How to write a lease agreement. Standard apartment rental agreement

Last updated May 2019

Having multiple living spaces is not only a luxury, but often a headache. Owners are trying to rent out “extra” living space. This is both additional profit and some kind of supervision of the apartment.

Let's try to figure out how to properly rent out an apartment, how to avoid problems with unscrupulous tenants and the tax inspectorate, and how to preserve your property.

Who can take it

The owner has the right to rent out his apartment. Who has a certificate of registration of ownership rights (extract from the state register) for it. No relatives or very close friends have the right to enter into a rental agreement with tenants at the request of the apartment owner. This option is possible only if you have a notarized power of attorney, which states the right of the authorized person to rent out the housing of his principal. Otherwise, the owner may object to such a transaction at any time.

If the owner of an apartment uses it under a social tenancy agreement, that is, it actually belongs to the state or municipality, then he has no right to rent it out. In exceptional cases this is possible, but for this it is necessary to obtain official written permission from the state/municipal body (who is the owner, in most cases this is the municipality).

If there are other residents registered in the rental housing, in addition to the owner (as members of the owner’s family), then obtain their written consent to conclude the transaction not required.

But there are subtleties. If a rental agreement has already been concluded and the owner or hires other persons to live in the dwelling, then consent to such moving in is required from all interested parties (both the tenant and all people registered with the tenant).

The same is required if part of the apartment is rented out (for example, a room in communal apartment, in which there is a shared kitchen, toilet, and bathroom for several owners). Thus, an additional rental agreement for vacant space can be concluded with the permission of the first tenant and his family members.

If a minor child is also registered in such housing, then permission to rent out the apartment will also need to be obtained from the guardianship authorities.

If there are several private owners of the apartment, then each of the co-owners must participate in the transaction on the side of the landlord. Or express your written consent to conclude the transaction and entrust one of the owners to handle its execution. Such consent and power of attorney are drawn up by a notary.

If such procedures are neglected, then the apartment rental agreement (for a period of more than 1 year) will not be registered in the Russian Register.

In practice, apartments are often rented “in gray”, without state registration of the agreement in the Russian Register. Therefore, such formalities are not observed. But you need to keep in mind that in a legal dispute with a tenant (on any issues regarding the rental of an apartment), it will not be possible to refer to such an agreement as evidence, since it is void without registration (if it is not concluded for a period of less than a year, then registration is not necessary and the written form of the contract is sufficient for its full force).

When it comes to moving into a municipal apartment (including registration, concluding an additional social tenancy agreement), consent is required from all registered persons and, naturally, from the municipality.

Who to rent an apartment to

A person who is faced with renting out an apartment for the first time will be thrown into panic by even such a simple question of where to find tenants. We can recommend four options:

• Contact a real estate agency. They will offer you a lot of options and also provide some guarantees, but you will have to pay for such services.
• Submit an advertisement for renting an apartment in a newspaper, Internet sites, or in a “creeping line” on television. Or find an advertisement for a person who wants to rent a home in the same media. True, there is a risk of running into an unscrupulous tenant. He will either not pay for the apartment provided to him, or he will damage (steal) the property in it.
• Find a tenant through friends, acquaintances, relatives - best option. It is unlikely that a tenant under the patronage will risk harming the owner of the apartment. And in case of controversial issues, it can always be found.
• Rent out housing to relatives or friends. Most likely, such rent will be free of charge. You will not receive any material benefit. But you can safely entrust them with paying utility bills for the apartment.

In general, you need to periodically check the apartment you are renting. Communicate with tenants and monitor utility bills to avoid problems in the future.

If the apartment is for rent to a stranger, then the lease agreement cannot guarantee complete property security to the owner. It is necessary to check the future tenant to ensure he is law-abiding. To do this, you can contact police officers you know or other representatives of law enforcement agencies to check the employer for a criminal record, bringing him to administrative responsibility, the presence of debt or credit arrears, etc. You can look up information about the person on the Internet and from other open sources.

Renting an apartment without intermediaries is, of course, cheaper. But then all worries about housing fall solely on your shoulders.

How to transfer an apartment

We'll talk about the legal aspects of the transaction later. Now let's touch on everyday issues.

The apartment must be transferred directly to the tenant, telling about all the features and important technical aspects of the housing. This way you can avoid accidental breakdowns and other damage.

When transferring an apartment, you should jointly record the readings of energy meters (water, electricity, gas, etc.) so that in the future you will not have to figure out who incurred the utility debt.

Before handing over the keys, the general and detailed conditions in the apartment should be photographed. This will discipline the employer, as he will see the owner’s reverent attitude towards his property. In addition, photographs can serve as evidence in court if a conflict arises about a significant deterioration in the condition of the apartment after its delivery.

If you have friendly neighbors on the landing, it would be good to introduce the new residents to them. And leave your phone number with your neighbor for emergencies. This also “educates” the employer.

How to register a lease legally

Even if you decide to rent out an apartment best friends or distant relatives, it is better to document this transaction. In this case a residential lease agreement is drawn up(it must be distinguished from a lease agreement, which is concluded mainly between legal entities). It’s easy to arrange. There are a lot of samples and options on the Internet for different occasions. You can draw it up yourself, seek help from a lawyer or from us.

The document is signed by both parties. Notarization is not required, but is not prohibited. As an option, entrust the drafting and certification of the transaction to a notary. But such a document will not have greater legal force than an ordinary written agreement concluded by the parties.

In addition to the rental agreement, it is necessary to draw up an acceptance certificate for the apartment being rented out.

