance, or at the request of the latter by court decision in certain cases, which we will now consider.

So, the judicial grounds include:

the tenant does not pay for housing for 6 months or more, unless otherwise established by agreement, for short-term rentals - if the amount is not paid twice;
tenants damage or destroy the premises;
use it for other purposes or systematically violate the rights of neighbors (the right to file a claim arises after the first warning in case of lack of response);
emergency condition of the facility, recognition as unsuitable;
others provided for by the Housing Code of the Russian Federation.

For the last two reasons, the contract can be terminated at the request of any of its parties.

The court may, on its own initiative or at the request of the tenant, grant the latter a period of up to 1 year to eliminate the violations due to which the landlord filed a lawsuit. If there is no adequate response from the tenant during the specified period in the form of “working on mistakes,” the owner can re-apply to the court with the same demands, and the court will take his side.

In case of termination of the contract, the tenant and other household members are subject to eviction according to this decision. At the same time, he may request to defer the execution of the adopted act for a period of no more than a year.

The judicial grounds for terminating a social tenancy agreement are almost identical to those above. It is also considered terminated from the moment the tenant leaves for a new place of residence, with the death of a tenant living alone, due to the destruction of the premises.

Litigation

This is the main method of protecting the rights of the parties to a contract in the event that it was not possible to reach an agreement peacefully.

It is worth noting that all pre-trial correspondence, in particular warnings to eliminate violations of rights, letters, proposals to extend the contract, to change its terms, are best done in writing. This will make it easier to defend your position in a possible lawsuit.

Of course, no one is protected from unscrupulous employers. Imagine you are renting out a renovated apartment with all the amenities, furniture, appliances, etc. The tenants seemed like a nice young couple. Without bothering you, you downloaded and signed a printed rental agreement template online. At the same time, when they arrived at the apartment a month later, they found damaged furniture, a smoky carpet, a large dog that had peeled off the wallpaper and the door, and a mountain of cockroaches on unwashed dishes. What are your actions in this situation? First, you need to record everything you saw: using video, photos with the date displayed, neighbors - by drawing up a report in the presence of the employer himself. Issue the latter a warning to eliminate the violations and threaten with eviction through the court, set a reasonable period for eliminating the “nightmare”.

This example clearly demonstrates the consequences that can result from a careless approach to paperwork and the lack of an initial definition of the boundaries of what is permitted.

In this case, it is worth mentioning right away that it is better to include clauses on the possibility of keeping pets in the rental agreement, a sample of which is presented in the review, before concluding it. As well as an inventory of existing property and its value.

If, after the expiration of the established period, the tenant does not take any measures, then you can safely go to court with a claim on the basis of “damage and destruction of housing”, perhaps there will be a “systematic violation of the rights of neighbors”, and also demand compensation for your losses.

In any case, before the trial, you need to collect a significant evidence base.

As for the rights of employers, there is often a violation in the form of an unmotivated increase in pay. The law states that unilateral changes are not allowed unless otherwise provided by the contract. When there is no such clause, the amount must remain constant throughout the term of the agreement. In such cases, litigation is rare: people either reach an agreement or look for a more acceptable option, since the trial is also associated with waste and loss of time.

Thus, renting residential premises is a rather specific area that requires detailed study of each point of the relationship. Missing important points can have dire consequences. Therefore, before renting or renting an apartment, secure a competent rental agreement for residential premises.

In what situations should I use a lease agreement, and in what situations should I use a rental agreement? What are the legal provisions of the parties to these agreements? Do they need to be registered and notarized? About all this and also sample residential lease agreement In this article.

According to the Civil Code of the Russian Federation, lease contract(lease) is a civil contract under which one party (lessor, lessor) undertakes to provide the other party (tenant, tenant) with property for a fee for temporary use.

In what situations should I use a lease agreement, and in what situations should I use a rental agreement?

Chapter 35 of the Civil Code of the Russian Federation is devoted to the residential lease agreement, and the relations of the parties under the lease agreement are regulated by Chapter. 34 Civil Code of the Russian Federation. And there is no need to choose between these two types of contracts, since its type is determined by the object (residential or non-residential premises) and the subject composition of the parties (a legal entity or individual rents the object).

