Standard rental agreement. Rules for drawing up an apartment rental agreement: sample and what are the features for different types of document. Data that must be present in the lease agreement

If the owner of his property wants to rent it out, then naturally he can count on serious benefits from this transaction. For example, now you can get big money for it.

But as for drawing up an agreement, many aspects will need to be observed; only then will it be possible to do everything competently and correctly. Each point carries a specific meaning, so you need to familiarize yourself with this issue in detail.

Please note right away that it is customary to draw up an agreement exclusively in writing and in at least two copies. Therefore, you need to know about such details in advance so as not to encounter unnecessary problems.

The contract must include the following important information, How:

Name of the parties. Naturally, here you will need to indicate all the necessary contact details of the parties to the transaction;
In addition, you must indicate the address where the housing itself is located, and other important parameters that can determine the subject of the contract;
The cost of renting residential premises. As for the price, it is carefully negotiated by the parties;
It is important to specify the lease term, because this is an equally important factor that must be present in the contract;
Responsibility of the parties;
Other points. This usually includes information that relates to the condition of the home as a whole. You can always describe furniture and household appliances so that this issue does not raise unnecessary questions in the future;
Other conditions. Here it is customary to indicate the various conditions that the property owner may have. For example, this concerns the mode of use of certain objects, for example, it is forbidden to listen to loud music, etc. Naturally, it is important to indicate such details in the contract.

These are the very points that should always be included in such documents. Remember that their absence is fraught with various problems for the parties to the transaction. Therefore, without having any knowledge or experience in this area, it is advisable to consult on this issue with experienced specialists, or take an experienced and knowledgeable person with you to the transaction.

Responsibility of the parties under the apartment rental agreement

As for the law, there is responsibility for all participants in the transaction. But at the same time, you need to know that if the landlord becomes responsible solely for the transfer of the premises free from the rights of third parties, then it is important to understand that the responsibility of the tenant is really much more varied.

The employer will respond:

First of all, this is, of course, the safety of housing; it must be used strictly for its intended purpose and not otherwise. If, however, this clause is not observed, then the owner of the property will have to be compensated for the damage, and naturally the contract will be terminated;
In addition, the employer is responsible for timely payment;
He is also responsible for the actions of those persons who will live in this apartment with the tenant, but of course, this also applies to temporary residents. Moreover, keep in mind that the owner of the apartment will not be interested in who exactly committed this or that violation of the contract, since the tenant will have to answer.

Execution of an apartment rental agreement and subsequent registration

You can always download a ready-made contract form, drawing it up according to the sample, and doing it the first time. Since the form of the agreement is written, please note that there is no need to disturb the notary. Of course, if the parties so desire, the legislation does not provide for any restrictions.

It is customary to create a document strictly in two copies and this is the most important condition. Each party must keep its original. It is necessary to clearly understand that the conclusion of such an agreement is a guarantee of security for the parties to the transaction.

Therefore, every little detail in the form must be taken into account, only in this case will it be possible to avoid unforeseen, unpleasant situations.

Of course, in practice many details are often not followed, which leads to many serious problems. What this all boils down to is that you will need to carefully study all the nuances that were mentioned and try to draw up the contract in the correct way.

Do not forget, if necessary, it is better to consult with lawyers, this way you can avoid the “pitfalls” of the contract, which parties to the transaction are increasingly encountering in practice. After all, this is a serious financial transaction, so you need to approach it accordingly.

An apartment rental agreement (lease of residential premises) is an agreement in which one party - the owner of the residential premises (landlord) undertakes to provide the other party (tenant) with residential premises for a fee for possession and use for living in it.

IN spoken language- these are identical concepts. But the contract is concluded in accordance with the law:

A residential rental agreement is concluded between two individuals.
If one of the parties is a legal entity, then a lease agreement is concluded.

When renting an apartment of one individual from another individual, it is necessary to conclude a rental agreement for residential premises, because This form of agreement will protect both the person renting the apartment and the person renting the apartment from mutual claims.

Reminder when drawing up a residential lease agreement

A residential rental agreement should only be concluded with the owner of the apartment. Be sure to check the owner’s documents confirming that the apartment really belongs to him.