The act describes in detail the technical condition of the entire residential premises: the presence of repairs, plumbing, as well as the furniture, household appliances, and other household items in the apartment. It is necessary not only to list them, but also to indicate in what condition they are, in what places they are located, name (model, brand, etc.), determine the approximate cost (at least of the most expensive items). This will help the homeowner in the future to assess the condition of his property and recover damages for damage to it from unscrupulous tenants. The act is also signed by both parties after inspecting the apartment. After which the tenant is given the keys.

How to draw up a rental agreement correctly

If you decide to rent out an apartment and draw up a contract yourself, you should follow the basic rules for drawing it up. Main, clearly state the basic conditions - apartment address, term and amount of rent, the rest is at the request of the parties. You can draw up a very detailed document on several pages, which will include all the nuances. And only the essentials, fitting everything on one sheet. A reliable contract should include the following points:

1. Date and place of its compilation.
2. Detailed personal data of the landlord and tenant: first name, last name, patronymic, date of birth, place of registration and residence, number and series of passport or other identification document.
3. Subject of the agreement: an apartment for rent, owned by the landlord. Namely, its address, square footage, technical condition, availability of furniture, plumbing, assessment of suitability for living (heating, water supply), connection of the telephone network, the Internet, cable television. Detailed description may be stated both in the contract itself and in the deed of transfer attached to it.
4. A link to a document confirming that the landlord is the owner of the property. About the absence of encumbrances by third parties (mortgage, pledge, other lease, arrest, etc.).
5. The cost of the monthly rent, including an indication of who is responsible for paying utility costs.
6. Payment form: cash in cash, by postal order or by bank card(contribution), free of charge, etc..
7. Payment terms: lump sum for the entire rental period or monthly (quarterly) indicating by what date payment must be made.
8. Which party is obliged to carry out current, major or urgent repairs of the apartment.
9. The period for which the housing is rented.
10. Indication of all tenants moving in with the tenant (if the contract is long-term).
11. The rights and obligations assigned to the tenant and the lessor, with which they must agree.
12. Reasons and conditions under which a tenancy agreement can be terminated unilaterally.

It is advisable to also stipulate in the contract special conditions, the so-called “everyday tricks”:

1. The ban on the employer and members of his family (or those persons who will live with him) be registered at the place of residence (in a rented apartment). Although the legislator does not allow registration without the owner’s permission, “enterprising craftsmen” manage to circumvent the restrictions. Such a condition will not allow cheating during registration, and if illegal registration was nevertheless allowed, then it will be easy to challenge it in court (the agreement itself will be indisputable evidence of the unlawfulness of the employer’s actions).
2. Distribute the responsibilities of insuring the apartment against accidents between the landlord and the tenant. It is better, of course, to deal with this issue yourself, since by insuring the apartment against flooding, fires, civil liability, etc., the owner relieves himself of the risks for the negligent behavior of the tenant. After all, if such an incident occurs, the owner will be responsible to the victims (neighbors and other persons). Damages can only be recovered from the culprit (tenant) by way of recourse. That is, first the owner compensates for the damage to the victims and only then can he demand financial compensation from the tenant. Sometimes this is an impossible task (for example, the employer does not have property, does not officially work or pay alimony, etc.).
3. On restricting the ability to sublease an apartment to other persons without the written consent of the owner. Otherwise, the apartment can be turned into a living room.

On the periodic opportunity of the owner to check the condition of the apartment. These are the rights of the owner, in the presence of the tenant, to come to the apartment to inspect it for its safety, proper sanitary condition, etc. If such a point is not provided, the tenant may simply not let the landlord in, because this is his right.

For what period should the contract be concluded?

The maximum period for which you can enter into a rental agreement is 5 years. And even if the document does not contain a reference to the period for which the apartment is rented, it will be limited to the specified time.

Experienced lawyers still advise not to rent out an apartment in long-term rental. Concluding another contract for a new term is always easier than terminating an existing one. Moreover, when one of the parties does not agree with the termination.

Do I need to register a tenancy agreement?

An apartment rental agreement (or residential lease agreement) does not require mandatory registration in the bodies of Rosreestr, if it is concluded for a period of up to one year (for example, for 11 months or six months).

If it consists of more long term, then such a transaction will have to be registered. The downside is that this obliges the landlord to prepare a package of documents and pay a state fee for registration. In addition, information about the rental of housing and the receipt of profit by the landlord will be sent to the tax authority. But, on the other hand, by registering this transaction, he receives additional guarantees. .

It is most profitable to conclude an apartment rental agreement with the right to subsequently prolong it and renew it every year.

Advantages and features of renting an apartment for a period not exceeding 11 months, which we have already discussed

• The rental agreement does not need to be registered with Rosreestr. This means there is no need to waste time collecting documents or incur the cost of paying state fees. And upon expiration of the contract, clear the entry in the state register about the encumbrance (hire);
• the employer will not be able to count on a delay in eliminating violations that lead to termination of the contract.

Mostly short-term contracts are used by owners who evade taxes on rental income. After all, the tax office does not know about such an agreement (the agreement is not registered in the Russian Register and tax authorities do not receive information from there).

Registration of the contract in the Russian Register is not difficult.

1. You can apply for registration of an agreement within 1 month from the date of its conclusion (Article 51 of the Federal Law “On State Registration of Real Estate”). Otherwise, a fine of 5,000 rubles is expected.
2. The applicants must be two parties to the contract (both the landlord and the tenant or their representatives by notarized power of attorney).
3. The package of documents consists of:
   • rental agreement with acts of transfer of the apartment from the owner to the tenant in three copies;
   • applicants' passports (for identification);
   • receipt of payment of state duty (amount of 2000 rubles, 1000 rubles on each side);
   • copies of documents on ownership of the apartment (founding agreement, certificate of ownership, cadastral passport). Although these documents are not mandatory, their provision speeds up the process of accepting applications and registering an agreement;
   • consent of interested parties (other shareholders, mortgagee, etc.).
4. Registration is carried out within 5 working days
5. Documents are submitted to the MFC department.

