According to the requirements of Art. 674 of the Civil Code of the Russian Federation, the lease agreement for residential premises is drawn up in writing. The information that must necessarily be contained in the contract is established by law, and the practice of civil relations related to the lease of residential premises has developed specific options for its design.
Instructions
Step 1
Begin the execution of the contract by indicating its name: "Contract for the lease (lease) of residential premises." On the line below, indicate the date of drawing up and the place of signing the contract (city, locality).
In the preamble (introductory part), state information about the parties to the agreement: "Citizen - full name, address of residence, year of birth, hereinafter referred to as the" landlord "and the citizen - the same data, hereinafter referred to as" employer "have entered into this agreement on the following …". In this case, for a party - an individual, indicate passport data, and for a legal entity - place of registration and full name.
Step 2
Next, fill out information about the subject of the contract. This will be the section of the agreement of the same name: "The landlord transfers for temporary use for a fee a dwelling located at the address …, which is an apartment."
Step 3
The next section of the contract, as a rule, sets out the rights and obligations of the parties. When determining the rights and obligations of the tenant and the landlord, you can refer to the provisions of Art. 676, 678 of the Civil Code of the Russian Federation. Cite them or make reference to the law. At the same time, you can indicate in the contract additional rights and obligations that seem important to you that are not stipulated in the Civil Code of the Russian Federation, but also do not contradict the meaning of the law (for example, give the opportunity to get acquainted with the state of the premises and documents for it, keep the life support system of the apartment in good working order, compensate material damage, etc.).
Be sure to list in the contract everyone who will live in the rented premises with the tenant (spouse, children, etc.).
Step 4
An important section of the apartment rental agreement is the section "Payment under the agreement". Here you indicate the amount of the rent, the order of its payment (monthly, quarterly, what date the calculation is made, etc.), and also stipulate in the contract the possible financial liability of the employer for late payment, set the amount of the penalty.
Step 5
Now it remains only to decide on the duration of the contract (it cannot last more than 5 years), the procedure for its termination, extension and the method of resolving disputes and disagreements (through negotiations or only through the courts).
The contract is signed by both parties and is drawn up in at least two copies. As a rule, the act of acceptance and delivery of the given object is an integral part of the lease agreement for residential premises.
Issues not specified in the contract are governed by Ch. 35 of the Civil Code of the Russian Federation.