There are two types of apartment rental agreements:

short (for a period of up to 1 year, most often concluded for 11 months);
long-term (over 1 year).

Agreements concluded for a period of up to 1 year do not need to be registered, but long-term ones (more than 1 year), on the contrary, are subject to mandatory state registration.

The lease agreement is drawn up and filled out in two copies:

one copy remains with the apartment tenant;
the other is from the owner who rents out this apartment.

If a third party is involved in the transaction - a realtor or a notary, then three versions of the agreement are drawn up.

Apartment rental agreement between individuals: sample and form

Apartment rental agreement. Download the 2018-2019 sample for free. Option of imprisonment for up to 1 year. Apartment rental agreement. Download the 2018-2019 sample for free. Option of imprisonment for a period of more than 1 year.

You can download the form provided - a sample residential rental agreement for 2018-2019, fill it out in Word, or by hand and sign it by both parties.

It is best to attach a deed of transfer to the agreement (it is contained in the document with the lease agreement) and it is advisable to attach copies of documents for the apartment and copies of passports.

Attention!

When concluding, you must carefully check all the personal data and details of the parties.

It is better to indicate the full amount of the rent in the agreement, because... if tenants refuse to pay rent, the court will only collect those cash which are specified in the contract.

Extension

If the contract is concluded for 11 months, then it can not be extended, but after the expiration of this period, a new one can be concluded if everything suits both parties.

If the contract is concluded for a longer period, an additional extension agreement can be concluded. For example:

“Citizen (as) (full name) hereinafter referred to as “Lender”, on the one hand, and citizen (s) (full name) hereinafter referred to as “Tenant”, on the other hand, have concluded this addendum to the residential rental agreement (No. and date of the agreement) as follows: 1. The Lessor and the Tenant have agreed to extend the term of the agreement for the period from (date) to (date).”

After the additional agreement, the full details of the parties must be indicated, the same as those originally indicated.

You can add an automatic renewal clause to the agreement. The automatic renewal clause can be included initially, or it can be added to an additional agreement.

The text of the additional clause on automatic renewal of the agreement looks like this:

“If one month before the end of this agreement, neither party has declared its intention to terminate it, the agreement is automatically extended for a period of one calendar year.”

In the apartment rental agreement for short term An automatic renewal clause should not be included.

State registration of a residential lease agreement

Registration of a residential lease agreement can be done with local authorities and the tax office. You must contact these authorities at your place of residence.

To register, you must bring the following documents with you:

passport;
original documents for the apartment confirming ownership;
agreement with all applications;
copies of all these documents.

rental housing2018 sample - a document necessary for everyone who is going to rent or rent out an apartment. We will tell you in our article how to draw up a lease agreement between individuals, what nuances should be taken into account and how to do without the services of a lawyer. Here we provide a detailed algorithm for drawing up a contract and its sample, which can be downloaded in one click.

Is it necessary to draw up a rental agreement?

Strictly speaking, if we are talking about renting or renting an apartment between individuals, then it is more appropriate to talk about a rental agreement for residential premises. However, from a legal point of view, the name of the agreement does not matter much, the main thing is — its content. Therefore, for convenience, in the future we will refer to the rental agreement as a rental agreement.

So, everyone must enter into a lease (or rental) agreement, regardless of the relationship of the parties. Even if, out of your kindness, you allowed a relative or friend to stay in your apartment for free, it is better to formalize the relationship in writing - in such a situation, a free rental agreement is concluded (see: What is and how to draw up a free rental agreement?). At the very least, this way you can avoid possible disputes over who pays utilities and whether the tenant spends too much time in the shower or in front of the TV.

And the question of the contract is much more relevant if the tenant is obliged to pay for the rented housing. Questions related to the procedure for using the premises and the amount or timing of rent payments may well end in court - Art. 162 of the Civil Code of the Russian Federation directly states that in the absence of a written agreement, witness testimony cannot be used in court. In addition, according to the same Civil Code, the written form is not only expressly provided for rental agreements (Article 674 of the Civil Code), but must also be used in all cases where one or both of the following conditions occur:

at least one party to the transaction is a legal entity;
a transaction worth more than 10,000 rubles is concluded between individuals, that is, citizens.

