How to draw up a rental agreement correctly

2024 Author: Malcolm Clapton | [email protected]. Last modified: 2023-12-17 03:44

It is more profitable to rent an apartment directly through the owner, bypassing real estate offices. But then the contract will have to be concluded independently, and this is not an easy matter: you need to take into account many points and details in order to avoid problems in the future and live in peace and confidence. In this article, we will figure out what to look for when drawing up a rental agreement.

Let's make a reservation right away: in this article we will focus specifically on the contract for the commercial lease of residential premises, which is regulated by Chapter 35 of the Civil Code of the Russian Federation and partly by Chapter 5 of the Housing Code of the Russian Federation, that is, renting an apartment by an individual. There is a difference in the law between a lease agreement (which is concluded with an individual) and a lease agreement (which is concluded with a legal entity). However, in ordinary speech, the well-established word "rent" is used. Therefore, in this material for the sake of simplicity, we will use both terms - "rent" and "rent" - as equivalent.

The documents

In no case do not hesitate to ask the owner of the apartment to provide a full package of documents:

• passport;
• a certificate of registration of ownership of the apartment is required;
• additionally: paid receipts for utility bills (to make sure that there are no debts on them) and an extract from the house book about persons registered on the living space.

If the apartment has several owners, then the consent of one of them is not enough, you need to obtain the consent of all. There are three possible scenarios for the development of events:

1. Attach the written consent of all co-owners.
2. One co-owner enters into an agreement with a power of attorney from others.
3. At the conclusion of the contract, all the owners are present in person (then the contract indicates that the apartment is rented out by all the owners at the same time).

Written consent is also required from people who are not the owners, but are registered on the living space. Otherwise, they can claim their rights at any time, and you will have to urgently look for new housing.

Since we are talking about renting an apartment, it means that the tenant is an individual. Therefore, he needs to bring his passport with him. If you are not going to live in an apartment alone, then the passport details of the second (third, fifth) tenant are also required.

Real estate lease agreements are subject to state registration. Except for a contract concluded for less than a year.

Term

An employment contract can be short-term (up to one year) and long-term (from one to five years). If the contract does not say a word about the term, it is considered that it was concluded for a maximum of five years. The main difference between long-term and short-term contracts is the conditions for the eviction of tenants.

Short-term contract

The owner can prescribe a period during which the contract can be terminated by the parties ahead of schedule. If such a period is not specified, he has no right to evict tenants before the expiration of the contract. But at the end of this period, the owner decides for himself whether to continue renting the apartment to the same tenants or to look for others.

Long-term contract

It is much more difficult for the owner to part with the tenants. At the end of the term of the contract, the landlord cannot simply move someone else into the apartment: if he has not notified the tenant of his desire at least three months before the end of the contract, it is considered that the contract is automatically renewed under the old conditions.

If the landlord says that he no longer plans to rent out the property, then the tenants must move out. But in this case, he really cannot rent an apartment for at least a year, otherwise the previous tenants have the right to go to court and demand damages.

Unlike a landlord, a tenant can terminate the contract at any time without giving a reason.

Condition of the apartment and property

Repairs and improvements

The pressing question: who is doing the repairs? Usually the agreement contains the wording that "after the expiration of the tenancy agreement, the tenants undertake to return the premises in the same form in which it was provided." Therefore, the contract should immediately indicate what can be changed in the apartment and what not.

In addition, without the consent of the owner, residents do not have the right to carry out reorganization and reconstruction of living quarters. For example, during repairs, you cannot just take and demolish an interior partition or expand a doorway.

If it is possible to carry out repairs, then be sure to prescribe in the contract how much the rent should be reduced. If there is no indication, it is possible that you will repair everything yourself, and the owner will simply refuse to reimburse your expenses.

All current repairs and expenses on it are on the shoulders of the tenant. He not only maintains order in the apartment, but is also responsible for the safety of property.

Major repairs should be carried out by the landlord, and all expenses are borne by him (unless otherwise stated in the contract). If the landlord does not show interest in major repairs when it is required, then the renter has the right to:

• independently carry out major repairs provided for by the contract or caused by an urgent need, and collect its cost from the lessor;
• demand a corresponding reduction in rent;
• demand termination of the contract and compensation for losses.

When you renovate or buy something new for a rented apartment, in legal terms, you are making improvements. They can be separable and inseparable. For example, if a tenant has installed an air conditioner or a water heater at his own expense (and the landlord did not reduce the rent or refund their cost), he has the right to take them with him.

Inseparable improvements, such as new wallpapers, cannot be taken with you without spoiling the appearance of the apartment. Therefore, the tenant may demand to reimburse their value when the contract expires. But the claim will be satisfied if the contract states that the lessor did not object to this improvement.

Property condition

The landlord is obliged to provide the tenant with the property in good condition. This means that if something prevents you from using the apartment, the landlord must eliminate this reason at his own expense. Even one that he did not even suspect at the time of renting the apartment. For example, you settled in and were surprised to find that all the pipes have long been rotten and it is simply impossible to wash in the shower. The landlord must eliminate this deficiency as soon as possible and absolutely free of charge. If he does not do this, you can either eliminate the cause yourself and demand reimbursement of expenses, or terminate the contract.

