Model apartment lease agreement sample. Apartment lease agreement: download. Rent calculation

Under the contract for the lease of residential premises, only a citizen can be a tenant.

Residential premises can be provided to a legal entity for possession and (or) use on the basis of a lease or other agreement.

The tenant of a dwelling in an apartment building, along with the use of a dwelling, has the right to use the property specified in Art. 290 of the Civil Code of the Russian Federation.

Citizens permanently residing with the tenant may, by notifying the landlord, conclude an agreement with the tenant that all citizens permanently residing in the dwelling are jointly and severally liable to the landlord together with the tenant. In this case, such citizens are co-tenants.

The lease agreement for residential premises is concluded in writing.

CONTRACT

apartment rent

______________ "__" __________ 20___

____________________________________________________________________,

(Full name or name of the owner of the dwelling)

hereinafter referred to as the "Lessor", on the one hand, and _________________________________________________,

(Full name of the citizen-employer)

hereinafter referred to as the "Lessee", on the other hand, have entered into this agreement as follows.

1. Subject of the agreement and other general provisions.

1.1. The apartment belongs to (full name, LLC) __________________________________________________________________________

___________________________________________________________________________

on the basis of (document of law) ____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

1.2. The Lessor transfers to the Lessee and persons permanently residing with him:

1.______________________________________________________________________________

2.______________________________________________________________________________

3.______________________________________________________________________________

4.______________________________________________________________________________

Free isolated apartment suitable for permanent residence in it for a fee located at:

_______________________________________________________________________________,

Consisting of ______ rooms, with a total area of ​​_______ square meters, living area - ________ square meters, kitchen - ________ square meters (hereinafter referred to as residential premises) for temporary paid possession and use for living.

Phone availability: tel. No. _____________________________________________.

1.3. Citizens permanently residing with the Tenant have equal rights to use the premises. The relationship between the Lessee and such citizens is determined by law.

Responsibility to the Lessor for the actions of citizens permanently residing with the Lessee, in the event of their violation of the terms of this lease agreement, bears the Lessee.

1.4. Other citizens can be moved into the premises with the consent of the Landlord, the Tenant and citizens permanently residing with the Tenant, as permanently living with the Tenant. Minor children are moved in without the consent of the Landlord.

1.5. The tenant and the citizens permanently living with him are not entitled to allow temporary residents (users) to live in the premises.

1.6. Disadvantages of the living quarters at the time of transfer are indicated in Appendix No. 1 to the contract - the Deed of Transfer, which is an integral part of this contract.

1.7. The landlord transfers the dwelling with the property in accordance with Appendix No. 1.

1.8. The rental period for residential premises is set from "____" ___________ 20__. by "____" _____________ 20___ (up to 5 years).

1.9. The payment for the premises is _____________________________ (amount) and is paid in the following terms: ______________________________________.

1.10. Unilateral change in the amount of the payment for the living quarters is not allowed.

2. Obligations of the parties under this agreement

2.1. The landlord undertakes:

2.1.1. Transfer to the Tenant a comfortable living space suitable for living, meeting the sanitary and technical requirements usually imposed on living quarters.

2.1.2. Return to the Tenant the deposit for long-distance telephone calls and the safety of the property leased when the Tenant leaves the dwelling upon presentation of paid bills and the safety of the transferred property.

2.1.3. Warn the Tenant about the impending alienation of the dwelling (exchange, sale, donation, etc.) three months before the alienation.

2.1.4. Be liable for the shortcomings of the rented dwelling and the property located in it, which impede the use of it, even if at the time of the conclusion of the contract he did not know about these shortcomings.

2.1.5. Eliminate the consequences of accidents and damages that occurred through no fault of the Lessee, on their own.

2.1.6. Provide the Tenant with the opportunity to live in the residential premises for ________________ calendar days from the date the Tenant receives a notice of early termination of this agreement. The notice must be made in writing.

2.2. The Lessor has the right to check the procedure for the use by the Lessee of the condition of the dwelling and property once a month at a time previously agreed with the Lessee.

2.3. The Lessor has the right to offer the Lessee to conclude an agreement on the same or different conditions, or to warn the Lessee about the refusal to extend this agreement in connection with the decision not to rent out the premises for at least a year (if the Lessor has not fulfilled this obligation, and the Lessee has not refused to extend the agreement , the contract is considered extended on the same conditions and for the same period).

