Renting an apartment, or, more correctly, renting a residential space, is one of the most developing areas of the real estate market. Today, tenants are increasingly resorting to the legal lease of the premises they own. In this regard, it becomes necessary to draw up a lease agreement. The relationship between the owner and the tenant, as well as the procedure for drawing up a contract for the lease of residential premises, are governed by Chapter 35 of the Civil Code of the Russian Federation "Rent of residential premises".
How to draw up a lease agreement for an apartment
Residential lease agreement - a bilateral agreement concluded between the owner of the home or a person authorized by him and the tenant of the home - an individual who wants to rent this residential space for living in it for a specified fee and for a specified period
The lease agreement regulates the relationship between the employer and the lessor. Such an agreement can be drawn up in a simple written form; state registration or its notarization is not required.
The lease agreement, depending on the term, can be divided into two types: short-term and long-term. A short-term contract is concluded for a period not exceeding 1 year, and a long-term one - 5 years. Contracts that do not indicate the expiration date are considered concluded for 5 years.
Contents of the lease agreement
Like any civil law contract, the lease contains a list of mandatory conditions: the subject of the contract, participants, rights and obligations of the parties, validity period. The main obligations of the landlord when renting out a dwelling:
- under the lease agreement, the lessor undertakes to provide the tenant with free and suitable housing;
- the landlord undertakes to comply with the operating conditions of the residential building in which the rented apartment is located;
- the lessor undertakes to provide the necessary utilities for a specified fee;
- the landlord undertakes to carry out general repairs of the house and its devices to ensure the full consumption of utilities.
Obligations of the tenant:
- the tenant is obliged to ensure the safety of the dwelling and other property located in it;
- the tenant undertakes to pay the payment for accommodation and use of the living quarters within the established time frame;
- the lessee undertakes to pay in full the cost of the consumed utilities;
- the living quarters must be used for the living of the number of people specified in the contract;
- the reconstruction of the rented premises is carried out only with the consent of the lessor;
- the tenant undertakes to maintain the original condition of the dwelling.
If desired, all agreements reached by the parties can be recorded in the contract. The more thoroughly and in more detail the rights and obligations of the parties are spelled out, the easier it will be to resolve the disputes and conflicts that have arisen.
In order to avoid unpleasant moments, additional points should be added to the apartment rental agreement: the amount of rent, the procedure and terms of its payment, the number of people living in the apartment, fines for violation of the contract, the presence and amount of a security deposit, terms and procedure for paying for utilities, time for owner visits, conditions for early termination of the contract.
The lease agreement must necessarily contain the passport data of both parties to the agreement, the address of the rented premises and the bottom documents confirming the ownership of the apartment.
A properly executed apartment rental agreement ensures that the interests of both parties are respected, gives certain guarantees, and establishes mutual responsibility.