Attention: the landlord should eliminate at his own expense only those shortcomings that neither he nor you knew about.

If, when inspecting the apartment, you saw that something was not working there, or you were warned about it in advance, then it is already your right to agree to such a condition or look for a better option.

Also, lawyers recommend, in addition to the contract, to draw up an act of acceptance of the apartment. It prescribes the state of furniture, plumbing, floors, windows and everything else. Subsequently, this will help avoid disputes about the quality of repairs and furniture. Of course, in an apartment with old Soviet furniture and without equipment, you don't have to do this. But the owner, who rents out a house with expensive furniture and appliances, is interested in ensuring that all the property is returned to him in proper condition, so he can even attach photographs of the property and receipts confirming its value. Natural depreciation is, of course, taken into account. But the tenant will have to pay for the broken TV screen.

Pay attention to such a thing as "joint responsibility" if you rent an apartment with someone in a joint effort. If the contract does not provide for a clause on joint and several liability, then all responsibility will be borne by the one who entered into the contract. That is, if your negligent neighbor breaks something, and only you are recorded as responsible in the contract, then you will have to pay.

Rent

The contract defines the procedure, conditions and terms for making the rent. If there are no special instructions about this, then it is considered that they are similar to those usually used when renting such property: in the case of an apartment, this is a fixed amount of payment made every month.

If the landlord asks to immediately pay a payment 2-3 months in advance or a deposit, this must be written in the contract.

The document should also indicate how often and to what extent the landlord can increase the rent. In practice, they usually fix an increase in rent once a year up to 10% of the initial cost. But all this is at the discretion of the parties.

If such a clause is not included in the contract, the landlord still has the right to increase the rent, but this can be done no more than once a year. Moreover, he is obliged to notify the tenant about this in advance in writing. If the new conditions do not suit him, he can withdraw from the contract unilaterally.

The tenant also has the right to demand a reduction in the rent if, due to circumstances beyond his control, the conditions of the rented premises have deteriorated.

Additionally

Talk to the owner about all the details. You will most likely have to meet often. He is worried about his apartment, you are worried about the quality of living, so learn to negotiate and write down all the verbal agreements in the document.

Not often, but an unpleasant situation happens: sometimes the owners like to enter without warning, even in the absence of tenants and several times a month. This is a reason to terminate the contract with reimbursement of the tenant's moving expenses. To avoid such a situation, simply add one line to the agreement about how often the owner may appear at your place, whether it is necessary to warn you about this in advance, and indicate the prohibition of spontaneous visits in your absence.

Find out how the landlord treats guests, animals, and indicate this in the contract.

Only by negotiating and fixing all the details that matter, both parties will be able to live without conflicts and without unnecessary anxiety.

Termination of the contract through the court

We have already said that it is not easy for a landlord to part with a tenant, the type of contract plays an important role. But the tenant has the right to terminate the contract at any time, but with one condition: he must notify the landlord about his desire three months in advance in writing.

But sometimes it is not possible to agree humanly, and for one of the parties there is only one way out - to seek justice through the court and terminate the contract.

At the request of the lessor, the contract may be terminated ahead of schedule by the court in cases where the lessee:

• uses property with a significant violation of the terms of the contract or with repeated violations;
• significantly degrades property;
• fails to pay rent on time more than twice in a row;
• does not carry out major repairs of the property within the terms stipulated in the contract, if, under the contract, major repairs are the responsibility of the lessee.

The landlord can terminate the contract through the court only if he demanded from the tenant in writing to eliminate the violations.

At the request of the lessee, the lease agreement may be terminated early by the court in cases where:

• the lessor does not provide the property or creates obstacles that prevent the full use of the property;
• the property has shortcomings that were not specified by the lessor when concluding the contract, were not known to the tenant in advance and could not be discovered during the inspection of the property;
• the lessor does not carry out major repairs of the property within the period established by the contract or within a reasonable time frame;
• property, due to circumstances beyond the control of the tenant, in a condition unsuitable for use.

Upon termination of the lease, the lessee is obliged to return the property to the lessor in the condition in which he received it, taking into account normal wear and tear or in the condition stipulated by the contract.

In conclusion, let us dwell on two more important points.

If the landlord gives or sells the rented property, this does not terminate the lease. In other words, when a person comes and says: “Move out, I’m selling an apartment,” it is illegal. The change of the owner does not entail the termination of the lease agreement for the dwelling.

If necessary, you can change the tenant (tenant). That is, if the contract is concluded for the husband, and he, for example, leaves for the North Pole on a long business trip, then with his consent, you can change the tenant to his wife. In this case, the contract remains the same, the same conditions, the term continues to flow and is not reset. But this can save you from red tape if any problems arise (for example, if you have to terminate the contract or collect something through the court).