The contract of renting an apartment. Contract of employment. The contract of hiring an apartment is a sample

Many mistakenly believe that it is not so difficult to draw up a contract for hiring an apartment, especially hundreds of options and examples of this agreement can be found on the Internet. However, if we consider this deal in more detail, we can conclude that some difficulties can arise, and if you do not know all the possible nuances of this procedure, then it will be rather difficult to avoid problems and conflicts in the future.

Is it worth using a model contract?

Experienced lawyers note that there can be no model agreement. Moreover, it is impossible to apply any type of employment contract to each specific situation. Typically, use a model agreement is possible only if it is a contract for hiring social housing, but this is a completely separate conversation. As for transactions for hiring apartments (other residential premises), for them only the minimum rules in the Civil and Housing Codes have been established. In this regard, all these transactions are almost exclusively individual. However, there are common similarities for all contracts for hiring apartments and other real estate.

Basic Provisions

It should be noted that the norms of the Civil Code are aimed primarily at protecting the tenant, not the landlord, but nevertheless, the contract for hiring an apartment must protect the interests of both parties, including the landlord. The agreement specifies the actions and consequences in the occurrence of the most typical situations. This is very important in order to be able to resolve the disagreements over a simplified scheme, that is, in a pre-trial order. If the contract is drawn up correctly, there will be no need to go to court, which will eliminate conflicts between the parties to the agreement.

Contract of employment: where to start?

Let's deal with the most important conditions and the moments of the contract of hiring an apartment (another dwelling). First, in this document, all the requisites of the parties should be prescribed. This is just such a case that there is no superfluous data. Specify the addresses, contact numbers, you can attach to the agreement photocopies of the passport and other documents.

The tenant should study the documents for the apartment well and must demand to show a certificate of registration of ownership of the apartment. The contract for renting an apartment must be personally signed by its owner. All data stated in the contract must coincide with the information specified in the passport.

If there are several homeowners who rent, then the contract is signed by all these persons. If the agreement is planned to be signed by only one owner, then it must have a notarized power of attorney. Information on such a document should be entered in the contract.

Subject matter and terms of the agreement

In the contract of employment the subject is necessarily registered. In our case, the subject, of course, will be a rented apartment. The Civil Code also states that the contract for hiring an apartment can be short-term (up to 1 year) and long-term (from 1 to 5 years). Even if the landlord plans to rent it for a long time, it is better to conclude an agreement for a year, after the expiry of this term it can be extended.

Price of issue

The agreement must set the price. It should also be noted that many make mistakes at this point. All prescribe the price for rental housing, but do not mention the payment of utilities. In this regard, each of the parties can begin to interpret it in their own way. As a rule, the monthly amount for renting an apartment should already include the payment for water, electricity, gas, telephone, Internet, etc. However, you can prescribe this article of payments separately, because the cost of these services depends only on the needs of the employer.

The contract of hiring a dwelling, apartment, house must also contain a clause about the date of a monthly payment. As a rule, this amount is paid in advance, a month in advance. The settlement period is most often determined from the moment of occupancy of the tenants. However, for convenience, you can set and another date, every first day of the month for example.

Price change

Quite often, in hiring agreements, an item is made about the possibility of price changes. In this case, you should set a period within which the amount can be adjusted, and determine the order of its change. Naturally, almost always it is about increasing the cost, so always pay close attention to this item.

Termination of the contract

To break the contract of hiring an apartment ahead of schedule, its owner will not be able to. In connection with this, it is not necessary to include such an item in the agreement, since it will not have legal force. At the same time, failure to comply with the obligations stated in the contract (damage to property, lack of payment for an apartment, etc.) on the part of the employer gives the lender the right to demand the termination of the transaction.

It is also worth entering into the contract of hiring an item on the procedure for amending this document, on the responsibility of the parties, on settling claims that have arisen on the part of both the owner of the housing and the employer.

Attachments to the contract

In general, for a basis it is possible to take a standard contract of hiring an apartment. The form of such an agreement must necessarily contain all the necessary provisions that are required under the Civil Code. But at the same time you will need to make an annex to the contract with information about the tenants who will live with the employer. In such an application, their rights and obligations, passport data should be indicated .

In addition, an act of acceptance must be attached to the agreement . This document confirms that the ownership rights and responsibility for housing have passed from the owner to the tenant. Such an act is the basis for returning to the employer the amount of the pledge that is paid upon arrival in the apartment.

Differences in hiring and renting

It should be noted that the contract of employment and the lease are different types of transactions. They, in particular, differ in their subject composition and in the type of premises. So, the lease agreement is made out in cases when non-residential premises are paid for a fee. It is also used when housing is transferred to a legal entity for temporary use. If residential real estate is rented to some firm, then it is necessary to conclude not a contract of commercial renting an apartment, but an apartment lease contract. If the dwelling is transferred for use to a citizen, then only the contract of employment is concluded.

These features must be taken into account. Very often in a contract for hiring a home, the parties refer to themselves as the "lessor" and "tenant", which is fundamentally wrong. If the agreement is concluded by individuals, then the parties to the contract can only be the landlord and the tenant.

Sample of the contract of employment

In this article we have covered the basic rules that exist with regard to the contract of hiring of housing. Each case is individual, and in any agreement it is necessary to add various conditions that specify your situation and do not contradict the legislation. You, in principle, can take an exemplary form and draw up a contract for hiring an apartment on the basis of it. The sample will become only a crib, but not a ready-made agreement, which can be simply printed and quickly signed. It can only be a base, on the basis of which you will draft your version of the contract taking into account the peculiarities of your case. Such a transaction is a very serious thing, and, of course, it can not be written on one page.

Very often, the tenant and the owner of the dwelling do not draw up the contract in writing, thereby making a serious mistake. Without agreement, problems can arise both with tenants and with the landlord, because they remain completely legally unprotected. Lodgers, for example, can spoil a recently renovated room, take out furniture or other things, and for this to hold them accountable without a contract will be difficult. Employers can also suffer greatly. For example, the landlord may unreasonably demand to vacate the apartment or suddenly raise the payment for housing. Only a signed agreement can secure both parties to the transaction. If you have a well-written agreement, you can even settle conflicts without resorting to court, which is always in the hands of both the landlord and the tenants.

It is also important to note that the contract of hiring a cottage or a house is very similar to the contract of hiring an apartment. The difference, as a rule, consists only in the fact that around the individual structure there is a land that can or does not pass to the temporary use of the employer.