CIVIL CODE OF THE RUSSIAN FEDERATION Chapter 35. Renting residential premises

What is a residential tenancy agreement? How to properly register the transfer of housing for use? We answer all questions about renting residential premises.

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Concept - residential lease agreement

Legislatively, relations under a rental agreement are enshrined in Chapter 35 of the Civil Code of the Russian Federation and in sections III-IV of the Housing Code of the Russian Federation.

The person who transfers the residential premises is called the lessor. The landlord may be the owner of the residential premises or a person specifically authorized by the owner to perform such actions.

The person who accepts the residential premises for use is called the tenant. The employer can be any adult capable citizen. A legal entity cannot act on the side of the tenant of a residential premises. In the case of legal entities, a residential lease agreement is concluded.

General provisions on a residential tenancy agreement are given in Chapter 35 of the Civil Code of the Russian Federation; in addition, the provisions of the Housing Code of the Russian Federation are applied to regulate social rental relations. When concluding a rental agreement, the parties have the right to provide for additional conditions governing their relationship. However, additional conditions must not contradict the law.

Residential tenancy agreement: main characteristics

A residential lease agreement is characterized by certain characteristics that classify it as belonging to one or another group of social relations. Let's call these signs:

1. The main purpose of a residential lease agreement is the transfer of real estate for temporary use. This goal is combined with agreements aimed at transferring property for temporary use - rent, free use;
2. the transfer is carried out for the purpose of receiving remuneration - consideration of the contract. The commonality appears with the lease agreement;
3. the subject of the residential lease agreement is real estate (common with the lease agreement for buildings and structures);
4. the subject of the contract can only be a residential building ;
5. real estate is transferred for the purpose of residence of the tenant

The qualifying features of a residential lease agreement are the features of the subject of the agreement and the subject composition. The subject is exclusively residential premises, the subject of the contract is the citizen using the subject for his residence.

Choosing a rental agreement

The owner of a house, apartment or room can rent out this residential premises or part of it for the residence of other citizens. In this case, a residential lease agreement or a commercial lease agreement is concluded.

If there is housing in municipal or public housing, it can be rented out under a sublease agreement. Housing provided under a commercial lease agreement can also be rented out under a sublease agreement.

Housing provided by municipal or state authorities is transferred under a social rental agreement.

General characteristics of a residential lease agreement

5.1.

Residential rental agreement

5.

Residential rental agreement. Social rental agreement for residential premises. Commercial rental agreement for residential premises. Residential sublease agreement. Temporary residents.

The regulation of relations of renting residential premises is devoted to Chapter. 35 Civil Code of the Russian Federation. A rental agreement for residential premises is an agreement under which the owner or a person authorized by him (the lessor) undertakes to provide the tenant with residential premises for a fee for possession and use for living in it (clause 1 of Article 671 of the Civil Code of the Russian Federation).

Types of residential tenancy agreement: social tenancy agreement, commercial tenancy agreement.

Legal qualification of the contract: mutual, compensated, consensual.

The object of a residential lease agreement may be an isolated residential premises suitable for permanent residence (apartment, residential building, part of an apartment or residential building). The suitability of residential premises for living is determined in the manner prescribed by housing legislation.

All residential premises provided to citizens are united by law into the concept of “housing stock”. Housing stock is the totality of all residential premises, regardless of the form of ownership, including residential buildings, specialized houses (dormitories, specialized homes for single elderly people, disabled people, etc.), apartments, service residential premises, and other residential premises suitable for living.

Depending on the type of ownership, the housing stock, according to the Constitution of the Russian Federation, the Civil Code of the Russian Federation, and the Housing Code of the Russian Federation, can be divided into:

a fund that is privately owned (citizens, legal entities);

state housing stock;

municipal housing stock.

Moreover, each housing stock has its own purpose for use - social or commercial. A social rental agreement is concluded with citizens using premises in the state and municipal housing stock. A commercial rental agreement can be concluded with residents of any fund. A lease agreement, similar in purpose to a rental agreement, can also be concluded with persons living in houses of any fund. However, a party to this agreement (tenant) can only be a legal entity that rents premises to transfer to citizens for use (for example, an organization rents an apartment for its employees to live in).

Grounds for the emergence of housing relations:

decision of the local government (social hiring);

contract (commercial hire).

Sources of legal regulation of residential lease agreements.

A fundamental turn in the legislative regulation of housing legal relations in the Russian Federation began with the adoption of the Constitution of 1993. The Constitution of the Russian Federation for the first time included a rule on the right of citizens to housing (Article 40).

At the moment, the main regulations governing housing legal relations are the Civil Code of the Russian Federation and the Housing Code of the Russian Federation. Since the Civil Code of the Russian Federation is an industry-specific normative act, it reflects the norms of civil legislation that are specific, primarily for a commercial lease agreement. The Housing Code of the Russian Federation is a comprehensive normative act that regulates heterogeneous relations in the housing sector, including civil and administrative ones. A commercial lease agreement is regulated by Chapter 35 of the Civil Code of the Russian Federation. Social tenancy agreement - Housing Code of the Russian Federation.