2.4. The landlord confirms that at the time of signing this agreement:

- the dwelling is not pledged, arrested, not encumbered by anyone's rights or obligations of the Landlord; - the consent of all persons permanently registered in the dwelling has been obtained.

2.5. The tenant undertakes:

2.5.1. Use the living quarters only for their own residence and the residence of the persons specified in the contract.

2.5.2. Pay the payment for the use of the living quarters in a timely manner.

2.5.3. Keep the premises clean and in good working order, ensure the safety of the living quarters and maintain it in proper condition.

2.5.4. Take good care of the property in the living quarters.

2.5.5. Eliminate the consequences of accidents that occurred in the residential premises through the fault of the Tenant.

2.5.6. Observe the rules of living in the house in which the dwelling is located.

2.5.7. Unimpeded admit the Lessor into the dwelling in order to check its use in accordance with clause 2.2. actual agreement.

2.5.8. Return the dwelling and property to the Lessor in the same condition in which they were leased, taking into account natural wear and tear.

2.5.9. Before leaving, if the bills for telephone calls have not yet been received, inquire at the PBX about their amount and leave the required amount to the Lessor to pay them.

2.5.10. In case of detection of theft, damage caused by fire, illegal actions of third parties, immediately notify the Lessor about this, and in his absence, notify the relevant competent authorities.

2.6. The Lessee is not entitled, without prior written consent from the Lessor:

2.6.1. Install equipment in a residential area (reinforcement of doors, installation of alarms and security systems, etc.).

2.6.2. Transfer residential premises to third parties, as well as sublet residential premises.

2.6.3. Carry out reorganization and reconstruction of living quarters.

2.6.4. The tenant has the right to freely use the rented residential premises during the entire period of the lease, together with those specified in clause 1.2. of this agreement by persons.

3. Termination of this agreement

3.1. The tenant has the right, with the consent of other citizens permanently residing with him, at any time to terminate this agreement with a written warning of the Landlord three months in advance.

3.2. This agreement may be terminated in court at the request of the Lessor in the following cases:

- failure of the Lessee to pay the fee more than two times after the expiry of the payment term established by this agreement; destruction or damage to the premises by the Tenant or other citizens for whose actions he is responsible.

3.3. This agreement can be terminated in court at the request of either of the parties to the agreement: if the premises ceases to be suitable for permanent residence, as well as in the event of its emergency condition; in other cases stipulated by housing legislation.

3.4. If, after warning the Tenant about the need to eliminate the violation, the Tenant or other citizens for whose actions he is responsible continue to use the premises for other purposes or violate the rights and interests of their neighbors, the Landlord has the right to terminate the lease contract in court.

3.5. In case of termination of the lease agreement in court, the Tenant and other citizens living in the premises at the time of termination of the agreement are subject to eviction from the premises.

4. Final provisions

4.1. At the request of the Lessee and other citizens permanently residing with him, and with the consent of the Lessor, the Lessee in this agreement may be replaced by one of the adult citizens permanently residing with the Lessee.

4.2. In the event of the Tenant's death or his withdrawal from the premises, the contract continues to operate on the same conditions, and one of the citizens permanently residing with the former Tenant becomes the Tenant, by common agreement between them. If such an agreement is not reached, all citizens permanently residing in the premises become co-tenants.

4.3. Upon the expiration of the term of this agreement, the Lessee has the preemptive right to conclude a lease agreement for a new term. ...

We, (full name), on the one hand,

and (full name), on the other hand,

have entered into this agreement as follows.

____________________ "____" __________ 201__

Gr. (FULL NAME.) ___________________,

hereinafter referred to as the "Landlord", on the one hand and

gr. (FULL NAME.) __________________________________________________________________,

hereinafter referred to as the "Tenant", on the other hand, have entered into this lease as follows:

1. SUBJECT OF THE LEASE AGREEMENT

1.1. The Landlord transfers to the Tenant and persons permanently residing with him:

1)___________________________________________________________

2)___________________________________________________________

3)___________________________________________________________

4)___________________________________________________________

living quarters located at:

_____________________________________________________________________________,

consisting of ______ rooms, total area - _______ sq.m, living area - ________ sq.m, kitchen - ________ sq.m

1.2. Phone availability: tel. No. _____________________________.

1.3. Disadvantages of the dwelling at the time of transfer are indicated in Appendix No. 1 to the lease agreement - the Deed of Transfer, which is an integral part of this lease agreement.