If residential premises are transferred into the possession and (or) use of a legal entity, then the only option provided for by law is to use a lease agreement (clause 2 of article 671, clause 1 of article 677 of the Civil Code of the Russian Federation). A If the apartment is rented to a citizen (individual), then a rental agreement is concluded.

Legal provisions of the parties

In a lease agreement, the rights of the tenant, as a “weak party,” are especially protected by law. The condition for unilateral termination of the contract by the tenant is preliminary warning to the landlord, and the consent of the citizens permanently residing with the tenant. If these conditions are met, the contract is considered terminated regardless of the consent of the lessor.

And at the initiative of the landlord, the rental agreement for residential premises can be terminated without the consent of the tenant only in court, and only on the grounds provided for by law. Such reasons may be:

Failure to pay money more than twice within the period established by the contract;

If the tenant of the residential premises or other citizens for whose actions he is responsible use the residential premises for other purposes;

Or systematically violate the rights and interests of neighbors;

Either the tenant (or other citizens for whose actions he is responsible) destroys or damages the residential premises.

To avoid problems with eviction of unscrupulous tenants and litigation, landlords are recommended to enter into a rental agreement for a period of 1 month, even if you are going to rent out the premises to this tenant for several years. And renew it every month.

This is due to the fact that in order to evict an unscrupulous tenant, at the end of the tenancy agreement, you will only need to change the locks in the presence of a local police officer. However, if the tenant has a valid (not expired) rental agreement under which he can live in your living space, then the district police officer, if the tenant refuses to voluntarily vacate the living space, will only advise you to go to court.

Is it necessary to register the contract?

According to the conclusion of experts from the Legal Consulting Service GARANT, in accordance with paragraph 1 of Art. 164 of the Civil Code of the Russian Federation, transactions with real estate are subject to state registration in the cases and in the manner provided for in Art. 131 of the Civil Code of the Russian Federation and Federal Law of July 21, 1997 N 122-FZ “On state registration of rights to real estate and transactions with it.” None of these regulations contain a requirement for state registration of a residential lease agreement.

A rental agreement for residential premises is an independent type of agreement (Chapter 35 of the Civil Code of the Russian Federation), and not a type of lease agreement (Chapter 34 of the Civil Code of the Russian Federation). Therefore, the norms contained in the legislation on state registration of real estate lease agreements do not apply to residential lease agreements.

Thus, the rental agreement is NOT subject to state registration, regardless of the period for which it is concluded.

If the residential premises are transferred to a legal entity, then a lease agreement must be concluded (clause 2 of Article 671, clause 1 of Article 677 of the Civil Code of the Russian Federation), which is subject to state registration if it is concluded for a year or more.

Do I need to have the contract certified by a notary?

According to Article 674 of the Civil Code of the Russian Federation, a rental agreement for residential premises is concluded in simple written form. Notarization is not required.

Sample contract

RESIDENTIAL PREMISES LEASE AGREEMENT

from ___/_________________20__ city _______________

We, the Undersigned: __________________________________________________________ hereinafter referred to as the “Lender”, on the one hand, and __________________________________________________________ hereinafter referred to as the “Tenant”, on the other hand, have entered into an Agreement as follows.

1. Subject of this agreement

1.1. The “Landlord” undertakes to provide the “Tenant” with residential premises, and the “Tenant” accepts residential premises for temporary use and accommodation for a fee ( apartment, room, room, house. ) located at: ___________________________________________________

1.2. The “tenant” rents out the premises on the basis of ownership.

1.3. Together with the “Tenant” the following will live in the apartment during the rental period: _______________________________________________________________________________________

1.4. The hiring period is set from “__________” ________________ 20__ to “__________” __________________ 20__.

1.5. This agreement may be extended by agreement of the parties.

2. Rights and Obligations of the parties

2.1 “The lessor undertakes:

Provide free access to the Tenant to the premises;

Provide the “Tenant” with his property located in this residential premises for use, in a condition corresponding to its purpose.