Regulatory acts of the constituent entities of the Russian Federation.

5.2.

Social rental agreement for residential premises

A social rental agreement for residential premises is concluded on the basis of a complex legal structure:

registration of persons in need of residential premises by local government bodies (Articles 51, 52 of the Housing Code of the Russian Federation);

the onset of priority or established conditions for extraordinary receipt of housing (Article 57 of the Housing Code of the Russian Federation);

A decision of a local government body on residential premises is an official document confirming the rights of the persons specified in it to conclude a social tenancy agreement for residential premises.

The circle of persons entitled to receive residential premises for social use in accordance with housing legislation:

citizens who do not have residential premises;

citizens provided with a total living space per family member less than the accounting norm. The accounting norm for the area of ​​a residential premises is the minimum size of the area, on the basis of which the level of security of citizens is determined in order to register them as those in need of residential premises. The accounting norm is established by local governments;

citizens living in premises that do not meet the requirements established for residential premises;

citizens who have in their family a patient suffering from a severe form of a chronic disease, in which living together with him in the same apartment is impossible, and who do not have other living quarters (the list of such diseases is established by the Government of the Russian Federation).

There are exceptions to this rule - the extraordinary provision of residential premises under social tenancy agreements to the following categories of citizens:

citizens whose residential premises are recognized in accordance with the established procedure as unfit for habitation and are not subject to repair or reconstruction;

orphans and children left without parental care, persons from among orphans and children left without parental care, at the end of their stay in educational and other institutions, including social service institutions, foster families, orphanages type, upon termination of guardianship (trusteeship), as well as upon completion of service in the Armed Forces of the Russian Federation or upon return from institutions executing a sentence of imprisonment;

citizens suffering from severe forms of chronic diseases, the list of which is established by the Government of the Russian Federation.

Decisions on the provision of residential premises are issued or sent to citizens no later than three working days from the date of adoption of the decisions. This decision is the basis for concluding a social tenancy agreement within the period established by it.

Under a social rental agreement for residential premises, one party - the owner of the residential premises of the state or municipal housing stock (or an authorized state or local government body acting on his behalf), or a person authorized by him (the lessor) undertakes to transfer the residential premises to the other party - the citizen (tenant) in possession and use for living in it.

Essential terms of the agreement: subject. The subject of a social tenancy agreement is residential premises suitable for permanent residence of citizens (a residential building, apartment, part of a residential building or apartment).

A social rental agreement for residential premises is concluded without specifying its validity period.

Form of agreement: written, based on the decision to provide residential premises.

The parties to the rental agreement for residential premises in the houses of the state and municipal housing stock are the tenant - only a citizen and the landlord - a housing maintenance organization, or a corresponding enterprise, institution, organization.

The content of the agreement consists of the rights and obligations of the parties.

The landlord has the right to demand timely payment for housing and utilities. The amount of the fee (tariff) is set by local governments.

The lessor is obliged:

transfer to the tenant residential premises free from the rights of other persons;

take part in the proper maintenance and repair of common property in the apartment building in which the rented residential premises are located;

carry out major renovations of residential premises;

ensure that the tenant receives the necessary utilities of adequate quality (Article 65 of the Housing Code of the Russian Federation).

The employer has the right:

move other persons into the occupied residential premises;

sublease residential premises;

allow temporary residents to live in residential premises;

exchange or replace occupied residential premises;

demand from the landlord timely major repairs of residential premises, proper participation in the maintenance of common property in an apartment building, as well as the provision of utilities (Article 67 of the Housing Code of the Russian Federation).

The employer is obliged:

use the provided premises for its intended purpose and keep it in proper condition;

pay rent and utility bills on time;

carry out, at your own expense, routine repairs of the occupied premises and common areas;

comply with internal regulations, sanitary and fire safety standards;

do not make any alterations in the premises without the appropriate written permission;

in case of leaving the residential premises, the tenant is obliged to hand over the premises to the landlord in good condition according to the act.

Termination of a social tenancy agreement is possible by agreement of the parties at any time.

The tenant may terminate the contract at any time with the written consent of the family members living with him. The day of termination of the contract is considered the day of departure. The rental agreement can also be terminated due to the death of the tenant if he lived without a family. If, after the death of the tenant, members of his family remain living in the residential premises, the rental agreement does not terminate.

The lessor has the right to terminate the contract only if there are grounds established by law.

Citizens are evicted from residential premises with the provision of other comfortable residential premises (Article 85 of the Housing Code of the Russian Federation) under social tenancy agreements if:

the house in which the living space is located is subject to demolition;

residential premises are subject to transfer to non-residential premises;

the residential premises are declared unfit for habitation;

as a result of major repairs or reconstruction of a house, the residential premises cannot be preserved, or its total area will decrease, as a result of which the tenant and his family members living in it may be recognized as needing residential premises, or increase, as a result of which the total area of ​​the occupied residential premises premises per family member will significantly exceed the provision norm.