1.4. The living space belongs to (full name) ________________________________________________________

on the basis of (document of law) __________________________________________________________________

1.5. The lessor transfers the dwelling with the property in accordance with Appendix No. 1.

1.6. The term for commercial lease of residential premises is set from "____" _______________ 201__. on

"____" _____________ 201___

2. OBLIGATIONS AND RIGHTS OF THE LENDER

2.1. The Landlord undertakes:

2.1.1. Transfer to the Tenant a comfortable living space suitable for living, meeting

sanitary and technical requirements usually imposed on living quarters.

2.1.2. Return the deposit to the Tenant for long-distance telephone calls and the safety of property,

leased out when the Tenant leaves the dwelling upon presentation of paid invoices and the safety of the transferred property in accordance with clause 7.1. lease agreement.

2.1.3. Warn the Tenant about the impending alienation of the dwelling (exchange, sale, donation, etc.) for

three months before alienation.

2.1.4. Be liable for the shortcomings of the rented dwelling and the property located in it,

preventing the use of it, even if at the time of the conclusion of the lease agreement did not know about these shortcomings.

2.1.5. Eliminate the consequences of accidents and damages that occurred through no fault of the Employer, on their own.

2.1.6. Provide the Tenant with the opportunity to live in a residential area for __________________

calendar days from the date of receipt by the Tenant of the notice of early termination of this lease agreement. The notice must be made in writing.

2.2. The Landlord has the right to check the procedure for using by the Tenant once a month

the condition of the living quarters and property at the time previously agreed with the Tenant.

2.3. The Landlord confirms that at the time of signing this lease:

• the dwelling is not pledged, arrested, not encumbered by anyone's rights or obligations of the Landlord;
• the consent of all persons permanently registered in the dwelling has been obtained.

3. OBLIGATIONS AND RIGHTS OF THE BORROWER

3.1. The employer is obliged:

3.1.1. Use the living quarters only for their own residence and the residence of the persons specified in clause 1.1. lease agreement.

3.1.2. Pay the payment for the use of the living quarters in a timely manner.

3.1.4. Take good care of the property in the living quarters.

3.1.5. Eliminate the consequences of accidents that occurred in the residential premises through the fault of the Tenant.

3.1.6. Observe the rules of living in the house in which the dwelling is located.

3.1.7. Unimpeded admit the Landlord to the dwelling in order to check its use in accordance with clause 2.2. of this lease.

3.1.8. Return the dwelling and property to the Landlord in the same condition in which they were leased, taking into account natural wear and tear.

3.1.9. Before leaving, if the bills for telephone calls have not yet been received, inquire at the PBX about their amount and leave the Landlord the necessary amount to pay them.

3.1.10. In case of detection of theft, damage as a result of a fire, illegal actions of third parties, immediately notify the Landlord about this, and in his absence, notify the relevant competent authorities.

3.2. The Tenant is not entitled, without prior written consent from the Landlord:

3.2.1. Install equipment in a residential area (reinforcement of doors, installation of alarms and security systems, etc.).

3.2.2. Transfer residential premises to third parties, as well as sublet residential premises.

3.2.3. Carry out reorganization and reconstruction of living quarters.

3.3. The tenant has the right to freely use the rented residential premises during the entire period of the lease, together with those specified in clause 1.1. of this lease agreement by persons.

4. PAYMENTS AND PAYMENT PROCEDURE

4.1. The monthly rent for a dwelling is ____________________ rubles.

4.2. Payment for renting a dwelling is made on _________________________________ _________________ (monthly, quarterly) no later than ______________________ day of the current month _______________ in advance. (month, quarter)

4.3. The established rental fee for residential premises is not subject to change during the entire rental period, unless otherwise provided by an additional agreement of the parties.

4.4. The Landlord pays utility bills, rent and telephone.

4.5. Payment for long-distance telephone calls and electricity used is carried out by the Tenant in accordance with the bills of the relevant organizations.

5. RESPONSIBILITY OF THE PARTIES

5.1. Changes to the terms of this lease agreement and its early termination may take place by agreement of the parties, with the obligatory preparation of a document in writing.

5.2. Termination of the lease agreement unilaterally before the expiration of the period specified in clause 1.6., Can be made by either party if the other party systematically fails to comply with the terms of this lease agreement. Termination unilaterally is carried out by the initiator of early termination of the lease agreement to the violating party of a written notice indicating the reason and date of termination.

5.2.1. In case of termination of the lease agreement on the initiative of the Tenant, subject to the Landlord's compliance with the conditions

of this lease agreement, a refund for the unused lease term can be made by the Landlord only at his voluntary request.

