Renting an apartment is a common process, which is fixed by the conclusion of a lease or rental document. However, everything is not as simple as it might seem at first glance. Competent execution of such a transaction does not always happen, which very often causes conflicts and problems for both parties to the contract. How to draw up an apartment rental agreement? The information will be useful to both the owner of the apartment, who wants to organize a passive source of income, and the tenant.
What should be considered when drawing up an apartment rental contract?
How to conclude an apartment rental agreement? As a rule, a minimum of problems occurs if the ownership of a dwelling is owned by one individual. In such a situation, it will be she who will sign the contract of employment. However, this procedure can be performed by an authorized person from the tenant if he is not able to certify the documents.
The circumstances are greatly complicated when there are several owners of the premises. To rent such housing, you need to get the consent of all its owners. The apartment rental agreement (form below) must be certified by the signatures of each owner or their official representatives.
What to do if the lessor does not want to provide all the necessary information and documents? In this case, it is better to refuse further cooperation with him and look for another apartment for rent. Always remember that if the drawn up apartment rental agreement does not comply with the law, such a document will be invalidated, which will entail serious problems for the tenant.
Do I need a rental contract? Of course. It is important not to forget to think in advance what will be indicated in the document and carefully read it. A correct apartment rental agreement usually contains the following points:
- term of the contract;
- payment and its size;
- terms of payment;
- an inventory of the property present in the apartment and its current condition;
- circumstances of payment of utility bills, electricity and the Internet;
- Description of the natural depreciation of the interior and objects, if any, is present in the apartment.
Verification of the owner and documents for the premises
The most important thing that people sometimes forget about when filling out a rental contract is to check the landlord. The form of an apartment rental agreement can be different, but check all the documents you need. To begin with, it is worth asking to present the original passport, and not a photocopy of it. Check the title deed very carefully. This is the most important point, which indicates the right of the owner to the residential plot.
It is worth noting that until 2000 a certificate of ownership of the apartment was issued, and since October 2013, along with a document on state registration of property, they began to additionally issue an extract from the Unified State Register.
Do not lose sight of title documents and a number of other trifles
It is always important to play it safe, therefore, together with a certificate of fixing the right of ownership and an extract from the Unified State Register of Enterprises, ask the tenant to submit documents for housing, that is, an act by which the ownership of the premises is exercised. The contract for renting an apartment by an individual can begin to be drawn up and signed only after all the owner's documents have been checked.
There are several options for such documents: there is a certificate of ownership, a deed of gift, sale, certificate of inheritance or privatization. If the selected apartment belongs to a housing cooperative, ask the tenant for a certificate of the paid share. Quite often, people confuse the exposed paper with various certificates of legal registration or registration in the register of owners.
It is impossible to replace the certificate of ownership and extract from the Single Municipal Register of Rights. In addition, all papers submitted should be reviewed for amendments in the date and registration number. Seals and signatures must be clearly distinguishable.
Registration of an act of acceptance of an apartment
In addition to the duration of the contract, the amount of the rental fee and other points, the tenant must indicate in the document the time at which he will visit the apartment to examine its condition. He must also indicate the period during which he must notify the tenant of his visit.
Together with the lease agreement, it is necessary to draw up an act of transfer and acceptance of the apartment indicating its defects so that in the future you could not be hanged on damaged equipment or poor-quality fittings, a broken shower, which were in such condition even before your arrival.
How is the rental of an apartment with a buyback?
The Civil Code of the Russian Federation on this issue says that a law or an agreement on renting an apartment (sample below) may stipulate that the leased property is transferred to the tenant after the lease expires.
It turns out that the client can make a lease of an apartment with a buyout with the owner of the living space. It is worth paying attention to the following points:
- in no case is it permitted to interpret the agreement stipulating the right to buy out the leased property, as this may lead to the refusal or termination of the transaction (the document must be clearly written and understood clearly);
- a contract for the lease of property, providing for the transfer of ownership of this asset to the lessee in the future, must be concluded in the form that is used for the contract of sale of living space;
- An important condition of the lease agreement with the redemption is the size of the price.
