Is The Apartment Rental Agreement Legally Binding?

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Is The Apartment Rental Agreement Legally Binding?
Is The Apartment Rental Agreement Legally Binding?

Video: Is The Apartment Rental Agreement Legally Binding?

Video: Landlord IQ: What's the Difference Between a Rental Agreement and a Lease 2022, December

Like any business, renting out a home has certain risks. But, a correctly drawn up lease agreement is legally binding and can act as evidence in court.

Renting out an apartment under a contract
Renting out an apartment under a contract

Do I need to conclude a rental agreement

  1. Even if you let friends, relatives into your apartment, or handed it over to a very respected person, it is mandatory to draw up a contract. Do not take samples from the Internet, it is better to draw up a contract by hand, indicating all the necessary points, including full information about the leased premises. As proof of the condition of the rented apartment, be sure to take a photo in the presence of the tenant, print it and attach them to the contract. In the contract, make a detailed inventory of the property, for example: leather sofa - 1 piece, ceiling curtains - 4 pieces, gas stove - 1 piece.
  2. The lease does not require certification from a notary. Enough signatures of both parties.
  3. What you need to specify in the lease for it to be legally binding
  4. Monthly rent. Please note that by signing a contract for 10 years, you do not have the right to change the amount of the monthly fee unilaterally. Therefore, do not sign a lease for more than a year.
  5. The term of the lease agreement. Indicate the date of the conclusion and the date of termination of the contract.
  6. List all tenants who will live in the rented apartment, as well as animals. If 20 cats and 10 illegal migrants are brought to you, the neighbors will definitely not be happy about it. This item is required if you do not want strangers to live in your apartment.
  7. Be sure to take a deposit and write down its amount in the contract. Also indicate when the landlord can deduct damage from the bond. For example: broken furniture, damaged door.
  8. Indicate who will pay what utility bills. Usually, the owner pays the entire communal apartment, and the tenant only pays bills for electricity, water, internet, cable and gas.
  9. Indicate in the agreement that all changes, including rearrangement of furniture, renovation work, accommodation of persons not specified in the lease agreement, must be agreed with the owner.
  10. In case of delay in payments, write down penalties, fines and the maximum delay in payment.
  11. Describe the conditions for early termination of the contract and whether the deposit (deposit) will be returned in case of early termination.
  12. Write down who will pay for the current repairs.
  13. Sign the deed of transfer of the dwelling.

When concluding a contract, the owner must have documents of title, as well as an identity document. The tenant must have a passport.

If the terms of the contract are violated

  • The first step is a verbal warning, then the fine stipulated in the lease. But only if the violations committed are not spelled out as reasons for early termination of the contract.
  • Set the date for the check-out.
  • Go to court with a lease agreement if the tenant does not vacate the premises voluntarily.

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