Lease agreement for short-term rental of residential premises: Download Form and sample

Who most often rents short-term housing?

Most often, residential premises are rented for a short period of time by people who come on a business trip from another city . The organization where they work can conclude a contract for them. You can learn more about renting an apartment on a business trip from this material.

Families with children who come from another city on an excursion also often rent an apartment for a short period of time, and for them the question of how to rent it correctly, that is, without being deceived, is very important.

Citizens who come to work, for example, in the capital, most often rent housing under such conditions, and knowledge of the rules for renting an apartment on a daily basis is an urgent need for them.

At what age can you rent an apartment daily?

REFERENCE! According to Article 26 of the Civil Code of the Russian Federation, children aged 14 to 18 years can enter into transactions only with the written permission of their legal representatives (parents, adoptive parents, guardians).

According to the legislation of the Russian Federation, written consent does not require certification by a notary office. At the same time, the personal presence of legal representatives at the transaction is also not mandatory. Parents can draw up a document by handwriting it in any form. Thus, you can only rent an apartment independently and without written consent if you are 18 years old.

However, the exception is marriage entered into by children before they reach adulthood. In such a situation, the citizen is fully capable and has every right to enter into any agreements independently (Article 21 of the Civil Code of the Russian Federation).

Algorithm of actions

What should you pay attention to first?

When choosing housing, you need to not only rely on positive stories and a smiling landlord, but also pay attention to other points. A very important point is checking documents. It is very dangerous to fall into the hands of scammers who, under the guise of owners, may offer other people's apartments.

So, important points:

It is important to check the owner by asking leading questions during the inspection. For example, you can ask about infrastructure. If the owner begins to avoid answering, then this gives reason to think. You also need to ask the landlord for passport details and documents for the apartment. Typically, such a document is a registration certificate.
You should definitely pay attention to the reason why the former tenants moved out. If they found a more suitable option, then that's good. The main thing is that the owner does not end up being a brawler.
It is very important that there are no debts on utility bills. Otherwise, the power may be cut off.
Look at the view from the window and the surrounding area. If there is a nightclub or other similar establishments opposite, then it is unlikely that it will be peaceful to live in such an apartment, and especially to sleep at night.
If possible, you need to look at the people who live in neighboring apartments. If the people are suspicious (alcoholics, drug addicts and the like), then you should refuse such an apartment.
If there is an automatic air freshener hanging at the entrance to the room, this may indicate an unpleasant odor. Turn off the air freshener and smell the natural scent. Owners often mask unpleasant odors from sewerage, dampness, and other things.
If the windows of the apartment have old double-glazed windows and there are cracks, then most likely it will be very cold in such a room when frost sets in.
Open the water tap and see what the pressure is. High floors usually have water problems.
If the apartment is corner, then it is important to look at the joints. They must be dry. In rain or sleet, such joints can become damp and moldy.
If there are traces of chalk behind the pipes, on the floor or baseboard, then there is a possibility that unpleasant insects live in the apartment.
You should not agree to a deal if the landlord does not want to enter into an agreement.
It's worth paying attention to the price. For the average level of payment (for a particular region), the apartment should be suitable for living. The living space must be equipped with proper sewerage, electricity, heating, hot and cold water.

You can find out more about how to rent an apartment without getting scammed here.

What questions should you ask the owner?

Questions regarding payment.
Payment period.
Questions regarding the renovation of the premises.
Hiring terms.
Questions regarding the number of owners of the property being rented out.
Availability of furniture, household appliances and other property.
Conditions in the apartment.

What documents need to be completed?

REFERENCE! A well-drafted rental agreement guarantees a safe rental of housing. The agreement is between the landlord and the tenant. The document has legal force and protects the rights of both parties in court.

It is better not to enter into an agreement if there are doubts about the legality of the transaction on the part of the lessor.