The contract of sale of housing
Thus, in order to purchase an apartment with the right of further redemption, you need to conclude an agreement on the form of sale. Next, you need to make payments on time, and after paying the entire redemption amount, make a document to complete the transaction.
Almost all the circumstances of the contract with the subsequent right to buy real estate are listed below: the amount of the redemption amount, monthly payments, and the deadline (all this is set by the owner of the living space and the client).
The presented property acquisition scheme may be of interest to a client who is willing to invest personal finances in the purchase of real estate for the purpose of acquiring profit, or to owners of elite housing. Nowadays, there are many investment organizations offering the purchase of housing on lease agreements with subsequent redemption. However, his term in these companies does not exceed about twenty years.
About utility bills and pets
In the event that under the contract utilities are on your shoulders, it is advisable that you create a separate folder where you will put all paid receipts so that in the future there will be no problem situations.
Keeping pets in the apartment without the consent of the landlord is not recommended, as they can ruin the property or furniture of the owner. Sometimes this is prescribed in a separate clause in the lease of living space, but you can also agree orally.
Features of a room rental agreement in an apartment
Of course, a written form is required for a room rental contract in an apartment, and if you plan to rent for a long time, then you can’t do without state registration.
The contract should specifically specify the direct obligations of the parties and their rights. Depending on where the room is rented, the contract will provide for the features of the building:
- If we are talking about a hostel, then the contract indicates the tenant's obligation to comply with the schedule. Violation of such a requirement threatens eviction from the room. All domestic problems arising at the time of the owner’s residence, as a rule, are solved by him independently, if this is not specified in detail in the contract.
- If we are talking about a communal apartment, the contract strictly fixes the size of the payment and its date. The owner must also indicate in the document a paragraph about a possible change in the amount of the rent and the circumstances due to which it may rise or fall. Also, the time for which the tenant needs to inform about this fact must be indicated.
The difference between a lease and an apartment lease
The configuration of the rental contract, as well as the rooms, is only written. The heading of the contract indicates:
- date of drawing up the contract;
- place of its compilation;
- parties involved in the transaction are designated.
The main part indicates the obligations of the parties, the cost of hiring and the timing of payments. The drawing up of the room rental document is governed by the rules applicable to the rental of premises. The criteria are spelled out in the State Code of the Russian Federation. In accordance with the signed document, the owner of the building gives the landlord a room where he will continue to live. The tenant must use the living room only for the purpose of the contract, and also keep the room in well-groomed condition.
The contract should comprehensively describe the premises being leased. If the room is located in the common living space, then the list of social use places and rooms that are also rented is included in the document structure. For example, a corridor or a bathroom can also be rented.
In accordance with the Civil Code, the owner of such a premises may be an exclusively capable citizen.
How to terminate an employment contract?
Sooner or later, you will have to say goodbye to a rented apartment. The easiest option to terminate the apartment rental contract is to leave the home after the contract expires. If we are talking about the early termination of the document, then there are a few points to consider. So, if the owner of the premises acts as the initiator of such a transaction, then it can be indicated in the contract that in this case he must pay in part the amount spent by the tenant in search of a dwelling.
If this amount was paid in advance, then the owner of the apartment must be returned to their tenant. If the tenant himself wants to terminate the contract ahead of schedule, the deposit remains with the owner of the premises.
What is important not to miss when drafting a rental contract for a long time?
When a dwelling is rented to a person, the act takes on the form of hiring a residential building. According to the State Code of the Russian Federation, the rental of housing as a type of act is performed in cases where the tenant is a legal entity. In this case, the company can use the residential building only for people to live, for example, to accommodate nonresident employees or to surrender to other people.
The key when renting a living space is to verify the owner’s right to rent an apartment and to pay close attention to the documentation of the contract, as well as its annexes: an act of acceptance and transfer, receipts for receiving a payment for accommodation. Mandatory, the owner of the premises must have a certificate of ownership and be prepared to provide paper to the tenant for review.