5.2.2. In case of termination of the lease at the initiative of the Landlord, subject to the Tenant's compliance with the terms of this lease, the Landlord returns to the Tenant the amount paid by the Tenant for the unused lease period and pays a penalty in the amount of a monthly rental fee.

5.3. The Tenant bears full financial responsibility for damage caused to the living quarters or property, regardless of whether this damage is the result of deliberate actions or the result of negligence of the Tenant and the persons living with him.

5.4. In case of delay in payment of payments under this lease agreement, the Tenant shall pay the Landlord a penalty in the amount of 1% of the amount owed on the day of payment.

5.5. The parties are exempt from liability for failure to fulfill their obligations under this lease if the reason for this was force majeure events and factors beyond their control and beyond the power of the parties, such as:

• natural disasters, armed conflicts, regulations of state authorities and state administration,
• significantly complicating or making it impossible to fulfill the obligations assumed under the lease agreement.

6. FINAL PROVISIONS

6.1. This lease agreement comes into force from the date of its signing by both parties and is valid until "_____" _________________201__ inclusive.

6.2. If disputes arise, the parties will seek to settle them through negotiations, and if no agreement is reached - in court.

6.3. In cases not provided for by this lease agreement, the parties are guided by the Civil Code of the Russian Federation.

6.4. This lease has been drawn up in duplicate, equally valid, one for each party.

7. SPECIAL CONDITIONS

7.1. At the request of the Landlord, the Tenant undertakes to leave an insurance deposit for long-distance telephone calls in accordance with clause 4.5. of the contract and for the safety of the leased property. The insurance deposit for long-distance telephone calls and the safety of rented property is _______________________________ rubles.

7.2. In order to obtain legal and legal guarantees under this lease agreement, the Tenant personally verifies the authenticity of the title documents presented by the Landlord and verifies their content prior to signing this lease agreement.

7.3. Listed in clause 1.1. of this lease agreement, persons living together with the Tenant bear all obligations under this lease agreement on an equal basis with the Tenant. 7.4. Inseparable improvements made in the dwelling by the Tenant without the consent of the Landlord are transferred to the Landlord without reimbursement of their cost.

7.5. ____________________________________________________________________________________________ ________________________________________________________________________________________________

7.6. ____________________________________________________________________________________________ ________________________________________________________________________________________________

7.7. _____________________________________________________________________________________________ _________________________________________________________________________________________________

8. ADDRESSES OF THE PARTIES

Landlord

FULL NAME. _______________________________________

______________________________________________

Passport data:

Passport (series): __________N____________________

The address:________________________________________

______________________________________________

Employer

FULL NAME.________________________________________

______________________________________________

Passport data:

Passport series): _________N_____________________

issued by (by) ___________________________________

(when) "_______"______________________________

The address: ________________________________________

______________________________________________

Contact phone: __________________________

I have read and fully agree with the terms of the lease agreement.

Signature:______________________________________

To the lease agreement for commercial lease of residential premises

from "_____" ________________ 201__

TRANSFER ACT

__________________ "____" _________________201__ year

1. In accordance with this Transfer Act, the Landlord transfers, and the Tenant accepts the residential premises in the form of _______________________________________________________________

____________________ (specify: a separate apartment, a room in an ___ apartment, several rooms in an ___ apartment) at: ________________________________________________________________________________________.

Subway station: _____________________________ ______________________________________

Room area: _______ sq. M., _______ sq. M., _________ sq. M., _________ sq. M., _________ sq. M., _______ sq. M.

2. Accommodation is provided with a telephone number (without it): ______________________________;

telephone number separate, coupled: _________________________________________.

3. Description of disadvantages: __________________________________________________________________________

_______________________________________________________________ _________________________________

_________________________________________________________________________________________________

4. The living quarters are transferred with the following property (furniture, equipment): __________________________ ______________________________ ________________________________________ _________________________________________________________________________ ________________________

______________________________________ ____________________________________________ ______________

__________________________________________________________________________ _______________________

_________________________________________ ______________________________________ _________________

5. Additional information: ____________________________________ ___________________________________

______________________________________ _____________________________________ ______________________

_______________________________________________________________________ __________________________

______________________________________ ___________________________________________________________

6. The dwelling is suitable for living, is in a satisfactory condition and does not have

deficiencies other than those specified in clause 3. of this Transfer Act.

7. Upon signing this Deed of Transfer, the Landlord handed over and the Tenant accepted the keys to the dwelling;

The Landlord presented the Tenant with payment books for utility bills and a telephone.