Registration may be denied for the following reasons

• the apartment for rent is not registered in the cadastral register;
• a previously concluded lease agreement for the same area is valid;
• not represented full list necessary documents for registration;
• the lease agreement has gross inconsistencies with the requirements of the law.

Payment for rented housing

Payment for renting an apartment, as well as the conditions for making utility payments, should be described in detail in the contract.

Some landlords insist on a rent deposit. That is, they demand payment for several months at once. This guarantees that residents will live in the apartment for the entire period they paid for. For the employer, this is confidence that he will not be left without a roof over his head during the time for which he has already paid.

Information that a deposit for several months is required for renting an apartment can be indicated directly in the contract or agreed upon orally by the parties.

It is better to record it in writing lease agreement conditions for the return (or non-return) of the deposit. This is in case the tenant decides to move out of the apartment earlier, within the period for which he has already paid the rent.

For example, the tenant paid a deposit for living in rented housing for 6 months, and after 3 months he decided to move out. This option must be provided for in the contract and indicate whether in this case the landlord will have to return part of the rent.

There is a condition regarding the deposit of rent for last month. The scheme is as follows: double payment is made in the first month. And you don’t have to pay anything for the last month, since the deposit payment is the payment for the last period. This deposit insures the owner of the apartment if the guest moves out secretly without paying for the last month.

About receipts

It is advisable to record the transfer of any money for renting an apartment, be it a deposit or a monthly payment, with receipts. You can prepare a single form in which you only need to enter the amount and date of payment and sign the parties. Witnesses are often brought in to confirm the fact of transfer. Their details are included in the receipt.

It is also advisable to complete the receipt in two copies, so that one remains with the tenant and the second with the lessor.

If payment for rental housing is made in non-cash form, then the payer must keep checks (receipts) for the transfer of money to the owner of the apartment.

Termination of an agreement

The grounds and conditions for terminating the tenancy agreement must be specified in the document itself.

The tenant has the right to terminate it at his own request, subject to two conditions:

• all persons living with him agree with this decision;
• the lessor is notified no later than three months.

The person renting an apartment may terminate the contract unilaterally on the following grounds:

• the tenant does not pay rent for six months in case of long-term rental or misses two payments in a row if the rental period is less than 1 year;
• damage or destruction by tenants of housing or property located in it;
• using the apartment for purposes other than its intended purpose, for example, for an office, warehouse, etc.;
• systematic violation of order, causing disturbance to neighbors (the violator was warned by the landlord, but did not eliminate the violation).

The tenancy agreement can also be terminated through the court. The initiator of the claim can be either the landlord or the tenant. The reason is usually that the housing has become unusable or has been recognized by the relevant authorities as unsafe.

If the tenant does not agree with the termination of the contract at the initiative of the landlord, he has the right to appeal this fact in court. If the rental agreement was concluded for a long term, the court may grant the plaintiff a deferment to eliminate violations and pay the debt for up to one year.

Should I pay tax on income from renting out an apartment?

Even if the apartment is rented out for a short period of time, this does not relieve the landlord who receives the proceeds from tax liability.

When the lease is long-term and registered with Rosreestr, then information about the transaction will most likely end up with the tax office.

With a short-term contract, it is easier to conceal the fact of receiving a profit from the rental (for obvious reasons). But legislators do not advise doing this. Those who get caught will be forced to pay not only income tax for the entire period, but also a fine and penalties in the amount of 20 to 40 percent of the unpaid tax amount, etc.

When the tax debt amounts to a large amount (more than 900 thousand rubles), the culprit may face criminal punishment. Up to imprisonment.

A concluded rental agreement for residential real estate is a reason for tax authorities to collect tax on the amount for renting out an apartment. Any ill-wisher, as well as Rosreestr at the request of the tax office, can report this.

According to the law, the landlord is obliged to from January 1st to April 30th inclusively submit to the inspectorate at your place of residence a declaration of your income for the past year. It indicates the amount of profit received, including from renting out the apartment.

No one will send the taxpayer a receipt for the amount of tax. You must pay the calculated personal income tax yourself at the rate of 13 percent of the amount of profit received from renting out an apartment per year. If the declaration is not submitted, then a fine is provided for this in the amount of 30% of the tax base amount, but not less than 1000 rubles.

Payment must be made until July 15th of the year, in which the declaration was submitted. Failure to pay or late payment may result in fines and penalties.

The landlord can be exempt from paying tax only if he has not received rent for the apartment from the tenant for a long time and is able to prove this fact.

Self-employment and apartment rental

The status of a self-employed citizen allows you to solve some problems in the hiring issue.

Firstly, simplified taxation . This is a tax experiment. in Moscow, Moscow region, Tatarstan and Kaluga region . Citizens of these regions can register through the “My Tax” service and pay 4% of the amount of income. Reporting is generated by the same Internet service “My Tax”. The amount is paid monthly. There is no need to submit any declarations. The amount of income per year should not exceed 2.4 million rubles. The beginning of the experiment showed that the idea was not unsuccessful. This way of paying for your income is convenient and economical. Other regions of Russia have already expressed a desire to join the experiment.

Secondly, no need to register as an individual entrepreneur . By registering as self-employed, a citizen will pay a special tax on professional income. These obligations are sufficient for the state and there is no need to strictly tie oneself to the entrepreneurial path. Of course, if we are talking about renting out your home, which consists of 1-2 objects. If there are objects a large number of and other people’s properties will also be available for rent (for example, for rehire or real estate under management). This is a purely commercial activity. You can’t do without an IP certificate.

