An apartment rental agreement is one of the most common transactions. The need for housing does not decrease, and not everyone can afford to buy it, and thanks to this, hiring continues to be in demand. What should be taken into account by the parties at its conclusion in order to protect their rights and interests?
Normative regulation
The current legislation makes repeated mention of rental housing. Let's start with the Civil Code. In Art. 671 indicates differences in employment and rental. Hiring is the transfer of housing to citizens for use, and rental housing is the transfer of objects to legal entities, which they are entitled to use exclusively for living.
Do not confuse the rental of premises and rental housing, each area of public relations is devoted to a separate chapter of the code. At the same time, a sample apartment rental agreement may be called a lease, which is not entirely correct.
Laws establish the difference in regulation between private or commercial and social employment.
ZhK to a greater extent regulates the procedure for issuing housing from the state and a number of technical issues. A significant role is played by by-laws adopted by regional authorities, in cities of federal significance this task is performed by municipalities.
Essential terms of the contract
These are the points referred to without which agreement is not considered reached, and even a formally signed document does not create any rights and obligations for participants.
The law distinguishes two similar conditions:
- subject of agreement;
- price agreed by the participants.
The participants in the transaction have the right to determine additional terms of the agreement as essential conditions.
Hiring an apartment under a social contract is characterized by standard and open requirements. Unlike other owners, neither the state nor the municipality has the right to go beyond the requirements.
Who is the party to the transaction
Parties to transactions are individuals whose purpose is to satisfy the need for housing. Landlord is the owner of an apartment or house. It can also be provided by a third party. Homeowners sometimes resort to the services of realtors looking for tenants for a percentage of the transaction. But they are not its participants. An apartment rental agreement is concluded between the owner and the tenant. Items relating to relations with a real estate agent may be set forth in the same document or recorded separately.
The owner is either citizens or organizations.
What is the object of the contract
The subject of the agreement is an apartment, its separate part or room in a communal apartment. The law emphasizes that premises that are not isolated cannot be rented for hire. And the living conditions in it must comply with hygiene and sanitary standards. In fact, the same requirements are set for the object of social hiring, despite the difference in the wording of the texts of normative acts.
In what form
A rental contract for a residential apartment may be concluded in notarial or in simple written form.
Notary services are resorted to if long-term settlement is planned. It is believed that a notarized document is more reliable. The degree of security of the participants in the transaction does not determine whether it was concluded with the help of a notary, but how the rights and obligations and other clauses of the agreement are formulated.
The difference between a notarial agreement and a transaction concluded in a simple form, in the absence of the need to verify the agreement at the state registration stage.
To register it or not, is determined by its validity period or by the actual wording of the terms of the contract. With contracts lasting less than a year, the Rosreestr is optional.
Preparation for registration of occurrence of law
If, for some reason, the parties decide to register the occurrence of a lease, they should take the following steps:
- to develop an agreement that will comply with the requirements of the law on registration of real estate rights (for example, it is necessary to indicate the cadastral number and the document that served as the basis for the registration of ownership of the object);
- bring the agreement in full compliance with the provisions of other legislative acts so that there is no reason to refuse registration;
- the representative of the owner must provide a power of attorney or an agreement with the owner, giving the right to conduct transactions with the property;
- copies of passports of participants;
- act of acceptance of the apartment;
- receipt confirming payment of the state fee for registration actions.
The acceptance certificate is not drawn up, making a mark in the contract that the fact of its signing confirms the transfer of the apartment.
Registrars are not entitled to demand documents and information available to the authorities.
When choosing the form of an apartment rental agreement, special attention should be paid, otherwise the rental will not be registered.
It should be noted that the inconsistency of the contract in some separate paragraphs with the legislation on registration does not mean its invalidity. Not the fact that this will give reasons to consider him unconcluded.