8. This Transfer Act is an integral part of the lease agreement for commercial lease of residential premises dated "___" ____________________ 201__.

TRANSFERRED "___" _________________ 201___:

Employer:

ACCEPTED "___" ___________ 201___:

Employer:

______________ /____________________/

________________ /_________________/

1. THE SUBJECT OF THE AGREEMENT

1.1. The Landlord transfers to the Tenant and the persons indicated below: the living quarters, which are: located at the address:, consisting of: rooms, total area - sq.m., living area - sq.m., kitchen - sq.m., (hereinafter - "Object") for temporary paid possession and use for living.

1.2. Phone availability: tel. No.

1.3. The characteristic of the Object at the time of its transfer to the Tenant is indicated in Appendix No. 1 to the Agreement - the Transfer Act, which is an integral part of this Agreement.

1.4. The object belongs to gr. gr. (Full name): on the right on the basis of.

1.5. The Landlord transfers the Object with the property specified in Appendix No. 1 to this Agreement.

1.6. The rental period for the Object is set from "" 2019 to "" 2019.

1.7. The tenant examined the "Object" before the conclusion of this Agreement and has no claims to its location, technical specifications and condition.

2. OBLIGATIONS AND RIGHTS OF THE LENDER

2.1. The Landlord undertakes:

2.1.1. Transfer to the Tenant, under the deed of transfer, an Object suitable for habitation, meeting the necessary sanitary and technical requirements, usually imposed on living quarters.

2.1.2. When the Lessee leaves the Property, return the insurance deposit (clause 6.1 of this Agreement) after the Lessee presents the paid invoices, receipts to the Landlord in accordance with clause 4.5 of the Agreement and confirms the safety of the property transferred for lease, minus the relevant debts of the Lessee in payments and / or reimbursement property damage.

2.1.3. Notify the Employer in writing no later than days before the expiration of this Agreement about your intention to renegotiate the Agreement on new conditions or to refuse to conclude a new agreement, as well as about the impending alienation of the Object (exchange, sale, donation, etc.) for three months before alienation.

2.1.4. Be liable for the defects of the leased Object and the property located in it, which impede the use of it, even if at the time of the conclusion of the Agreement the Landlord was not aware of these shortcomings.

2.1.5. Eliminate the consequences of accidents and damages that have occurred through no fault of the Employer and / or the persons living with him, on his own.

2.1.6. Provide the Tenant with the opportunity to live in the Object within calendar days from the date of receipt by the Tenant from the Landlord of a notice of early termination of this Agreement. The notice must be made in writing.

2.2. The Landlord has the right to check the condition of the Object and the property in it once a month at a time previously agreed with the Tenant.

2.3. The Landlord guarantees that at the time of signing this Agreement: disposes of the Object on a legal basis - the document on the right specified in clause 1.4 of this Agreement. The object is not leased, not alienated, is not under bail, arrest, is not the subject of any dispute; the consent of all owners and / or adult users of the Object to conclude this Agreement has been obtained, in accordance with the legislation.

3. OBLIGATIONS AND RIGHTS OF THE BORROWER

3.1. The employer is obliged:

3.1.1. Use the Object only for personal residence and residence of the persons specified in clause 1.1 of the Agreement.

3.1.2. Timely pay the fee for the use of the Object (rent), in the manner agreed with the Landlord, as well as payments in accordance with clause 4.5 of this Agreement and provide, at the request of the Landlord, paid invoices, receipts for the specified payments.

3.1.4. Take care of the Landlord's property located in the Facility.

3.1.5. Eliminate the consequences of accidents that occurred at the Facility through the fault of the Tenant and / or persons living with him.

3.1.6. Not to violate the rights and interests of the owners of adjacent premises when using the Object.

3.1.7. Unimpeded admit the Landlord to the Object in accordance with clause 2.2 of this Agreement.

3.1.8. Return to the Landlord the Object, the property in it, the keys to the Object in the same condition in which they were transferred to the Tenant, taking into account their natural physical wear and tear, after the expiration of the lease term established by this Agreement.

3.1.9. In case of detection of theft, damage to the Landlord's property as a result of fire, flood, unlawful actions of third parties, etc., immediately notify the Landlord about this, and in his absence, notify the appropriate competent authorities.