For the self-employed, tax holidays are provided until December 31, 2019 (clause 70, article 217 of the Tax Code of the Russian Federation). You just need to submit a notification to the territorial Federal Tax Service and indicate the type of preferential activity. Unfortunately, renting housing is not included in the type of activity of self-employed people, which is exempt from paying taxes. At the regional level, authorities at their discretion can determine the types of occupations that will fall under preferential status. But today, not a single region has included rental housing in this list.

Other types of liability

There are cases when citizens rent out several apartments they own at once. Such activity is recognized as entrepreneurial. Therefore, before renting out apartments, it is required obtain the status of an individual entrepreneur. Otherwise, there will be liability under administrative (Article 14.1 of the Code of Administrative Offenses of the Russian Federation) or criminal (Article 171 of the Criminal Code of the Russian Federation) legislation (depending on the amount of income received) for illegal business activities.

Let us clarify that if we are talking about one apartment, in practice it is considered that this activity does not relate to commercial activity. This is one of the types of activities of self-employed citizens.

If you have questions about the topic of the article, please do not hesitate to ask them in the comments. We will definitely answer all your questions within a few days. However, carefully read all the questions and answers to the article; if there is a detailed answer to such a question, then your question will not be published.

104 comments

A residential lease agreement is a document that legally confirms the transfer of residential premises owned by one person for the temporary use of another person. At its core, an apartment rental agreement is a kind of receipt that the housing has been transferred and accepted by the parties in an agreed form, as well as what obligations each party has assumed. Such an agreement does not need to be certified by a notary or state registration, but it has sufficient legal force and can serve as evidence of a housing rental transaction in court or other government bodies. The document comes into force from the moment it is signed by all parties to the transaction, indicating their full passport data.

If the rental of an apartment is carried out through realtors, then, as a rule, they can offer their own form of agreement, as well as certify its conclusion with their seal and signature of the representative. Such an assurance does not have much meaning, since it does not affect the legal significance of this document. Moreover, the use of a universal contract form does not always meet the interests of the parties, since it cannot take into account the individual characteristics of the transaction. It is recommended to use a lease agreement drawn up taking into account all the nuances of your particular transaction.

It should be noted that the rental agreement form is not anything complicated. It can be compiled according to a sample, however, this must be done very carefully. Because, in the event of controversial situations, every little detail can be important. By the way, the expression “renting an apartment or housing” is not entirely correct, because legally the concept of “rent” refers to the economic use of real estate. Premises intended for living are usually rented, therefore it is more appropriate to use this term. But the incorrect name of the document, in principle, does not affect anything. The main thing is to accurately spell out all the essential conditions, and these include the rights and obligations of the parties to the agreement, the duration of its validity and a number of other points.

What does a residential lease agreement consist of?

1. Clause “Subject of the agreement”.

It must indicate that the Lessor leases an object - an apartment - to the Tenant for temporary use for a certain period. It is necessary to describe in detail all the characteristics of the apartment and its address. If desired, you can specify in the contract the maximum number of persons who can live in the rented housing. These citizens can even be listed by name. Then, living in the apartment of other persons will be regarded as a violation of the terms of the contract.

2. Point “Rights and obligations of the lessor”.

In this paragraph it is necessary to describe the terms of the lease and the condition of the housing. You can (and should) include in the contract a list of furniture and household appliances that are in the apartment and their condition. You can also specify the terms of the lease and the obligation to control all issues of providing utilities to residents. Here you must also indicate the possibility of checking the condition of the apartment and the frequency of such checks. In order to protect tenants, you can include in the lease agreement the phrase “The Landlord undertakes to provide the Tenant with unhindered and 24-hour use of the apartment,” but subject to compliance with the specified requirements.

In addition, the contract can indicate the landlord’s obligation to independently resolve possible conflict situations with other apartment owners. After all, fraudulent schemes are quite common when an apartment is rented out by one owner, and then a second one comes and evicts the tenants on the grounds that he did not know about the lease. Therefore, it is advisable, even at the stage of concluding a rental agreement, to obtain the consent of all owners and stipulate such a situation in the agreement.

3. Point “Rights and obligations of the tenant”.

In this paragraph, it is necessary to provide a complete list of all the tenant’s obligations, namely: a ban on keeping animals in the apartment, a ban on organizing parties and other important requirements of the landlord. It is important to indicate responsibility for the safety of all things that are rented along with the apartment. In addition, you can separately indicate relationships with neighbors, oblige residents to submit meter readings and allow authorized persons from the management company or HOA into the apartment for control. Here you can also specify the need to pay a deposit and the obligation to do cosmetic repairs at certain intervals. Or, conversely, do not make repairs without the consent of the owner of the property.

4. Item “Settlement procedure”

This paragraph should indicate the exact amount of rent and any additional payments that tenants are required to make. It is necessary to clearly describe the schedule for making payments to the landlord and for utilities. And also the procedure for making such payments - in cash or to a bank card. In addition, this paragraph should indicate the amount of security deposit transferred to the landlord by the tenant. And also specify all the conditions for this amount, in particular, the owner’s right to withhold from it the cost of damaged property or arrears of rent or utilities. as collateral or first payment. In the same paragraph you should indicate the readings of all metering devices at the time of transfer of the apartment for rent. This could be readings from a water meter, electric meter, gas meter.

5. Clause “Procedure for termination of the contract and responsibility of the parties.”

In this paragraph it is necessary to describe all the conditions under which the rental transaction is terminated. If we are talking about termination of the contract at the end of the contract, it is necessary to specify the actions of the parties to the contract. You should also determine the conditions and procedure for early termination of the contract. In particular, it must be indicated that the owner of the apartment has the right to terminate the contract early in the event of complaints from neighbors, improper maintenance of housing, damage to property, or violation of public order by residents. Tenants may want to move out early if the owners violate control procedures and unreasonably increase the rent.