Agreement requirements

The contract must contain the following information:

Lessor's personal information and contact details (telephone numbers).
Personal information of the tenant and his contact information.
Information from identification documents of both parties.
Period for renting out the apartment (exact dates are indicated).
The amount of payment for the month of residence and the date of its collection.
Payment transfer procedure.
A separate paragraph indicates information about who will pay utility bills and when.
Information about fines and penalties that may be levied on parties to a transaction if a violation of the terms of the concluded agreement is detected.
The owner must indicate in the agreement that the living space is transferred exclusively for living. Use for commercial purposes is strictly prohibited.
Procedure for terminating the agreement.
The procedure for resolving disputes.
Rights and obligations of the parties to the transaction.
The date of the transaction.
Signatures of both parties and transcript.

Watch a video about what information a short-term rental agreement should contain:

Design rules

According to Article 673 of the Civil Code of the Russian Federation, a rental agreement is concluded in writing between the owner (owner of the property) and an individual (tenant).
There is no need to register the agreement at a notary office.
Mandatory items are: personal data of the parties, characteristics of the property being rented, including area, amount of payment, as well as the rights and obligations of the parties.
For the safety of the transferred property (furniture, household appliances, etc.), it is necessary to draw up a transfer deed with a detailed description of each item.

Watch a video about how to correctly draw up a short-term rental agreement for residential premises:

What to consider when making a conclusion?

Unlike long-term contracts, which can be extended for up to five years, a short-term contract expires. In this case, the date of termination of the relationship is the number indicated in the agreement .

Early termination of the agreement is also allowed:

By agreement of the parties.
If the residential premises in fact do not correspond to the description in the agreement.
In case of violations of the use of housing.
If the tenant does not pay for accommodation for more than two months.
In case of any violation of the terms of the contract.
In case of damage, theft of property and other dishonest actions of the tenant.

IMPORTANT! Points under which early termination may be permitted are also stipulated and must be spelled out in the contract.

Main points of the contract

The document regulating the procedure for renting out housing has certain requirements. Since the hiring rules in the contract are the result of an agreement, it is possible to include other parameters that are important for a particular transaction in the standard template. The essential terms of the contract include provisions specified by law as mandatory, as well as points that are important to establish by agreement of the parties.

Download the Residential Tenancy Agreement. Sample (47.0 KiB, 18,293 hits)

Apartment rental agreement. Form (74.5 KiB, 14,444 hits)

Standard form for a short-term rental agreement for residential premises (74.9 KiB, 6,360 hits)

The subject of the agreement determines the data that makes it possible to identify the real estate planned for transfer to the tenant.

According to paragraph 1 of Art. 673 of civil legislation, the subject of the contract can be: a room, a house, an apartment, an isolated premises that meets the characteristics of a residential property in accordance with the Housing Code of the Russian Federation.

In the absence of information about a specific property, it is impossible to establish the subject of the agreement that has arisen, which allows the document to be considered invalid.

Additional conditions imply their deliberate acceptance by the parties as an integral part of the contract, automatically established by legislative acts. No additional conditions are required.

These items include the following provisions:

Obligations to pay for the occupied living space on the terms established by the parties. Unless otherwise defined in the text, the tenant is required to pay utility bills.
The validity period of the document determines the period during which the agreements of the parties will be valid. Since the maximum term of such an agreement is limited to 5 years, in the absence of other instructions, the housing is transferred to the tenant for a 5-year period. The daily rental agreement specifies the specific date and hour of the beginning and end of the operation of the housing.
Determination of persons who are allowed to live in the rented premises, except for the tenant himself. If there is no indication of permission for other citizens to live in a given living space, move-in is carried out in accordance with the procedure established by law.
The tenant undertakes to maintain the housing in proper condition and carry out routine repairs, however, other conditions may be specified in the clauses of the agreement.
The owner is obliged to carry out major repairs at his own expense, but the law does not prohibit the inclusion of other agreements in the contract.
The amount of payment for rented housing is the subject of an agreement and is determined by mutual agreement of the parties within the limits permitted by law.
It is permissible to transfer the rented premises to a subtenant if the owner agrees with the terms of the transaction. At the same time, it is established that the subtenant has no rights to independently use housing. According to the signed document, the employer remains responsible for fulfilling the terms of employment.