Fundamental rights of the employer
The law identifies the following list, it can be expanded. The tenant has the following duties:
- use the room exclusively for living;
- ensure its safety;
- conversion or reconstruction is prohibited without agreement with the owner;
- pay for your stay without delay;
- pay for housing and utilities, unless otherwise specified in the agreement;
- make current repairs of the premises, unless otherwise specified in the agreement.
The basic right is the instilling of people permanently residing with the employer as a member of his family, which does not always imply a formal family relationship or marriage.
Children are allowed to instill without the additional permission of the owner.
The lessee has the right to demand that the owner fulfills the terms of the contract in case of violation.
An apartment rental agreement between individuals may be full of different provisions depending on the will of the parties.
Temporary residents
Their status is characterized by a limitation of the maximum stay - 6 months. The consent of family members is required to enter. The owner has the right to refuse to enter if the norm on the minimum total area for living per person is violated.
Responsibility for the actions of temporary residents lies entirely with the employer.
Rights and obligations of the landlord
Under a tenancy agreement, the owner or his representative have the following responsibilities:
- provide the premises specified in the agreement;
- the premises provided must be free from third parties, their belongings, and also suitable for use;
- provide the opportunity to receive housing and communal services;
- make overhaul, as well as current, if it is prescribed in the contract.
The basic right is to receive rental fees.
Duration of agreement
There are several rules in this regard:
- if there are no reservations about the duration of the contract, it is considered concluded for 5 years, but then the occurrence of the rights of the landlord must be registered;
- the agreement may be limited to specific dates;
- the parties are entitled to establish a validity period of less than 12 months.
In the latter case, the rules on the introduction of temporary residents are canceled, the right to preemptively conclude an agreement and some other conditions on a long-term lease do not apply.
Sometimes an extension of the contract is possible if no objection is made by one of the parties before the agreed date. For a condition to work, it must be prescribed in the contract.
Housing by state or municipality
The conclusion of an apartment rental contract in this situation is the transfer of housing for unlimited use. The size of the fee is symbolic, in addition, the tenant will be required to pay utility bills. The budget pays for the content of the share in the total property.
The terms of the transaction are standard. A standard form is signed, approved at the regional or municipal level, depending on whose jurisdiction the object is.
The issuance of housing is supposed to citizens who meet certain criteria (the poor, needing additional space, large families, disabled people, etc.).
The list of cases giving the right to social housing, documents that must be submitted with an application by applicants, is given in local regulations. Usually their provisions are combined into special regulations.
It describes the procedure for officials to work with applications, the grounds for refusal or suspension of work on them.
The body responsible for accepting documents from citizens and making decisions on them, in case of consent, issues an order, issues an order based on it, on the basis of which they then enter into a social hiring agreement.
The speed of purchasing a home depends on the progress of the lineup.
The family members of the employer have the same rights and obligations as he. In addition, the right is given to request the replacement of the main employer by another family member.
Instead of living quarters, the authorities are entitled to offer a certificate. It is repaid by payment of a transaction to purchase a dwelling or apartment. The amount is determined by the market value of the objects in the region.
How to formulate the provisions of the contract
The terms of the contract with the authorities are not subject to change, but commercial hiring provides scope for choosing options, ranging from repair duties and ending with the price.
Many examples of agreements are proposed. It is best to take one of the samples of an apartment rental agreement between individuals and process it for your own needs.
The volume of a document can be from one page to dozens of sheets.
It is best to pay attention to those issues that most concern both the owner and the future tenant. They have the right to settle them by applying the provisions of the Civil Code and the LCD or formulating their own, subject to their compliance with the law.
The paragraphs should be clear, comprehensive, not ambiguous.
Exemplary structure
What does an apartment rental agreement look like? Must be:
- introduction;
- subject of the contract;
- rights and obligations of the parties;
- price conditions, rules for changing it;
- terms of repair, payment of utilities;
- conditions for the introduction of third parties;
- termination or renewal terms;
- details of the parties.
The parties are entitled to choose a different system of presentation of the terms of the transaction.