A tenancy agreement is concluded when a person is looking for an apartment, finds it and, as a result, concludes a contract, and also when the housing in which he lives belongs to the category of social. This is a mutual, paid and consensual agreement. The term “consensual” refers to the voluntary agreement of the parties.
The type of contract depends on who owns the housing. If the housing is municipal, then the contract will be on social hiring. And if the apartment belongs to a private person, then commercial. Regardless of what type of agreement the contract is concluded, it cannot contradict the norms of the law. The social contract of employment is concluded with administrative institutions and is regulated by a standard set of legal acts relating to the norms of civil and administrative legislation.
A contract of a commercial type also does not contradict the law, but it may stipulate other terms, procedures and amounts of payment. Issues related to the repair and maintenance of the premises can be individual, not regulated by any norms, but are written down in the contract as agreed upon by both parties to the transaction.
A tenancy agreement may apply to any premises where normal conditions are created and a person can live. Sometimes people live in an apartment rented without a contract, considering it unnecessary. In our opinion, you need to insist on a contract, because sometimes this is the only guarantee that you will not be thrown out into the street when the owners have a headache or a dispute over rents or other issues of principle. In addition, such an agreement will save you from the machinations of scammers who take money and disappear forever.
There is a difference in concluding an agreement between an individual and a legal entity. Legal entities enter into a lease, and a commercial contract for the rental of housing is a contract of individuals. It should be noted that it is limited to a maximum period of five years, even if not agreed upon by the contracting parties. In case of disputes, the court will be guided by this very term.
The law provides that three months before the end of this period, a party who wants to change the terms of the contract must notify the other party of the change of conditions. If this does not happen, then the contract remains valid and is automatically extended for a second term, that is, for another 5 years.
If a long-term rental agreement is concluded, then the transaction can be registered at the housing registration center. Thus, you can protect yourself from eviction, if the homeowner changes, then the heirs will not be able to do anything before the deadline and break the contract.
Housing purchased on mortgage terms, as a rule, banks stipulate on the condition that it cannot be rented out. This is due to the fact that there are no additional difficulties and ensure the safety of housing.
About privatization
Privatization of apartments under a social tenancy agreement is possible for housing, which was received before 01.03.2005. Privatization, along with homeowners, can be carried out by self-government bodies that manage privatization objects, municipal enterprises with a fund assigned to them with the right of economic ownership, as well as state-owned enterprises with the operational management of apartments or dormitories and rooms.
Minors must be included in privatization. Privatization, based on the voluntary desire of homeowners, from the moment of filing the application takes place within two months, and the ownership right arises after registration in the state register.