Real estate transactions in Russia are in a high risk zone. Neglecting the elementary rules of paperwork when concluding an agreement on the rental of a dwelling can lead to undesirable consequences, even if the transaction is between relatives or good friends.
This applies to the owner of real estate, buyers, tenants of residential and non-residential premises. Of course, an appeal to real estate agencies and law firms specializing in the support of such agreements does not exclude the attentive and conscientious attitude of the participants in real estate transactions themselves towards the drafting of an employment contract.
Some features of concluding a tenancy agreement
The written conclusion of a contract for the rental of premises will help participants in the transaction to clearly formulate, detail all their requirements and wishes and the most significant conditions for cooperation. This will further avoid misunderstandings, conflicts and disputes leading to litigation.
Concluding tenancy agreement the form of which any realtor or lawyer has, it is necessary to pay special attention to some important points. For example, a lease agreement may be concluded with one person, and other persons will reside in the dwelling. They must be indicated in the relevant clause of the contract. In this case, according to the law, the landlord resolves all disputed issues only with the person who signed the contract.
Moreover, we must not forget about the requirement of legislation to the norms of the area for one person. After all, the tenant has the right to move his minor children into the apartment without the consent of the landlord.
The most common contentious issues that go to court
As practice shows, the main controversial issues when renting or renting premises for living are the terms, amount, form of payment and termination of the contract. This may be expressed in:
- untimely payment of utilities (this item in the contract, as a rule, pays special attention: the terms and amount of payment are clearly stated);
- misuse of the leased premises (for example, the organization of an office or renting out;
- unwillingness of tenants to pay for damaged property (household appliances, equipment) or damage to the premises;
- the reluctance of tenants to leave housing after the expiration of the rental period specified in the contract;
- the desire of the owner of the apartment or house to use the disputed premises for other purposes.
Also often disputes arise regarding the repair of premises. It is traditionally accepted that minor repairs of premises, equipment, and machinery are carried out by the tenant himself. Overhaul of the premises leased out is carried out by the landlord himself. If such repairs can affect changes in living conditions, then they can only be done with the consent of the employer.
Standard tenancy agreement, its main characteristic
When drafting such a document as a contract of tenancy (the characteristic of which is a paid, bilaterally binding document), specialists are guided by the main provisions of Ch. 35 of the Civil Code of the Russian Federation. It defines article by article the main parties to the agreement - the landlord (provides residential premises for use) and the tenant (uses the premises for living for a fee).
Mandatory clauses of the contract
Each rental contract for a dwelling, the sample of which is available at any notary public, as well as on thematic resources, contains items carefully prescribed by the parties:
- surname, name, patronymic of each of the parties to the contract;
- Subject of the contract (residential premises located at the indicated address, if necessary, the main characteristics: part of the apartment, part of the house);
- listing of persons who have the right to reside in the rented premises;
- determination of the size, timing of payment and the time frame of the contract;
- duties and rights of the parties, a separate clause for the lessor and a separate clause for the lessee;
- terms of termination of the contract - in this paragraph, the parties can indicate the conditions under which the contract is terminated immediately, ahead of schedule (usually happens if one of the parties does not comply with the provisions of the contract);
- details and signatures of the parties - here is indicated the data that each side wants to receive from the other (passport data, numbers and series of other documents, registration, residence, contact phone numbers).
Do I need a preliminary tenancy agreement
The advantage of a written contract of employment is the possibility of a detailed consideration of non-standard situations.
For example, a preliminary contract for the rental of a dwelling may be concluded in case the premises for living are not ready (no repairs have been made, furniture has not been brought in, no communications necessary to ensure normal functioning are connected).
Such a document also spells out the subject of the contract, obligations and rights of the parties and indicates that upon fulfillment of all the stipulated clauses, the main contract will be additionally concluded, automatically canceling the preliminary one.
Why is a sample used in a tenancy agreement?
When drawing up a contract for the rental of a dwelling, the sample may, in some matters, not coincide with any individual requests. In this case, it is necessary to supplement or redo the document. For example, one of the controversial issues may be the number of sets of keys for the tenant and lessor.
In standard samples of contracts, this issue may not be highlighted in a separate paragraph. Although it is not required to be filled out, but this clause fixes in the contract the terms and procedure for visiting landlords by landlords.
In order to avoid conflicts with the loss of things and household appliances that are in the apartment at the time of renting the living space, a detailed inventory is compiled. It is necessary to indicate the insurance amount in case of breakage or loss. It is also possible that instead of insurance, the landlord takes a deposit from the tenant, as a rule, in the amount of the monthly payment, as a guarantor of the safety of property.
In case of fair use of the premises and available equipment after the expiration of the contract, this amount is refunded. If the landlord retains a set of keys, then the tenant has the right to demand the inclusion of an item in the contract on the inadmissibility of visiting the premises in his absence.
Distinctive features of a tenancy agreement between individuals
The Civil Code of the Russian Federation shares the concepts: a contract for the rental of premises between individuals and conclusion of a contract between persons, one of which is legal.
An employment contract can be concluded both in writing (which gives a great guarantee of observance of all rights and obligations of the parties), and oral (this type is especially common when concluding a contract for short periods of time - day, week, month).
The parties can draw up a contract of employment on their own, without involving any real estate agency and notary.Signatures of the agency management and their seal can serve as a guarantor only if the agency management assumes responsibility for the actions of either the landlord or the tenant, which must also be indicated in one of the sections of the agreement.
As a rule, it is necessary to print a tenancy agreement in two copies (for each party). Handwriting of documents is also not prohibited by law.
Deadlines for entering into a standard residential tenancy agreement
Current legislation provides for the conclusion of a standard contract for the rental of premises for a period of up to 1 year (short-term contract) and from 1 to 5 years, this is the maximum term for a long-term lease. Each of them has its own characteristics.
If the contract does not indicate the time frame for its conclusion, it is considered valid for 5 years. It is possible to terminate it at the initiative of the landlord only if payment has not been made for more than 6 months.
In a short-term contract, this opportunity appears after a delay of payment for 2 months.
According to the Civil Code of the Russian Federation, in case of a long-term contract, the tenant, after 5 years, has the right to demand to conclude an agreement with him on further residence on this living space.
If the landlord refuses and enters into an agreement with another tenant, he can apply to the court for invalidating this agreement and for compensation for material and moral damage. And the court can satisfy him.
The procedure for concluding a tenancy agreement
- Before signing the contract, the tenant must be familiar with all the title documents for the living space.
- The landlord checks the conformity of the specified passport data (including registration, registration).
- Upon delivery of housing with household appliances, it is necessary to sign an act on the verification of its work.
- Record in a special clause of the contract the indicators of all meters (electricity, water, gas).
- Having decided on all controversial points, the parties should carefully re-read the drawn up agreement.
- Signatures of the parties are placed on each page of the contract and on the last page in the "Details of the parties" section.
Current legislation does not require the mandatory registration of a tenancy agreement with any government agency or its certification by a notary. But this can be done as part of the additional security of the transaction, although this does not play a decisive role in going to court. It should also be noted that the legislation protects the rights of the employer to a greater extent.
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