3.1.10. Transfer to the Landlord all documents and postal items, as well as any information concerning him.

3.2. The Tenant is not entitled, without prior written consent from the Landlord:

3.2.1. Install any equipment in the Facility (reinforcement of doors, installation of alarms, security systems, etc.).

3.2.2. Transfer the Object to third parties, as well as lease the Object.

3.2.3. Carry out reorganization and reconstruction of the Object.

3.2.4. Introduce into the Object other persons not specified in clause 1.1 of this Agreement.

4. PAYMENTS AND PAYMENT PROCEDURE

4.1. The rental fee for the Object is RUB per month.

4.2. Payment for renting an Object is made: no later than the day of the current month in advance.

4.3. The established fee for the lease of the Object is not subject to change during the entire lease term, unless otherwise provided by an additional agreement of the Parties.

4.4. The Landlord shall pay the rent, telephone subscription and utilities, except for those specified in clause 4.5 of the Agreement.

4.5. Payment for long-distance and international telephone calls, other paid services telephone communication, including the Internet, as well as consumed electricity is carried out by the Tenant, in accordance with the tariffs of the relevant organizations.

4.6. If there are any debts and / or unpaid invoices at the time of the Tenant's departure from the Property, the obligation to repay which, in accordance with the Agreement, is assigned to the Tenant, the corresponding sums of money shall be withheld by the Landlord from the amount insurance deposit(clause 6.1 of this Agreement).

5. LIABILITY OF THE PARTIES AND PROCEDURE FOR EARLY TERMINATION OF THE AGREEMENT

5.1. Early termination of the Agreement is possible due to its early termination or due to unilateral refusal by either of the Parties to execute it on the grounds specified in this Agreement.

5.2. A unilateral refusal to execute the Agreement before the expiration of the period specified in clause 1.6 of the Agreement may be made by either Party in case of systematic violation by the other Party of the terms of this Agreement.

5.3. Termination of this Agreement by way of unilateral refusal is made by sending one of the Parties to the Agreement to the other Party, a corresponding written notification indicating the reason for refusal, no later than calendar days before the date of termination of the Agreement.

5.3.1. In the event of a unilateral refusal to execute the Agreement on the initiative of the Tenant, subject to the Landlord's compliance with the terms of this Agreement, the Landlord may return to the Tenant a part of the money proportional to the unused lease term only at his voluntary request.

5.3.2. In case of unilateral refusal to fulfill the Agreement on the initiative of the Landlord, subject to the Tenant's compliance with the terms of this Agreement, the Landlord returns to the Tenant the part of the amount paid by the Tenant for the unused lease period and pays a penalty in the amount of a monthly fee for leasing the Object.

5.4. The Tenant bears full financial responsibility for damage caused to the Object and / or the property of the Landlord, for damage caused to the owners of the adjacent premises, regardless of whether this damage is the result of deliberate actions or the result of negligence of the Tenant and or persons living with him.

5.5. In case of delay in payments under this Agreement, the Tenant shall pay the Landlord a penalty in the amount of% of the amount owed for each day of delay.

5.6. Termination or termination of this Agreement does not relieve the Tenant from fulfilling the obligation in accordance with clause 5.5 of this Agreement.

5.7. If, in the course of the execution of this Agreement, it is revealed that the Landlord has violated clause 2.3 of the Agreement, namely the fact that he has provided false information that prevents or makes it impossible to use the Object, the Landlord is obliged to pay the Tenant a fine in the amount of the monthly rental rate of the Object.

5.8. If the Lessee discovers in the course of the execution of this Agreement the Landlord's indebtedness in payments for the Object, which complicates or makes impossible the normal use of the Object for living (power outage, gas, etc.), the Lessee has the right to independently pay off the identified debt at the expense of the amount due to the Landlord for renting an Object.

5.9. The Parties are exempt from liability for failure to fulfill their obligations under this Agreement if the reason for this was force majeure events and / or factors beyond their control and outside the control of the Parties, such as natural disasters, armed conflicts, regulations of state authorities and state administration, significantly complicating or making it impossible to fulfill the obligations assumed under the Agreement.

6. SPECIAL CONDITIONS

6.1. At the request of the Landlord, the Tenant undertakes to transfer to him an insurance deposit to secure payment for long-distance, international telephone calls, other paid communication services, including the Internet, provided to the Landlord's phone number, other paid services for servicing the Object, the obligation of payment for which lies with the Tenant, and also to ensure the safety of the property transferred to the Tenant, the property of the owners of the adjacent premises. The insurance deposit is the amount of rubles.

