Renting out or renting apartments is a fairly popular type of civil transactions. But incorrect execution of contracts and the lack of the necessary documents significantly increase the risk of concluding such transactions for both apartment owners and tenants.
In accordance with Article 671 of the Civil Code of the Russian Federation, if the parties to the transaction are individuals, a lease agreement is drawn up, but if at least one of the participants is a legal entity, it will be necessary to execute the transaction with a lease agreement. The necessity of drawing up a contract does not require proof. This document must be drawn up so that both the landlord and the employer can at any time protect their interests in the event of controversial issues, as it happens quite often. According to Part 2 of Article 683 of the Civil Code of the Russian Federation, an agreement concluded for a period of less than 1 year may not be registered with the Rosreestr authorities, but if the transaction is long-term, it will be necessary to issue its state registration without fail.
Before concluding the contract, the landlord must submit a document confirming his rights to the apartment and the conclusion of the rental contract, as well as a document proving his identity. The lease agreement is drawn up in a simple written form and does not require notarization, but it must contain essential conditions, without which the transaction will be declared null and void by any court. For a lease or lease agreement, such conditions are the indication of the parties to the transaction, the object of lease and the payment for the lease of the dwelling. The lease term refers to secondary conditions and in the case when it is not specified in the text of the contract, the transaction is considered concluded for a period not exceeding 5 years.
As an annex to the lease agreement, it is necessary to draw up an act of acceptance and transfer of the apartment. This must be done without fail, since such a document will protect the material interests of both the owner of the apartment and the tenant. In this act, it is necessary to describe with the maximum degree of detail not only the technical condition of all rented premises, but also pieces of furniture, interior, household appliances. It is convenient to arrange the list in the form of a table. The deed must be signed by both parties indicating the date of signing.
If the employment contract is long-term, issue a certificate of its state registration. To do this, the Rosreestr authorities will need to submit an application, a receipt for payment of the state duty, three copies of the contract, copies of the documents confirming the identity of the landlord and tenant, and a cadastral passport for the apartment.