To eliminate misunderstandings and subsequent claims regarding the condition of the transferred object when renting for a day or more, signing an acceptance certificate, which records all the essential characteristics of the object.

The tenant is obliged to return the property to the owner in the same condition, including items that were transferred along with the living space. Damage to property by the tenant gives the right to demand compensation.

Features of the agreement

A short-term contract is concluded for a period of no more than 11 months (Article 683 of the Civil Code of the Russian Federation).
The employer does not have the right to further continue the contractual relationship after the end of the contract. This means that the landlord is not obliged to offer the tenant to renew the agreement (Article 683 of the Civil Code of the Russian Federation).
There is no provision for moving any temporary residents into the apartment, even for a limited period.
If a tenant dies or if he wants to move out of the apartment, relatives or cohabitants cannot replace him and live in this residential premises. All persons are required to leave the apartment with the tenant.
If violations of the terms of the contract, damage to property or non-payment are detected, the owner does not need to give the tenant time to eliminate them. When going to court, the owner of the property can easily evict the tenants in a short time.

Short-term rental agreements are not subject to registration (Article 674 of the Civil Code of the Russian Federation).

Our experts have prepared other interesting and useful materials on the topic of hiring real estate:

What is a rental agreement for specialized residential premises and how to draw it up?
Nuances and sample of filling out a commercial rental agreement for residential premises.
Legal nuances of apartment rental payments: sample schedule, necessary documents and general rules.
Legal subtleties of processing fees under a rental agreement.
What documents must the landlord have and what are his rights?
What is social hiring?

Short-term (daily) rental agreement for an apartment. Sample

Document text

AGREEMENT FOR SHORT-TERM RENTAL OF RESIDENTIAL PREMISES
_________________________________________________________, hereinafter the Tenant, and __________________________________________________________, hereinafter the Landlord, collectively hereinafter referred to as the Parties, have entered into an agreement as follows:

1. SUBJECT OF THE AGREEMENT 1.1. The Landlord provides and the Tenant accepts for temporary use, for a fee, residential premises located at the address:___________________________ _____________________________________________________________________________________

2. CALCULATION PROCEDURE Hiring period from “___” _____________ 20__. by "___" _____________ 20__ 2.1. Payment for accommodation is made by the Tenant in a lump sum upon check-in or by transfer to the Landlord's bank account one day before the check-in date. 2.2. Cost ___________ rubles/day, total ________________________________ rubles. (amount in words) 2.3. An advance payment of ________________________________________ rubles was made. (Suma in cuirsive)

3. RIGHTS AND OBLIGATIONS OF THE PARTIES 3.1. The employer is obliged: 3.1.1. Use the residential premises only for residential purposes, 3.1.2. Follow the rules for using the residential premises and keep the premises in order. 3.1.3. The tenant guarantees the safety of the premises and the property, equipment, furniture, and floor coverings located in it. 3.1.4. The Tenant is obliged to compensate the Landlord for losses caused in the event of damage to the residential premises or transferred property, equipment, furniture, and floor coverings. 3.1.5. The Tenant is responsible to the Lessor for the actions of people living with him or members of his family who violate the terms of this Agreement. 3.1.6. The time of move-in and check-out are specified additionally at the time of conclusion of this Agreement 3.1.7. The Landlord has the right to inspect the rented residential premises and property for safety and sanitary condition, having previously notified and agreed upon the time of the visit with the Tenant.

4. TERMINATION OF THE AGREEMENT 4.1. After payment is made, the contract is considered valid for the period specified in the contract. 4.2. The parties are obliged to notify the other party of termination of the contract 1 day before the Tenant's eviction date. 4.3. In the event of termination of the contract at the initiative of the Tenant after the period specified in clause 4.2., the advance payment in the amount of the cost of one day of accommodation is not returned. 4.4. At the request of the Landlord, this Lease Agreement may be terminated early in cases where the Tenant: - uses the premises with a significant violation of the terms of the Agreement or the conditions of use of the premises, or repeated violations; significantly worsens the condition of the Landlord’s residential premises or property. 4.5. At the request of the Tenant, the Lease Agreement may be terminated early in cases where: - the Landlord creates obstacles to the use of residential premises and property in accordance with the terms of the Agreement; The residential premises transferred to the Tenant have disadvantages that prevent their use, which were not specified by the Landlord when concluding the Agreement. 4.6. The Agreement may be terminated by the Parties if during its validity there is a significant change in the circumstances from which the Parties proceeded when concluding the Agreement.