6.2. In order to obtain legal guarantees under this Agreement, the Tenant personally verifies the authenticity of the documents on the title to the Object submitted by the Landlord and verifies their content prior to signing this Agreement.

6.3. The persons listed in clause 1.1 of this Agreement living together with the Tenant bear all obligations under this Agreement on an equal basis with the Tenant.

6.4. Inseparable improvements made in the Property by the Tenant without written consent from the Landlord are transferred to the Landlord without reimbursement of their cost.

7. FINAL PROVISIONS

7.1. The parties are familiar with the text of this Agreement and fully agree with it.

7.2. This Agreement comes into force from the moment of its signing by both Parties.

7.3. All changes and additions to this Agreement are valid provided they are drawn up in writing and signed by both Parties.

7.4. If disputes arise, the Parties will seek to settle them through negotiations, and if no agreement is reached - in court.

7.5. On issues not provided for in this Agreement, the Parties are guided by the legislation of the Russian Federation.

7.6. This Agreement is made in two copies of equal legal force, one for each Party.

8. DETAILS OF THE PARTIES

Employer

Landlord Registration: Postal address: Passport series: Number: Issued by: By: Phone:

9. SIGNATURES OF THE PARTIES

Tenant _________________

Landlord _________________

Is it obligatory 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 lease agreement for residential premises. However, from the 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 lease agreement.

So, the lease (or hiring) agreement should be concluded by everyone, regardless of the relationship between the parties. Even if, out of your kindness, you allowed a relative or friend to live in the 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. public 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. Issues 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 says that in the absence of a written agreement in court, it is impossible to use witness testimony. In addition, according to the same Civil Code, the written form is not only directly provided for contracts of lease or lease of housing (Article 674 of the Civil Code), but also must be used in all cases when one or both of the following conditions are met:

• at least one party to the transaction is a legal entity;
• a transaction for an amount exceeding 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 other big city now it is much more expensive.

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

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

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

• there are doubts that the landlord has the right to rent out the apartment;
• the contract is concluded through an intermediary, in whose conscientiousness you are not sure;
• housing rent is too different from what is 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 drafting of a lease agreement containing those conditions that can protect your rights.

What a typical rental agreement should contain. Download 2018 sample for free

Civil law provides for the concept of the 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. With regard to rental housing, the following conditions will be essential:

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• about the identity of the landlord and tenant;
• the subject of the contract (signs of a dwelling that make it possible to unambiguously determine what exactly is being rented);
• the amount of rent (in principle, it can be omitted, but then you will not receive a lease / lease agreement, but an agreement on the free use of residential premises).

So, the contract must contain the following sections:

1. Preamble. Here the name of the agreement ("Lease of residential premises" or, more correctly from a legal point of view, "Lease of residential premises"), place and date of its conclusion, names or designations (for legal entities) of the parties, as well as their abbreviated names, which will be used further in the text of the agreement.
2. Subject of the contract. Here should be described in detail the housing that is rented out under the contract. 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 lessor the right to rent out this premises (ownership, lease agreement with the right to sublease an apartment, etc.) etc.).
3. The amount of the rent.
4. Rights and obligations of the parties.
5. Responsibility of the parties.
6. The term 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 lease agreement.
7. Details and signatures. Here you need to describe the parties in as much detail as possible. For citizens, you will need to indicate passport data and place of permanent registration, for legal entities - organizational and legal form, TIN, PSRN, BIK and other bank details.

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

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

Persons concluding a contract

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

• a lease agreement for residential premises, according to which a legal entity can be a tenant;
• a housing lease agreement concluded only with citizen tenants (individuals).

In most cases, the difference between them is small, therefore, both are often called a lease agreement. But there are still some differences. In particular, under a lease agreement concluded for a period of more than 1 year, temporary tenants 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 free of charge).

In addition, the lease agreement must indicate not only the employer, but also the persons who permanently reside with him (this is not required for the lease). If such persons were not indicated immediately, then they can be moved in later with the consent of the owner of the home, if the area attributable to each complies with the norms of housing legislation. The only exceptions are minors: no permission is required to enter them and compliance with the norm is optional.

The duration of the rental agreement and the associated features of the conclusion

From a practical point of view, contracts for the lease 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:

1. If the contract does not specify a specific term, then the contract, in accordance with Art. 683 of the Civil Code of the Russian Federation, is considered a prisoner 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.
2. Encumbrances arising from the conclusion of contracts with a period of one year or more are subject to mandatory registration with the Rosreestr authorities.