In the case of housing, the last condition is especially relevant - the monthly cost of renting an apartment in Moscow, St. Petersburg or another big city Now it costs significantly more.

Is it possible to draw up a rental agreement on your own without a lawyer?

The lease agreement itself (more precisely, a commercial lease, if we are talking about a transaction between two citizens) is not one of the overly complex documents. Any competent person, having spent some time studying the legislation and comparing different forms of residential rental agreements, in the many available on legal websites or legal forums, will be able to draw up such an agreement independently.

However, there are times when it is better to turn to a professional. Typically this need arises if:

there are doubts that the landlord has the right to rent out the apartment;
the contract is concluded through an intermediary whose integrity you are not sure of;
The rent for housing is too different from what is being asked for similar apartments in the same area of the city.

In this case, it would be better for you to first consult with a lawyer, or even order the drawing up of a lease agreement containing the conditions that can protect your rights.

What should a standard rental agreement contain? Download the 2018 sample for free

Civil law provides for the concept of essential terms of a contract. If they are not reflected in the text, then the contract is considered not only invalid, but simply not concluded. In relation to rental housing, the following conditions will be essential:

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the identity of the lessor and the lessee;
the subject of the contract (features of the residential premises that make it possible to unambiguously determine what exactly is being rented);
the amount of the rent (in principle, you don’t have to specify it, but then you will not receive a lease/lease agreement, but an agreement on the free use of residential premises).

Thus, the agreement must contain the following sections:

Preamble. The name of the agreement (“Residential rental agreement” or, more correctly from a legal point of view, “Residential rental agreement”), the place and date of its conclusion, the names or titles (for legal entities) of the parties, as well as their abbreviations are indicated here , which will be used further in the text of the agreement.
Subject of the agreement. The housing that is being rented under the contract should be described in detail here. The more complete the information, the better - therefore, the contract should indicate not only the address, but also the area of the premises, its cadastral number, as well as the basis giving the landlord the right to rent out this premises (ownership, lease agreement with the right to sublease the apartment, etc. .d.).
Rent amount.
Rights and obligations of the parties.
Responsibility of the parties.
The period for which the contract is concluded. In the absence of this clause, the contract will be considered concluded for a period of 5 years. The same time period is determined by Art. 683 of the Civil Code of the Russian Federation as the maximum term of a housing rental agreement.
Details and signatures. Here you need to describe the parties in as much detail as possible. For citizens, you will need to indicate passport details and place of permanent registration, for legal entities - legal form, TIN, OGRN, BIC and other bank details.

Of course, this structure is only indicative. At their discretion, the parties may include additional conditions there. In particular, an organization renting housing for its employee may require that the contract include a clause on non-disclosure of the contents of the document to third parties.

Let us now examine some of the elements of the structure in more detail.

Persons entering into an agreement

The law distinguishes between 2 types of contracts for temporary commercial use of housing:

a residential lease agreement under which the tenant may be a legal entity;
rental agreement concluded only with citizen tenants (individuals).

In most cases, the difference between them is small, which is why both are often called a lease agreement. But there are still some differences. In particular, under a rental agreement concluded for a period of more than 1 year, temporary residents are not allowed to move in free of charge and the amount of rent is not an essential condition (since a citizen can allow other persons to use his apartment for free).

In addition, the rental agreement must indicate not only the tenant, but also the persons permanently residing with him (this is not required for rent). If such persons were not indicated immediately, then they can be moved in later with the consent of the owner of the property, if the area allocated to each person complies with the norms of housing legislation. The only exception is minors: permission to move in is not required and compliance with the norm is not necessary.

Validity periods of a residential rental agreement and related features of conclusion

From a practical point of view, contracts relating to the rental of premises can be divided into 2 groups:

contracts lasting more than a year;
contracts lasting less than a year (short-term).

This division is due to the following circumstances:

If the contract does not specify a specific period, then the contract, according to Art. 683 of the Civil Code of the Russian Federation, is considered concluded for 5 years. In order to terminate such an agreement, the tenant (tenant) must notify the owner of the apartment in writing at least 3 months before the date of the proposed eviction.
Encumbrances arising as a result of concluding contracts with a period of one year or more are subject to mandatory registration in the bodies of Rosreestr.

