More than 45% of Russian citizens face a housing problem. Buying real estate for many families is not available due to its high cost, huge interest rates on mortgage programs also do not allow to resolve the issue, it remains to use the service that is quite widespread due to its popularity - to rent a dwelling.
It is necessary to approach this issue seriously, analyze the rental market, select optimal conditions, and eliminate possible risks as much as possible. And only after that you can sign a lease of housing.
Preparatory stage
The conclusion of a tenancy agreement is the final action of all the work done. Each potential tenant at the initial stage chooses a property (house, apartment, cottage), its location, suitable infrastructure.
The next step is the process of comparing similar options in terms of cost, terms of employment, terms, etc. It is better to entrust the verification of the legal side of the future transaction to a professional. Documents that confirm the owner’s rights to real estate, the consent of all owners of the property and many other nuances must be carefully studied before signing the contract.
Rent or hire
Legal relations arising between citizens (individuals) are regulated in the Russian Federation by the Civil Code. A tenancy agreement with a tenant and a landlord is covered by Chapter 35 of the Civil Code. In the study of this chapter, we can highlight several points that are mandatory for the preparation of the optimal form of the document.
A lease agreement in 90% of cases is concluded between individuals, 10% of transactions are conducted with legal entities. Enterprises have the right to provide their employees with apartments for temporary residence, while the majority does not own housing. In this case, the practice of renting premises from individuals (owners of apartments, rooms), and between the owner and the legal entity a lease of premises is signed.
A prerequisite for signing a document is its state registration, which is beneficial to both parties. The owner (lessor) receives guarantees for the fulfillment of all requirements, the organization (tenant) has the right to reflect the relevant payments as part of the costs. In the legislation of the Russian Federation at the moment, a lease agreement for a dwelling with an individual concluded between citizens is regulated as a lease. However, in everyday life, these concepts are identical.
Document Registration
The owner (owner) of the living space, which is not currently used, can lease it to an individual or company in order to obtain additional income. In this case, the question is often asked whether it is mandatory to register a rental contract for a dwelling. There is no definite answer, it is necessary to take into account all the nuances of the transaction.
When signing an agreement between the owner (individual) and organization (legal entity) registration is required, this is in the interests of both parties. The contract of rental (rental) of premises, signed by citizens, is subject to registration by mutual desire or with a validity period of more than 11 months.
Also, transactions that do not imply the receipt by the landlord of income, i.e.,a contract for gratuitous rental of premises. This type of arrangement is possible between relatives or families maintaining friendly relations. The registration process consists in entering the relevant data into the Unified State Register (state register of rights). To do this, one of the parties provides the following documents:
- Application for registration.
- The lease agreement (concluded) for residential premises (in duplicate, if there is a third party, then in three).
- Receipt (copy and original) on payment of state duty.
- Explication of a residential property (passport, it is pre-ordered in the BTI).
After that, the lease of a dwelling becomes legally binding. Although most often the transaction is legalized by notarization or competently drafted model agreement.
Housing lease: sample
Obligations of the parties arising from the hiring of a property must be fixed in writing. An apartment rental agreement is drawn up, signed by all parties to the transaction, each of which is provided with a copy of the document. In practice, several forms of form are used, developed according to a single standard. Mandatory points of the document are:
- Information about the tenant and lessor.
- Information about the subject of the contract.
- Responsibility of the parties (duties and rights).
- Cost (price) of the contract and settlement procedure.
- Duration (period) of validity.
- Lease termination residential premises (order, reasons, conditions).
- Additional terms.
- Signatures of the parties.
Paragraph 1
The name of the contract, number, date of preparation are indicated as initial information in any version of the standard forms. The following are the personal details of the tenant and lessor. The required details in this case are the surname, name, patronymic, passport data (series, document number, by whom and when issued), registration address, contact telephone numbers. Each party to the contract in the following text is referred to according to the legal position - the lessee or lessor.
