How to make a rental agreement
Tips / / December 19, 2019
Just make a reservation: in this article we will focus precisely on the contract of commercial hiring of premises, which is governed by Chapter 35 of the Civil Code and partially Chapter 5 of the Housing CodeThat is hiring an individual apartment. In the law there is a difference between hiring contract (which is a natural person) and lease (which is a legal entity). However, in ordinary speech the word is used well-established "rent". Therefore, in the material for the sake of simplicity, we will use both terms - "hiring" and "rent" - as equivalent.
In no case do not hesitate to ask the landlord to provide a full package of documents:
- the passport;
- necessarily a certificate of registration of property rights to the apartment;
- Optional: paid receipts for utility payments (to make sure that it has no debt) and an extract from the house of the people registered on the housing.
If the owners of the apartment a few, the consent of one of them is not enough, you need to obtain the consent of all. Perhaps three scenarios:
- Attach a written consent of all co-owners.
- One co-owner enters into a contract with a power of attorney from the other.
- At the conclusion of the contract all the owners are present in person (if the contract states that the apartment is for rent at the same time all of the owners).
From people who are not owners, but registered in the housing, as required written consent. Otherwise, they can assert their rights at any time, and you will have to urgently look for new housing.
Since we are talking about hiring an apartment, then the employer - an individual. Therefore, it is necessary to bring a passport. If you are going to live in an apartment more than one, then the passport data of the second (third, fifth), the tenant is also required.
The contract of lease of immovable property subject to state registration. Except for the agreement concluded in less than a year.
The contract of employment can be short-term (up to one year) and long-term (from one to five years). If the contract on the period is not a word, it is believed that he was imprisoned for a maximum period of five years. The main difference between long-term and short-term contracts - the conditions of eviction.
The owner may prescribe a period during which the contract may be terminated by the parties in advance. If such a period is not specified, it does not have the right to evict tenants before the expiry of the contract. But at the end of this period, the owner already decides to continue to take an apartment with the same tenants or seek others.
To part with tenants to the owner much more difficult. Upon expiry of the contract the landlord can not simply settle into an apartment for someone else if he was not notified of his desired tenant not less than three months before the end of the contract, it is believed that the contract is automatically extended for the old conditions.
If the landlord says that he no longer plans to hand over property, the tenants must move out. But in this case he really can not take the apartment at least a year, otherwise the previous tenants have the right to go to court and demand compensation for damages.
In contrast to the landlord, the tenant may terminate the contract at any time without explanation.
Condition of the apartment and property
Repairs and improvements
Burning question: who makes the repairs? Usually the contract is the formulation that "after the expiry of the lease contract the tenants are obliged to return the premises in the same form in which it was granted." Therefore, the contract should be immediately indicate that you can change in an apartment and what is not.
In addition, without the consent of the owner of the tenants have no right to reconstruction and renovation of premises. For example, the repair can not just take and demolish interior walls and expand the doorway.
If the repair can be carried out, the contract is required to prescribe, how much should be reduced rents. If the indication is not, a situation may occur that you yourself will repair everything, and the owner simply refuse to reimburse your expenses.
All repairs and spending on it - on the shoulders of the tenant. It not only maintains order in the apartment, but also is responsible for the safety of property.
Overhaul of the landlord should do, and all expenses borne by him (unless otherwise specified in the contract). If the landlord does not show interest in overhaul when it is required, removing property has the right to:
- independently perform overhaul, stipulated by the contract or caused by urgent necessity, and with the lessor to recover the cost;
- require a corresponding reduction of rent;
- to demand cancellation of the contract and damages.
When you are doing repairs or buy something new in a removable apartment, legally speaking, you make improvements. They may be separable and inseparable. For example, if the tenant at his own expense set the air conditioner or heater (and the landlord did not reduce the rent and does not cover their cost), it is entitled to take them with him.
Leasehold improvements, such as new wallpaper, with no zaberosh without spoiling the appearance of the apartment. Therefore, the lessee may require reimbursement of their value when the term of the contract expires. But the requirement is satisfied in the case, if the contract specifies that the landlord did not object to this improvement.
condition of property
The landlord must give the tenant a property in good condition. This means that if something prevents you to use the apartment, the landlord must fix this cause their own expense. Even the one about which he did not know at the time of delivery of the apartment. For example, you moved in and were surprised to find that all the pipes have long rotted and wash in the shower is simply impossible. The landlord must fill this gap as soon as possible and absolutely free of charge. If it does not, you can either remove the cause of their own and to demand reimbursement or to terminate the contract.
