Is A Written Contract Valid When Renting An Apartment

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Is A Written Contract Valid When Renting An Apartment
Is A Written Contract Valid When Renting An Apartment

Video: Is A Written Contract Valid When Renting An Apartment

Video: Is A Written Contract Valid When Renting An Apartment
Video: Renting an apartment 2024, November
Anonim

The basics of legal literacy are gradually being mastered by Russians, having faced themselves or convinced of the need for this from the experience of their friends and acquaintances. Gradually, people begin to get used to the fact that any transaction, especially those related to real estate, must be properly executed. A written agreement is a guarantee of such transactions.

Is a written contract valid when renting an apartment
Is a written contract valid when renting an apartment

Forms of property lease agreements

Residential premises can be rented in the form of a lease agreement or a lease agreement. In the first case, chapter 34 of the Civil Code of the Russian Federation applies, in the second - chapter 35. In the case of a lease, the owner-lessor provides the lessee with the property for temporary possession and use or only for temporary use. When it comes to renting, in accordance with clause 1 of Article 671 of the Civil Code of the Russian Federation, the landlord for a fee provides the tenant with housing that is in his ownership, for possession and use for living in it.

If an apartment is rented by a legal entity, then in this case only a lease agreement can be concluded, and the apartment will have only one purpose - residence, an individual concludes a lease agreement. When a legal entity wants to rent an apartment, lease agreements are concluded in the overwhelming majority of cases, but when the tenant is an ordinary citizen, written obligations are drawn up correctly in very rare cases.

You should not refuse to conclude a lease agreement when your friends or relatives are the owners of the rented apartment. In the future, this can help to avoid trouble.

How to draw up and conclude an employment contract correctly

The lease agreement does not require notarization, but if you draw it up yourself, so that it has legal force, you need to draw it up correctly. Firstly, name this document the "Contract for the lease of living quarters", and secondly, clearly write down in it such conditions as the established amount of payment, the timing of its payment and the methods of transferring funds.

Keep in mind that if the contract is concluded in the presence of a notary, the transaction will be safer, since he will certainly check the title documents of the owner of the apartment and how much he has the right to single-handedly dispose of it.

When giving the rent to the owner in the hands of the owner, be sure to take from him a receipt for receiving not just some amount, but the next monthly payment in full.

The amount of payment is established by agreement of the parties, the agreement should include a clause that it cannot be changed unilaterally. In the event that the term of payment is not stipulated, it must be made every month. The term for concluding a contract, in the event that it is not indicated in this document, is assumed to be 5 years. The conclusion of such an agreement is beneficial for both the landlord and the tenant, properly executed, it is a legal document that protects the rights of both.

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