5. LIABILITY OF THE PARTIES UNDER THE AGREEMENT 5.1. Responsibility for failure to fulfill obligations under this agreement arises in accordance with the Agreement and the current legislation of the Russian Federation 5.2. All disagreements regarding the main terms of the contract are resolved either by joint settlement or by going to court. 5.3. In case of non-fulfillment or improper fulfillment of the terms of the contract, the guilty party compensates the injured party for the losses that it suffered. 5.4. The parties are not liable in the event of force majeure circumstances.

6. FINAL PROVISIONS 6.1. The parties exercise their rights and obligations in accordance with this Agreement and the legislation of the Russian Federation. 6.2. In the event of a disagreement between the parties between the Tenant and the Landlord regarding the subject of the agreement, the parties will make every effort to resolve them through negotiations.

Landlord ___________________________ Tenant _____________________________

Is it possible to get by with a verbal agreement?

ATTENTION! Renting an apartment without concluding an appropriate contract is possible, but not advisable. This is due to the fact that both parties will not know their rights and obligations, and therefore will not be able to resolve disputes in court.

The agreement, as well as the deed of transfer (an inventory of the property and contents of the apartment) allows both parties to avoid any disagreements in the future and protect their rights in court. After all, according to the rental agreement, the tenant undertakes to return the apartment at the end of the agreement in the form in which he moved into it.

To summarize, it can be noted that a short-term rental agreement is most beneficial to the owner of a residential premises. Such a contract significantly limits the rights of the tenant and facilitates the procedure for his eviction.

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Standard form of a residential tenancy agreement: download the completed sample in Word for free

People enter into most agreements in words, without documenting them. But some transactions are better drawn up on paper certified by the signatures of the parties.

These include the transfer of one's own real estate for use to a stranger. To avoid problems in the future, it is better to formalize such an agreement in writing.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, please use the online consultant form on the right or call. It's fast and free!

What is an apartment rental agreement?

A rental agreement is a document confirming the transfer of private property (house, apartment or room) to third parties for temporary residence and for a certain fee.
The transaction is concluded between the owner of the property (landlord) and the person renting the property (tenant). Simply put, the owner of a residential property rents it out to a tenant for a specified period of time and for a specific payment. After concluding a rental agreement, the tenant’s family members specified in the document also have the right to reside in the apartment.

There are two types of standard employment contracts:

short-term - issued for a period of up to one year.
Long-term - validity period from 1 year to 5 years.

Compilation

The procedure and rules for filling out various official documents are regulated by the current legislative acts of the Russian Federation.

The rules for drawing up and concluding a rental agreement are established by the Civil Code of the Russian Federation.

The document is in written form (you can print a simple template and fill in the blanks) and must contain:

the date of the agreement;
passport details of the tenant and the lessor;
subject of the contract;
name of the document confirming the ownership of the lessor;
duties, rights and responsibilities of persons who entered into a transaction;
the amount and date of payment for living in the apartment;
the period of validity of the parties' lease relationship;
details of the persons who entered into the agreement;
signatures of both parties on completed copies.

At the request of the parties, additional conditions that meet legal requirements can be specified in the document.

You can download the necessary forms and completed sample contracts here:

Registration and registration

Apartment rental agreements are concluded in accordance with commercial lease agreements (Article 671 of the Civil Code of the Russian Federation).

Such transactions express the agreed will of the parties - they are bilateral (Article 153 of the Civil Code of the Russian Federation and Article 154 of the Civil Code of the Russian Federation).