Warning: the landlord must fix their own expense only those disadvantages that neither he nor you know.
If the inspection of apartment you see that there is something not working, or you have been warned about this in advance, you have your right - to agree to such a condition or look for a better option.
Also, lawyers recommend that in addition to the agreement to make the act of reception apartments. As it is prescribed condition of furniture, plumbing, floors, windows, and other things. Subsequently, this will help avoid disputes about the quality of repair and furniture. Of course, in the apartment of the old Soviet furniture and equipment without this you can not do. But the owner, the dealer accommodation with expensive furniture and appliances, is interested in the fact that all the property back to it in good condition, so it can even attach photos of the property and checks confirming his cost. Natural attenuation, of course, taken into account. But for the broken TV screen the tenant will have to pay.
Pay attention to such a thing as a "shared responsibility", if you rent an apartment with someone in clubbing. If the contract does not provide for joint and several liability clause, the entire responsibility will be borne by the one who concluded the contract. That is if your careless neighbor that something will break, and the contract charge recorded only you, and then have to pay for you.
The contract provides for the constitution, the terms and conditions of rental payment. If specific instructions about that no, it is assumed that they are similar to those commonly used when renting a similar property: in the case of the apartment is a solid amount of the payment made each month.
If the landlord asks immediately to make payment for 2-3 months in advance or pledge, in the contract it is required to register.
The document also should indicate how often and to what extent the landlord can raise the fee. In practice, usually fixed rent increases every year up to 10% of the initial value. But all this is at the discretion of the parties.
If the contract is not such a clause is included, the landlord still has the right to raise the rent, but it can be done only once a year. Moreover, he must notify the tenant in advance in writing. If the new conditions was not satisfied, he can cancel the contract unilaterally.
The lessee also has the right to demand a reduction in the rent, if due to circumstances beyond its control, the conditions of the leased premises deteriorated.
Talk to the owner about all the details. You will likely have to meet frequently. He worried about his apartment, you worry about the quality of accommodation, so learn to negotiate and put this all oral agreement in the document.
Rare, but it happens unpleasant situation: sometimes the owners like to go without warning, even in the absence of residents and several times a month. This is cause for termination of the contract with compensation of tenant relocation expenses. To avoid this, simply add one line to the agreement on how often the owner may have to appear, whether to warn you about it in advance is necessary, and specify the prohibition of spontaneous visits to your no.
Learn how the landlord applies to the guests, to the animal, and indicate this in the contract.
Only negotiating and fixing all the details that matter, both sides will be able to live without conflict and without too much concern.
Termination of the contract in court
We have already talked about the fact that the lessor is not easy to part with the tenant, the important role played by type of contract. But the employer is entitled to terminate the contract at any time, but with one condition: he must notify the landlord of his desire for the three months in writing.
But sometimes agree humanly impossible, and to one side there is only one way out - to seek justice through the courts, and to terminate the contract.
At the request of the lessor contract may be prematurely terminated by the court in cases where the tenant:
- It uses the property to a material breach of contract, or with repeated violations;
- significantly worsens the property;
- more than two times in a row does not pay the rent on time;
- not overhaul of the property within the time stipulated in the contract, if the contract overhaul is the responsibility of the tenant.
The landlord can terminate the agreement in court, only if it is in writing require the tenant to eliminate the violations.
At the request of the tenant lease contract may be prematurely terminated by the court in cases where:
- the landlord does not provide goods or creates obstacles to use the property in full;
- property has flaws that were not stipulated by the landlord in the contract, were not previously known to the tenant and could not be detected during the inspection of the property;
- the landlord does not make major repairs to the property specified in the contract or a reasonable time;
- property due to circumstances beyond the control of the tenant in a condition unsuitable for use.
Upon termination of the lease the tenant obliged to return the property to the lessor in the same condition in which it received, taking into account normal wear and tear or in the condition stipulated by the contract.
In conclusion, we consider another two important points.
If the landlord gives or sells the property leased, the lease it stops. In other words, when a person comes in and says, "to move out, I sell an apartment," - is illegal. change of ownership does not entail termination of the contract of renting living quarters.
If necessary, you can change the hirer (tenant). That is, if the contract is concluded for a husband, and he, for example, goes to the North Pole on a long trip, you can change the tenant at his wife with his consent. In this case, the contract remains the same, the same conditions, the term continues to flow and can not be reset. But it can get rid of the red tape, if there are any problems (for example, if you have to cancel a contract or something to collect through the courts).