The agreement should indicate the procedure for terminating the agreement, namely, notifying the party about the termination of the lease ahead of schedule and the timing of vacating the property in this case.

6. Clause “Consideration of disputes and settlement of disagreements.”

In this paragraph we indicate that “the parties will try to resolve all disagreements that arise between them through negotiations,” but if an agreement cannot be reached, then “disputes will be resolved in accordance with the law Russian Federation, judicially". It is important to point out that all losses incurred by the party, which the court recognizes as right in the dispute, will be obliged to compensate the losing party. In addition, such party will be obliged to pay a penalty under the contract (you can specify the amount of the penalty).

7. Item “Details and addresses of the parties to the agreement.”

In this paragraph you should indicate the passport details and addresses of registration and actual residence of the tenant and the landlord.

It is obvious that the text of the lease agreement can be drawn up by any person without a legal education. The law requires that the contract must indicate its subject matter, transaction price, details of the parties and their signatures. All other conditions are not limited by law and depend only on the imagination of the parties. The more detailed the document, the fewer questions will arise when resolving controversial issues, if they arise. A standard rental agreement can be taken as a sample, but it must be filled out individual characteristics transactions. In addition, an apartment acceptance certificate with an inventory of the property must be attached to the contract. It is advisable to verify this act with the signatures of two witnesses. Thus, the parties will be freed from mistrust of each other in terms of assessing the condition of certain items.

Separately, it should be noted that the rental agreement must indicate the basis on which the lessor owns the apartment, as well as the absence of encumbrances on the housing, for example, arrest. If the apartment is mortgaged and actually secured by the bank, this should also be indicated in the rental agreement.

Sample rental agreement:

AGREEMENT

Rental housing

city ​​______________ "______" ________________ ________G

We, the undersigned: ________________________________________________________________________________, hereinafter referred to as the “Lessor”, on the one hand, and __________________________________________________________, hereinafter referred to as the “Tenant”, on the other hand, have entered into this Agreement as follows:

1. THE SUBJECT OF THE AGREEMENT

1.1. The Lessor provides the Tenant with an apartment consisting of ____ room(s), located

at the address ___________________, street ___________________________________ house ____ building ___ building ____ apartment ______ for a fee, for temporary 24-hour use for personal residence. Subletting of the apartment is not allowed.

1.2. The premises belong to the Lessor on the basis of:

_______________________________________________________________________________________

1.3 . During the entire rental period, the following persons will live in the apartment together with the Tenant: _______________________________________________________________________________

_______________________________________________________________________________________

_______________________________________________________________________________________

_____________________________________

1.4. The rental period for the specified apartment is set from _____ _____________200 ___ to _____ ____________200___.

1.5. If the parties do not object, the term of the Agreement is automatically extended.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES UNDER THE AGREEMENT.

2.1. The lessor is obliged:

- Provide the specified apartment to the Tenant for use from _____ ____________ 200 __ year.

• Provide the Tenant with free access to the apartment;
• Visit the apartment for inspection purposes no more than once a month, and notify the Tenant of your visits at least 24 hours before the intended visit ;
• Protect the Tenant from property and other claims of third parties who have ownership rights to the rented apartment.

The lessor confirms that the apartment is not under arrest, is not a pledge or the subject of legal proceedings, and he is its full owner on the basis of _______________________________________________________________________ _______________________________________________________________________________________

2.2. The tenant undertakes:

• Use the apartment only for the purpose specified in clause 1.1 of this agreement.
• Do not sublease the apartment and do not transfer the rights to use it to third parties, and do not move other persons in without the consent of the Lessor;
• Obtain written permission from the Landlord to keep animals in the apartment, and the Landlord must personally bear full responsibility for damage that his pets may cause to the apartment.
• Do not carry out redevelopment or repairs in the apartment without the written consent of the Lessor;
• Do not install any stationary equipment in the apartment (including replacing door locks, strengthening doors and installing alarms) without the consent of the Landlord;
• Assume full financial responsibility for the rented apartment and for all possible consequences of this rental or use, excluding force majeure circumstances;
• Take full financial responsibility for all property transferred to him and located in the apartment, keep it in good condition and clean.
• Comply with fire safety rules;
• Do not violate public order and rules of residence in the house;
• Pay rent in a timely manner in the amount of __________________ for the period of ______________ and pay for utilities, namely:__________________________________________________________________________________________
• ___________________________________________________________________________________________.

Second page

3. PAYMENTS AND SETTLEMENTS UNDER THE AGREEMENT.

3.1. The monthly payment for the use of the apartment by the Tenant is ____________________________

Russian rubles, all calculations are made in Russian rubles.

3.2. Payment will be made by the Tenant monthly for a month in advance, then no later than ____ date of each current month.

3.3. At the time of signing this agreement, the Lessor transferred to the Lessee a deposit in the amount of ___________________________ Russian rubles

3.4. The rent cannot be changed without the written consent of both parties.

3.5. Utility payments are made by____________________.

3.6. Payment paid services telephone communications, Internet and cable television are carried out by _____________________

3.7. The metered electricity is paid for by _________________________.

4. RESPONSIBILITY OF THE PARTIES TO THE AGREEMENT

4.1. If they wish to terminate the apartment rental early and terminate this agreement, each party is obliged to notify the other party in writing no later than 30 calendar days before the date of expected termination of the lease.

4.2 . Early termination of the lease and termination of the contract is possible in cases of violation by the Tenant or the Lessor of their obligations.