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

With regard to the terms, the rule applies: if the tenant paid for the apartment accurately and did not violate his other obligations under the contract, he has the right, upon the expiration of the contract, to conclude a new one for the same period. The owner of the apartment has the right to refuse him to conclude a new contract, but in this case he is obliged to refrain from renting out housing for a year. If, however, within a year he rented 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 suffered due to the fact that he did not receive housing for a new period. However, in the case of short-term contracts, this rule does not apply: they may not be renewed.

Housing fees

The amount of payment under a 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 amount of payment. True, so far no such rules have been introduced in relation to commercial employment, however, the possibility of introduction in the future should be borne in mind.

The terms for making the 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 applies to social employment. In accordance with it, the payment for the month is paid no later than the 10th day of the month following the one for which the payment is due.

In addition to the rent, the parties can also agree on utility bills. If this is not specifically stipulated in the contract, then the tenant pays for electricity, water, heat supply, etc.

The rights and obligations of the parties to the rental agreement

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

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

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

1. With a long-term contract (lasting over a year), with the consent of the owner, rent out the premises or part of it under a sublease agreement.
2. Let temporary tenants in for a period not exceeding 6 months. If no payment is taken for their accommodation (that is, no sublease agreement is concluded), then the owner's consent is not required - just his notification is sufficient. However, the owner has the right to prohibit temporary residents from living if, as a result of their arrival, each person in the apartment will have a living space that is less than that provided for by the norms of this city.

A controversial issue is the use of the premises for professional or entrepreneurial activities. On the one hand, part 2 of Art. 17 of the RF Housing Code allows such activities if it does not interfere with neighbors and other residents of the apartment; on the other - 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 that is not provided for by law. In this case, however, we will already talk about a mixed agreement.

Responsibility for the rental agreement

The law provides for liability for both parties to the contract. But if the landlord (landlord) is only responsible 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.

By law, the tenant (tenant) is responsible:

1. 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 a court on the initiative of the owner of the premises.
2. For timely payment. Responsibility here will be the payment of 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 fee is not paid for 6 or more months (for a short-term contract - 2 times in a row).
3. 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.

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

But as for drawing up a contract, here you will need to comply with many aspects, only then it will be possible to do everything competently and correctly. Each point carries a certain 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 face unnecessary problems.

The contract must include such important information, how:

• Names of the parties. Naturally, here you will need to indicate all the necessary contact details of the participants in the transaction;
• In addition, you need to indicate the address where the housing is actually located, other important parameters that can determine the subject of the contract;
• The cost of renting a living space. As for the price, it is carefully negotiated by the parties;
• It is important to prescribe the lease term, because this is an equally important factor that must be present in the contract;
• Responsibility of the parties;
• Other items. It is customary to include information that relates to the state of the dwelling as a whole. You can always describe furniture, household appliances, so that in the future this question does not cause unnecessary questions;
• Other conditions. It is customary to indicate here the various conditions that the owner of the property may have. For example, this applies to the mode of using certain objects, for example, it is forbidden to listen to loud music, etc. Naturally, it is important to specify 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, not having any knowledge and 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 deal.

Responsibility of the parties under the apartment lease agreement

As for the law, it provides for liability for all parties to the transaction. But at the same time, you need to know if the landlord becomes responsible solely for the transfer of the premises free of the rights of third parties, then it is important to understand here that the responsibility of the tenant is indeed much more diverse.

The employer will respond:

• First of all, this is, of course, the safety of housing, it should be used strictly for its intended purpose and not otherwise. If, nevertheless, this clause is not observed, then the owner of the property will have to be reimbursed for the damage, of course the contract will be terminated;
• In addition, the employer is also responsible for timely payment;
• He is also responsible for the actions of those persons who will live in this apartment with a 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 the moment who specifically committed this or that violation of the contract, since the tenant will have to answer.

Registration of an apartment lease agreement and subsequent registration

You can always download a ready-made contract form, drawing up it according to a sample, and doing it the first time. Since the form of the contract is in writing, please note that there is no need to disturb the notary. Of course, if the parties so wish, 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 should be clearly understood that the conclusion of such an agreement is a guarantee of security for the participants in the transaction.

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

Of course, in practice, many details are often not followed, which leads to many serious problems. All this boils down to the fact that you 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, so it will be possible to avoid the "pitfalls" of the contract, with which the parties to the transaction are increasingly faced in practice. After all, this is a serious financial operation, and therefore it is necessary to approach it accordingly.