The hiring document is drawn up in simple written form (Article 674 of the Civil Code of the Russian Federation). To create a legal relationship, the parties only need to seal the deal with personal signatures. Notarization of the contract and its registration with government agencies are not mandatory, but are not challenged by law.

Article 674 of the Civil Code of the Russian Federation. Residential tenancy agreement form

The rental agreement for residential premises is concluded in writing.
A restriction (encumbrance) on the right of ownership of residential premises arising on the basis of a lease agreement for such residential premises concluded for a period of at least a year is subject to state registration in the manner established by the law on registration of rights to real estate and transactions with it (clause 2 introduced by the Federal Law of July 21, 2014 N 217-FZ).

The civil legislation of the Russian Federation allows the conclusion of transactions for the rental of residential premises for a period of up to 5 years. Such agreements are not subject to mandatory registration and are legal (Article 683 of the Civil Code of the Russian Federation).

Registration of a rental agreement is a special process of entering information about the residence of third parties in an apartment, carried out by government authorities in the presence of both parties who have entered into a rental relationship with each other.

State registration of the agreement gives the parties to the transaction certain guarantees and confirms their legal status.

Legal registration is, first of all, beneficial to the tenant. Before the end of the contract period, provided that it is not terminated early, the owner of the property does not have the right to refuse the tenant use of the apartment.

A registered transaction is confirmation of additional income for the property owner.

Deadlines and fees

If the rental agreement for residential premises does not specify the period of validity of the rental relationship, then the transaction is considered to be concluded for a period of 5 years (Article 683 of the Civil Code of the Russian Federation).

When registering a document with the state, you need to pay a state fee. For individuals, the fee is 2000 rubles. The obligation to pay the fee is specified in the agreement and is assigned to one of the parties or both parties in equal shares.

Lease extension

At the end of the validity period of the document, the apartment owner is obliged to offer the tenant to renew the contract. According to the law, the employer has a preemptive right in this matter.

Article 684 of the Civil Code of the Russian Federation. Preemptive right of the tenant to conclude a contract for a new term

Upon expiration of the residential lease agreement, the tenant has a pre-emptive right to conclude a residential lease agreement for a new term.

No later than three months before the expiration of the residential lease agreement, the landlord must offer the tenant to conclude an agreement on the same or different terms or warn the tenant about the refusal to renew the contract due to the decision not to rent out the residential premises for at least a year. If the landlord has not fulfilled this obligation and the tenant has not refused to extend the contract, the contract is considered extended under the same conditions and for the same period.

When agreeing on the terms of the contract, the tenant does not have the right to demand an increase in the number of persons permanently residing with him under the residential lease agreement.

If the landlord refused to extend the contract due to the decision not to rent out the premises, but within a year from the date of expiration of the contract with the tenant entered into a rental contract for residential premises with another person, the tenant has the right to demand recognition of such an agreement as invalid and (or) compensation for losses caused refusal to renew the contract with him.

If the homeowner has not fulfilled these obligations, the period of validity of the agreement is automatically extended on the old terms and for the same period.

It happens that the owner of a residential premises, due to the decision not to rent out the apartment anymore, refuses further relations with the tenant. But during the first year he enters into an employment agreement with another person. In this case, the former tenant has the right to claim damages from the landlord in court.

The tenant, if desired, has the right to terminate the contract, but must first notify the owner of the apartment about his decision (Article 687 of the Civil Code of the Russian Federation).

When concluding a transaction for a period of less than 12 months, the requirements of the above articles do not apply to it. In a short-term agreement, it is better to specify the timing of changes in the rental relationship.

You can extend the period of validity of the rental agreement by concluding an additional agreement. It is also possible to draw up a new contract. You can extend the validity period an unlimited number of times.

The maximum duration of renting an apartment is no more than 5 years.

Conclusion

The parties have every right to enter into a transaction in any form. But it should be remembered that agreements concluded orally do not have legal force.

The main legal aspects of registration, conclusion, and drawing up of a residential lease agreement are regulated by Chapter 35 of the Civil Code of the Russian Federation.

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