4.3. In the event of early termination of the contract at the initiative of the Lessor, earlier than the period specified therein, due to his personal, unforeseen circumstances, but subject to the Tenant's compliance with all obligations specified in clauses 1.4; 2.2; 3.2; 3.7; 3.8; 3.9, the Landlord is obliged to return to the Tenant part of the previously paid payment for the use of the residential premises, while the Landlord is obliged to provide the Tenant with fifteen calendar days free of charge to search for other housing and move.

4.4. In the event of early termination of the contract at the initiative of the Lessee, but subject to the Lessor's compliance with all of its obligations specified in paragraphs 1.4; 2.1; 3.5, rent paid in advance, as well as a deposit, are non-refundable.

4.5. For late payment of apartment rent, the Tenant pays a penalty at the rate of 1% of the overdue amount for each day of delay. If payment is overdue for more than ten days, the Lessor has the right to terminate the lease agreement unilaterally

4.6. The parties mutually checked personal documents and documents confirming the right to dispose of the rented apartment.

4.7. The landlord confirms the consent of other persons registered in the apartment or having the right

dispose of it on the right of ownership under the terms of the contract, and also that the apartment has not been sold and is not the subject of a legal dispute and is not under arrest.

4.8. The parties to the agreement confirm that they are familiar with all the terms of this agreement, fully agree with them and are personally responsible for their compliance.

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renting an apartment

______________________ "__"__________ 20___

(Name of apartment owner)

hereinafter referred to as the “Lenter”, on the one hand, and____________________

_______________________________________________________________________________,

(full name of the citizen-employer)

hereinafter referred to as the “Tenant”, on the other hand, have entered into this agreement for

below.

1. Subject of the agreement and other general provisions.

1.1. The apartment belongs to (full name)________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

based on (document of law)__________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

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

1.______________________________________________________________________________

2.______________________________________________________________________________

3.______________________________________________________________________________

a free isolated apartment suitable for permanent residence,

located at:

_______________________________________________________________________________,

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

residential use.

Availability of telephone: tel. No. _____________________________________________.

1.3. Citizens permanently residing with the Tenant have equal rights to

use of the premises. Relations between the Employer and such citizens

determined by law.

Responsibility to the Landlord for the actions of citizens permanently residing with

The tenant, in case of violation of the terms of this rental agreement, bears

Employer.

1.4. Other citizens may be moved into the premises with the consent of the Landlord, Tenant

and citizens permanently residing with the Employer, as permanent residents with

Employer. Minor children move in without the consent of the Landlord.

1.5. The employer and citizens permanently residing with him do not have the right to allow

accommodation in the premises for temporary residents (users).

1.6. The shortcomings of the residential premises at the time of transfer are indicated in Appendix No. 1 to

agreement - the Transfer Act, which is an integral part of this agreement.

1.7. The landlord transfers the residential premises with 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 fee for the premises is _____________________________ (amount) and is paid in

the following deadlines: _______________________________________.

1.10. Unilateral changes in the amount of payment for residential premises are not allowed.

2. Obligations of the parties under this agreement

2.1. The lessor undertakes:

2.1.1. Provide the Tenant with a comfortable residential premises suitable for living,

meeting the sanitary and technical requirements usually required for residential

premises.

2.1.2. Return to the Tenant the deposit for the safety of the property leased during

the Tenant's departure from the residential premises upon presentation of paid bills and

safety of the transferred property.

2.1.3. Warn the Tenant about the impending alienation of the residential premises (less than

sale, donation, etc.) three months before alienation.

2.1.4. Bear responsibility for the shortcomings of the rented premises and

property located in it, preventing its use, even if during

the conclusion of the contract was not aware of these shortcomings.

2.1.5. Eliminate the consequences of accidents and damages that occurred through no fault of the Tenant,

on your own.

2.1.6. Provide the Tenant with the opportunity to live in residential premises for

Calendar days from the date the Tenant receives the notice of

early termination of this agreement. The notice must be issued

in writing.

2.2. The lessor has the right to check the use of the property once a month.

The tenant's condition of the residential premises and property in advance agreed with

Employer time.

2.3. The Landlord has the right to offer the Tenant to enter into an agreement for the same or other

conditions or warn the Tenant about the refusal to renew this agreement in

in connection with the decision not to rent out the premises for at least a year (if the Landlord

failed to fulfill this obligation, and the Tenant did not refuse to extend the contract, the contract

is considered extended under the same conditions and for the same period).

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

The residential premises are not under collateral, arrest, or encumbered with anyone’s rights.

or obligations of the Lessor;

The consent of all persons permanently registered in the residential premises was obtained.

2.5. The employer undertakes:

2.5.1. Use the residential premises only for your own residence and residence

persons specified in the contract.

2.5.2. Pay fees for the use of residential premises on time.

premises and maintain it in proper condition.

2.5.4. Treat the property located in the residential premises with care.

2.5.5. Eliminate the consequences of accidents that occurred in residential premises due to the fault of

Employer.

2.5.6. Follow the rules of residence in the house in which the living quarters are located.

2.5.7. Freely allow the Landlord into the residential premises for the purpose of checking it

use in accordance with clause 2.2. actual agreement.

2.5.8. Return the residential premises and property to the Landlord in the same condition as

in which they were leased taking into account natural physical wear and tear.

2.5.9. Before leaving, if you have not yet received your telephone bills, contact

ATS about their amount and leave the Landlord the necessary amount 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 its absence, report it to the relevant competent authorities.

2.6. The Tenant has no right, without prior written consent from the Landlord:

2.6.1. Install equipment in a residential area (strengthening doors, installing

alarms and security systems, etc.).

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

2.6.3. Carry out refurbishment and reconstruction of residential premises.

2.6.4. N has the right to freely use the leased residential premises in

during the entire period of employment together with those specified in clause 1.2. present

agreements between persons.