Paragraph 2
Contains information about the subject of the contract, i.e., the leased property. The lessor referred to in paragraph 1 shall provide the tenant with a room for temporary use (the type of room, cottage, apartment, house, etc.) is indicated, which is located at the address (city, district, street, house number, apartment). The following is a description of the object: entrance, floor, number of rooms, all information about the subject of the contract at the request of the lessor.
This section also necessarily indicates a document confirming ownership of residential real estate, which is the basis for the transaction. If there are several owners, the latter are listed with a list of permits (powers of attorney) in the name of one owner who acts as a party to the contract. Before signing the document, it is necessary to confirm the authority of the landlord and verify the authenticity of the data provided by him. The subject matter of the contract (residential real estate) must correspond to the purpose of use, so a preview by the tenant of the object is desirable.
Paragraph 3
The obligations and rights of each of the parties to the contract are fully recorded to guarantee the security of the transaction. General provisions are as follows:
1. Responsibilities of the tenant:
1.1. Within the specified period and in the agreed amount, make all types of payments provided for by the signed agreement.
1.2. To operate a residential property for its intended purpose.
1.3. To provide the lessor with access to property within the time period established by the contract and according to objective necessity.
1.4. Promptly inform the owner of all malfunctions of the property and property transferred with it.
1.5.All actions related to the reconstruction (reconstruction, modernization) of the object shall be carried out with the written consent of the owner.
1.6. Upon expiration of the contract period, vacate the leased object.
1.7. In case of damage to the property or property, fully compensate the owner of its value.
2. Responsibilities of the lessor:
2.1. Provide the second party with the object of residential real estate in a condition suitable for operation (the acceptance and transfer certificate of the object must be signed by both parties, drawn up in two copies and be an integral part of the entire contract) on time.
2.2. Provide guarantees that the premises are not currently pledged, are not the subject of legal proceedings, are exempted from claims of third parties, and are not leased to another tenant.
3. Rights of the lessor:
3.1. The owner of the premises has the right to exercise control over the use of property. By agreement with the tenant, he has the right to visit the property for an agreed number of times at a specific time.
In case of renting an apartment with property (furniture, household appliances, interior items, etc.), the number of units and their condition at the time of receipt for use are reflected in the act of transfer. The termination of the lease of a dwelling occurs after a quantitative verification of all these facilities, their condition is evaluated taking into account depreciation during operation.
Paragraph 4
The cost of rental property in the contract is indicated at the request of the parties (as a monthly fee or the total amount for the entire rental period). The document contains an indication of a specific date for making the next amount. Depending on the preliminary agreement of the parties, the amount may be fixed or change during the rental period.
The contract prescribes obligations to pay for communication services (Internet), utilities, and also stipulates the timing of their introduction and the procedure (through the owner or directly to suppliers). Some types of agreements involve the transfer to the lessor of a certain guarantee amount, which is returned to the lessee after the expiration of the transaction minus the existing debt at that time.
Paragraph 5
A tenancy agreement may be long-term or short-term. Depending on this, there is a need for its registration with state bodies and the tax inspectorate. With a transaction term of 1 to 11 months, it is short-term, for a period of more than a year - long-term. In paragraph 5, the date of the beginning and end of the contractual relationship is indicated, a separate clause prescribes the possibility of extension.
Paragraph 6
All other conditions are reflected in the clause “additional”. In particular, the procedure for resolving disputes and resolving disagreements between the parties to the contract is stipulated. The number and name of the documents that are part of this document are registered, the procedure for signing additional agreements is indicated, etc. Also, the number of people living in the room with the children (under the age of 18 years) is prescribed in the additional conditions.
Paragraph 7
The final clause of the contract are the signatures of the parties. The owner of the premises (or a person duly authorized) signs the document as a landlord. The tenant signs as a tenant. Similarly, a document is signed on the transfer of the property, after which the contract is considered to have entered into force.
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