In addition, in the case of short-term contracts, the rules regarding the repair of the premises do not apply, since when renting for less than a year, the need for repairs may not arise.

The rule applies regarding terms: if the tenant paid the rent accurately and did not violate his other obligations under the contract, he has the right, after the expiration of the contract, to enter into a new one for the same period. The owner of the apartment has the right to refuse to conclude a new contract, but in this case he is obliged to refrain from renting out housing for a year. If, within a year, he rented out the premises again, then the previous tenant has the right to demand through the court the termination of the new contract and compensation for losses that he incurred due to the fact that he did not receive housing for a new term. However, in the case of short-term contracts, this rule does not apply: they may not be renewed.

Housing fee

The amount of payment under the rental agreement is determined by the parties themselves. However, Art. 682 of the Civil Code of the Russian Federation provides that the law may establish a maximum payment amount. True, such rules have not yet been introduced in relation to commercial hiring, but the possibility of introduction in the future should be kept in mind.

The terms for paying rent are also regulated by the contract. If the parties did not indicate anything in this regard in the agreement, then the rule already provided for by the Housing Code in relation to social rent applies. In accordance with it, the monthly fee is paid no later than the 10th day of the month following the one for which payment is due.

In addition to the rent, the parties can also agree on payments for utilities. If this is not specifically stipulated in the contract, then electricity, water, heating, etc. are paid by the employer.

Rights and obligations of the parties under a rental agreement

The obligations arising from the parties to the agreement from the moment of its signing are:

For the landlord: provide premises suitable for habitation. If defects are discovered about which the new tenant was not warned in advance, he has the right to demand that the owner of the apartment correct these defects, reduce the rent or reimburse the expenses that were required to eliminate these defects. Reimbursement is possible either by direct refund of the appropriate amount of money or by deducting these expenses from the rent.
For the tenant (tenant): pay for the apartment on time, use the housing only for living and ensure its safety.

In turn, in addition to obligations, the parties also have certain rights. Some rights of the tenant (tenant) have already been mentioned above. In addition, the employer has the right:

In case of a long-term contract (lasting more than a year), with the consent of the owner, rent out the premises or part of it under a sublease agreement.
Allow temporary residents for a period of no more than 6 months. If no payment is taken for their accommodation (that is, a sublease agreement is not concluded), then the owner’s consent is not required - just his notification is enough. However, the owner has the right to prohibit the residence of temporary residents if, as a result of their move-in, each person in the apartment will have less living space than provided for by the norms of this city.

The issue of using the premises for professional or entrepreneurial activities is controversial. On the one hand, part 2 of Art. 17 of the Housing Code of the Russian Federation allows such activities if they do not interfere with neighbors and other residents of the apartment; on the other hand - Art. 678 of the Civil Code of the Russian Federation directly provides for the obligation of the tenant to use the premises only for living. It seems that in this case the entrepreneurial and professional activities of the tenant will be permitted - but only if this is directly reflected in the contract, since Art. 421 of the Civil Code of the Russian Federation provides the parties with the opportunity to conclude even an agreement not provided for by law. In this case, however, we will be talking about a mixed agreement.

Responsibility under the rental agreement

The law provides for liability for both parties to the contract. But if the lessor (landlord) is responsible only for the transfer of premises of proper quality and free from the rights of third parties, then the responsibility of the tenant is much more varied.

According to the law, the employer (tenant) is responsible:

For the safety of housing and its intended use. Responsibility for violation here is compensation for damage caused to the owner and the possibility of early termination of the contract through the court at the initiative of the owner of the premises.
For timely payment. The responsibility here will be to pay interest at the rate of the Central Bank of the Russian Federation for the entire period of delay, as well as the possibility of judicial termination of the contract if the payment is not paid for 6 or more months (for a short-term contract - 2 times in a row).
For the actions of persons living in the apartment with the tenant, as well as temporary residents. The owner of the apartment is not interested in who committed the violation - the tenant will still be responsible.