3. Termination of this agreement

3.1. The employer has the right, with the consent of other citizens permanently residing with him, at any time

time to terminate this agreement with three written notice to the Landlord

3.2. This agreement may be terminated in court upon request.

The lessor in the following cases:

Failure by the Tenant to pay payment more than twice after the expiration date established herein

payment term agreement;

Destruction or damage to the premises by the Tenant or other citizens for actions

which he answers.

3.3. This agreement may be terminated in court at the request of any of

parties to the agreement if the premises cease to be suitable for permanent residence, and

also in case of emergency; in other cases provided for by housing

legislation.

3.4. If, after warning the Tenant about the need to eliminate the violation,

The employer or other citizens for whose actions he is responsible continue

use the premises for other purposes or violate the rights and interests of their neighbors,

The lessor has the right to terminate the rental agreement in court.

3.5. In case of termination of the rental agreement in court, the Tenant and others

citizens living in the premises at the time of termination of the contract are subject to

eviction from the premises.

4. Final provisions

4.1. At the request of the Tenant and other citizens permanently residing with him, and with

consent of the Landlord The Tenant in this agreement may be replaced by one of

adult citizens permanently residing with the Employer.

4.2. In the event of the death of the Tenant or his departure from the premises, the contract continues

act on the same terms, and the Employer becomes one of the citizens, permanently

living with the previous Tenant, by mutual agreement between them. If so

agreement is not reached, all citizens permanently residing in the premises become

co-tenants.

4.3. Upon expiration of this agreement, the Tenant has a preferential right to

conclusion of a rental agreement for a premises for a new term.

4.4. This agreement comes into force from the moment of its signing, concluded in ______

copies.

4.5. Addresses and details of the parties:

Lessor: ___________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

Employer:_____________________________________________________________________

passport: series _______________, number _______________________, issued ______________

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

Signatures of the parties:

Landlord ___________________ Tenant ___________________

Sample lease agreement for an apartment for an individual is not a complex document that can be compiled using a template/sample.

The rental agreement for residential premises specifies the terms of rental, duration of stay, price and payment procedure, and terms of termination.

An Acceptance and Transfer Certificate is drawn up for the lease agreement, which is the basis for the tenant’s responsibility for the premises (apartment, house, room)

Article updated 07/09/2018

Sample apartment rental agreement for an individual download

But first let me give you some recommendations, because they have experience communicating with tenants and landlords of apartments.

The main difficulty of working with tenants is their eviction from the apartment. Yes Yes!

Well, we haven’t moved in yet, but we’re already planning to evict.

Alas, this cannot be ruled out. All of them (tenants) are white and fluffy until the door closes behind the owner.

• So, to avoid problems with eviction, the front door must have two locks. Give the keys to one to the tenants and keep it for yourself, hide the second one or say it’s lost. It is with the second lock that you will be able to close the apartment in the absence of the tenants if they violate the terms of payment or are careless about the apartment.
• Check the reliability of the water taps and electrical outlets, do not skimp on their repair or even replacement. As you know, a stingy person pays twice.
• Do not enter into a long-term contract; set a trial period - three months, for example. Include in the lease agreement the possibility of its extension (extension) subject to the fulfillment of agreements.
• Describe in detail all furniture and household appliances with the names of brands and condition at the time of signing the contract
• If possible, immediately take a photo of the apartment and send it to the tenant’s smartphone. Then, if necessary, you will be able to return to these photos.

It is very important for the tenant to enter into a rental agreement with the owner of the apartment (house, room) or a person who has a notarized power of attorney from him with the authority to sign the lease agreement.
After all, in the real estate market, realtors and even scammers often act on behalf of the owner without a power of attorney.
Therefore, I recommend that you find out exactly who is the owner of this property.

You can get reliable information from Rosreestr.
Public data is available to anyone. State duty - 250 rubles
An extract from the Unified State Register of Real Estate (USRN) can be received by email fairly quickly (from a few minutes - depending on the load on the resource)

Order an extract from the USRN right now
This is a reliable legal service

With an extract from the register, you will be confident in the legality of the lease agreement.
Transfer money for rent by receipt and only to the owner or a legal trustee.

Sample apartment rental agreement with an individual

What points must be taken into account when concluding a contract?

• Enter into an agreement with the person who presented the passport.
• Pay attention to the registration in the passport
• Specify in the contract the persons who will live with the tenant
• Determine rent payment terms that are convenient for the parties to the transaction
• Determine the conditions for checking the condition of the apartment
• Agree whether the rent includes payments for water, electricity and gas
• Be sure to include financial liability for property damage, fire or flood
• Be sure to hand over the apartment according to the Transfer and Acceptance Certificate, because signing the lease agreement does not confirm the fact of moving into the apartment. By the way, the lease agreement and the Transfer and Acceptance Certificate can be dated different dates. But the date of the act must correspond to the actual move-in
• If the list of furniture and household appliances is large, draw up the Apartment Acceptance and Transfer Certificate on a separate sheet.
• Prepare the contract in advance so that you can simply enter the employer’s personal data later

Registration of a lease agreement in Rosreestr

The lease agreement can be registered with Rosreestr.

If it is concluded for more than a year, it is subject to mandatory state registration. The state duty of 350 rubles is paid equally by the parties to the agreement.
The lease agreement can be submitted for registration to Rosreestr through the MFC.

Registration period is no more than 10 days.

Registration of the agreement is carried out at the request of the parties.

By virtue of Part 1 of Article 51 of the Federal Law of July 13, 2015 No. 218-FZ “On State Registration of Real Estate” (hereinafter referred to as Law No. 218-FZ), state registration of the lease of real estate is carried out through state registration of a real estate lease agreement.

Here you can view and download a template of an apartment rental agreement (tenancy of residential premises) for 2018 in a format convenient for you. Remember that you can always get our legal assistance, including filling out this form, by contacting us at the phone numbers listed on the website.