Visit the premises no more than once a month, with notification to the “Tenant”; and also has the right to be in the premises without the consent of the “Tenant” to eliminate accidents that occurred in the absence of the “Tenant”, in order to avoid causing damage to the above premises and the premises located in the neighborhood.

2.2. The "Tenant" undertakes:

Pay rent on time and other payments provided for in clause 3.

Use the premises only for the purpose specified in clause 1.1. (for residence purposes). Do not sublease the premises and do not transfer the rights of use to third parties;

If the composition or number of residents changes, notify the Landlord in advance and agree on the changes with him.

When vacating this premises, transfer it and the property located in this premises to the Landlord in a condition no worse than when signing this Agreement, taking into account its natural wear and tear.

Compensate for material damage caused to property or premises due to one’s own fault or negligence, or the fault or negligence of persons living with it or guests.

Observe fire safety rules, house rules, and do not disturb the peace of neighbors. - Do not change locks (lock cylinders) without the permission of the Landlord.

Allow the “Landlord” to show the premises 10 days before the expected date of vacancy. “The Tenant”, depending on the needs of the “Renter”, but by prior agreement on the time of the show.

Do not have pets without the consent of the Landlord.

Do not make any alterations or re-equipment of the rented premises without the written permission of the Landlord.

3. Payments and settlements

3.1. According to the agreement, the fee for using the premises is

_______ /________________ ______________________________ rubles per month.

3.2. Payment for utilities, as agreed, is made by ___________________________

3.3. The “tenant” makes payments for the duration of the stay for electricity, water supply, gas supply ( Underline whatever applicable) by electric meter, cold water meter, hot water meter, gas meter (underline as appropriate)

3.4. The telephone subscription fee is paid by ______________________

3.5. Payment for long-distance calls is made by the “Tenant”.

3.6. Rent payments are calculated from "_____"_________________ 20___.

3.7. Payments are made by the “Tenant” by prepayment for ______month(s) in advance, in cash rubles, by transferring them to the “Landlord” during a personal meeting of the “Tenant” with the “Landlord” or their representatives;

3.8 Payment is made by the “Tenant” no later than _______(_____________________) day of the month.

3.9. At the time of signing this Agreement, the “Tenant” transferred to the “Landlord” the amount of ____________ (___________________________________________) rubles for the use of the premises, which is payment for ____________ month / deposit (underline as appropriate).

3.10. Electricity meter readings as of the date of signing the contract: ________________ kW

3.11. Cold water meter reading: ____________________

3.12. Hot water meter readings: _______________________

3.13. Gas meter readings: _________________________________

4. Responsibility of the parties

- The “Tenant” confirms that before signing this Agreement he inspected the residential premises he rented and has no complaints about its technical characteristics and sanitary condition. - Early termination of employment and termination of this Agreement by the Landlord is possible in cases of violation by the Tenant of its obligations under this Agreement.

In case of early termination of employment and termination of the Agreement, each party is obliged to notify the other party no later than 10 days before the date of the expected termination of employment. In this case, the fee paid in advance by the “Tenant” is returned by agreement.

The parties mutually checked personal documents and documents confirming the right to dispose of this premises.

- “Landlord” confirms the consent of the persons registered or having the right to dispose of this premises 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.

When making a deposit as an initial payment, in the event of the “Tenant’s” refusal to hire and/or lack of payment for the 1st month of rent before “_____”______________201__. inclusive, the deposit transferred to the “Lenter” is not returned, and the contract is considered terminated.

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.

All disputes arising in connection with this agreement are resolved through negotiations and in accordance with the legislation of the Russian Federation.

This agreement comes into force from the moment of its signing

This agreement is drawn up in two copies, each of which has equal legal force.

5. List of property

6. Additional terms

__________________________________________________________________________________ __________________________________________________________________________________

7. Signatures of the parties

"RENTER" "TENANT"

Signature:_________________ Signature: _____________________ Tel._____________________ Tel. _________________________________

Resides: __________________________________________