New sample 2019

AGREEMENT

RENTING RESIDENTIAL PREMISES

g. ________g “______” ________________

We, the undersigned:

1. SUBJECT OF THIS AGREEMENT

1.1. The Landlord provides the Tenant with premises consisting of ____ room(s), (in a ______ room apartment) located at ___________________, street ___________________________________ house ____ building ___ fraction ___ building ____ apartment ______ for a fee, for temporary use for residential purposes.

1.2. The premises belong to the Landlord on the basis of:

1.3 . During the entire rental period, the following will live in the apartment together with the Tenant:

__________________________________________________________________________

1.4. The rental period for the specified premises is established from _____ _____________200 ___.

by _____ ____________200___g.

1.5. If the parties agree, the term of the Agreement is extended independently.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES.

2.1. THE RENTER OBLIGES:

• Provide the specified premises to the Tenant from _____ ____________ 200 __.
• Provide the Tenant with free access to the premises;
• Visit the premises no more than once a month, notifying the Tenant at least 24 hours before the intended visit ;
• Protect the Tenant from property and other claims of third parties who also have ownership rights to the rented premises.

The landlord also confirms that the premises are not under arrest, are not collateral or the subject of legal proceedings, and he is its full owner.

2.2. THE HIREER OBLIGES:

• Use this premises only for the purpose specified in clause 1.1.
• Do not sublease the premises and do not transfer the rights of use to third parties, and do not accommodate other persons without the consent of the Landlord;
• Obtain written permission from the “Landlord” to keep animals in the apartment, while the “Tenant” bears full responsibility for damage caused to the apartment by his pets.
• Do not carry out alterations or re-equipment without the written permission of the Landlord;
• Do not install any equipment (replacing locks, lock cylinders, strengthening doors, installing alarms, etc.) without the prior consent of the Landlord.
• Assume full financial responsibility in the event of your absolute guilt for renting or using this residential premises and for all possible consequences of this rental or use, excluding force majeure circumstances arising in accordance with clause 5.2;
• Take full financial responsibility for all property transferred to him and located on the premises, keep it in good condition and clean.
• Comply with fire safety rules;

3. PAYMENTS AND SETTLEMENTS.

3.1. The monthly payment for the use of the premises is _____________________________________

Russian rubles, all calculations are made in Russian rubles.

3.2. In the future, payments will be made monthly, no later than ____ date of each current month.

3.3. At the time of signing this Agreement, the Tenant transferred to the Landlord an amount in the amount of ___________________________ rubles of the Russian Federation

3.4. The rent amount cannot be changed without written agreement of both parties.

3.5. Utility payments are made by____________________.

3.6. Payment for long-distance, international, mobile telephone calls, and other paid telephone services, including the Internet, is paid by _____________________

3.7. The subscription fee for using the telephone line is paid by _______________________

3.7.1. The subscription fee for on-net telephone connections according to the established tariff and invoice (emphasize: Time-based, Combined, Unlimited) is paid by _______________________

3.8. Electricity is paid for by _________________________

4. RESPONSIBILITY OF THE PARTIES.

4.1. In case of early termination of employment and termination of this Agreement, each party is obliged to notify the other party no later than thirty calendar days prior to the date of expected termination of employment.

4.2 . Early termination of employment and termination of this Agreement is possible in cases of violation by the Landlord or Tenant of their obligations under this Agreement.

4.3. In the event of early termination of this Agreement at the initiative of the Lessor, earlier than the specified expiration date, due to his personal, unforeseen circumstances, but subject to compliance by the Lessor with all his obligations specified in clauses 1.4; 2.2; 3.2; 3.7; 3.8; 3.9, The Landlord undertakes to return to the Tenant part of the previously paid payment for the use of the residential premises for the time actually unlived, while the Landlord is obliged to allow the Tenant to live in the apartment for fifteen calendar days in excess of the paid period on a free basis.

4.4. In the event of early termination of this Agreement at the initiative of the Tenant, but subject to compliance by the Landlord with all its obligations specified in clauses 1.4; 2.1; 3.5, advance rent for unlived, prepaid days is not returned to the Tenant.

4.5. For late payment of rent, the Tenant shall pay penalties at the rate of 1% of the overdue amount for each day of delay. In case of delay in payment for more than ten days, the Lessor has the right to terminate the Agreement unilaterally

4.6. The parties mutually checked personal documents and documents confirming the right to dispose of this apartment.

4.7. The Landlord confirms the consent of the persons registered or having the right to dispose of this apartment with the terms of this Agreement, and also that this premises has not been sold, not mortgaged, is not the subject of a legal dispute and is not under arrest.

4.8. The parties confirm that they are familiar with all the terms of this Agreement, fully agree with them and are personally responsible for their compliance.

5. SPECIAL CONDITIONS

5.1. If disputes arise that are not provided for by the terms of this Agreement, the Lessor and the Tenant resolve them independently by mutual agreement or in the manner prescribed by law.

5.2. In the event of force majeure circumstances, namely: the introduction of martial law or a state of emergency, natural disasters, changes in current legislation that make it impossible for the parties to fulfill their obligations under this Agreement or significantly affect their fulfillment, as well as other force majeure, the parties are not liable for the fulfillment of its obligations under this Agreement.

5.3 . Listed in paragraph 1.3. of this Agreement, persons living together with the Tenant bear all obligations for its execution on an equal basis with the Tenant.

5.4. This Agreement is drawn up in ______ copies having equal legal force, one for each of the parties.

6. ADDITIONAL CONDITIONS.

________________________________________________________________________________

Electricity meter readings on the date of entry ________________________________________________________________________________

7. SIGNATURES OF THE PARTIES.