Judicial eviction of the tenant and his family members with the provision of other living quarters is carried out for failure by the tenant to pay for the living quarters and (or) utilities for more than six months without valid reasons (living quarters are provided according to hostel standards).

Judicial eviction of citizens without provision of other residential premises:

destruction or damage to residential premises by the tenant or other citizens for whose actions he is responsible;

systematic violation of the rights and legitimate interests of neighbors, which makes it impossible to live together in the same residential premises;

use of residential premises for purposes other than their intended purpose.

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5.3.

Commercial rental agreement for residential premises

To conclude a commercial rental agreement for residential premises, no administrative prerequisites are required; it is enough to reach an agreement on all essential terms.

The subject of a commercial rental agreement may be residential premises that meet a number of requirements:

compliance with the requirements of building codes and regulations, fire safety, sanitary and hygienic requirements, etc.;

houses (premises) after their construction or refurbishment are registered as residential buildings by authorized bodies;

the residential premises must be isolated and suitable for living (clause 1 of article 673 of the Civil Code of the Russian Federation).

Parties to the contract: the lessor and the tenant. The employer is only a citizen. Lessor - any subject of civil law who is the owner of residential premises.

Form of agreement: written.

Duration of the contract: fixed-term, determined by the contract (Article 683 of the Civil Code of the Russian Federation). The Civil Code of the Russian Federation establishes two types of such agreements: short-term - up to one year and long-term - from one to five years. If the term of the contract is not specified, then the contract is considered long-term.

In addition to the tenant, other citizens may permanently reside in the residential premises, and they must be specified in the contract. Unlike a social tenancy agreement, under which only members of the tenant’s family can permanently reside with the tenant, under a commercial tenancy agreement any persons can permanently reside and use it. However, these persons have only equal rights with the tenant to use the residential premises, and the responsibilities (Article 677 of the Civil Code of the Russian Federation) are borne by the tenant himself.

When concluding a commercial lease agreement, persons wishing to live in residential premises have the right to act as co-tenants. In this case, a plurality of persons arises in the obligation, where on the one hand the lessor acts - an individual or legal entity who owns the residential premises under the right of ownership, economic management, and on the other hand, two or more citizens act as the tenant at the same time, who are called co-tenants and bear joint liability to the landlord (clause 4 of article 677 of the Civil Code of the Russian Federation). In this case, the lessor has the right to demand the fulfillment of obligations, including payment, from each of them.

The amount of payment for the use of residential premises, in contrast to a social tenancy agreement, is established by agreement of the parties. The deadline for paying fees for the use of residential premises must be specified in the contract.

The employer has the right:

conclude an agreement for a new term as a matter of priority (Article 684 of the Civil Code of the Russian Federation). To comply with this right, the landlord must, no later than three months before the expiration of the term, notify about the conclusion of the contract on the same or different terms, or warn the tenant about the refusal to renew the contract in connection with the decision not to rent out residential property for at least a year rental premises. If the landlord refused to renew the contract due to the decision not to rent out the premises, but within a year from the date of expiration the tenant entered into a rental contract with another person, the tenant has the right to demand that such contract be declared invalid and (or) compensation for losses caused by the refusal to renew the contract. there is an agreement (Article 684 of the Civil Code of the Russian Federation);

replace the tenant (replace oneself in the contract with another person permanently residing with the tenant with the consent of the landlord), and also agree on the amount of payment for the residential premises;

terminate the contract;

give consent to the refurbishment of residential premises under the conditions specified in the law.

The obligations of the tenant under a commercial tenancy agreement are similar to those under a social tenancy agreement.

In Art. 687 of the Civil Code of the Russian Federation defines the conditions and procedure for terminating a commercial rental agreement for residential premises. The contract can be terminated either at the initiative of the lessee or the lessor.

The tenant may, at any time, with the consent of the other members living with him, terminate the contract by giving the landlord three months' notice in writing (Clause 1, Article 687 of the Civil Code of the Russian Federation). The decision to terminate the contract must be made by all adult citizens permanently residing with the employer. If not everyone leaves the residential premises, then the contract will not terminate; only those who leave for another place of residence will lose their rights to the residential premises.

The contract may be terminated at the initiative of either party if the sanitary and technical condition of the residential premises makes it unsuitable for further residence. Such unsuitability is determined by special commissions (bureau of technical inventory, sanitary supervision, fire supervision, etc.);

The lessor has the right to terminate the contract in the event (Article 687 of the Civil Code of the Russian Federation):

rent arrears for six months, unless a longer period is specified in the contract, and for short-term rentals - more than twice - upon expiration of the payment period established by the contract;

destruction or damage to housing by the tenant (co-tenant) or other persons for whose actions he is not responsible. In this case, the court may grant the tenant a grace period of no more than one year to restore the normal condition of the residential premises while maintaining the rental agreement for residential premises in force;

use of residential premises for other purposes, violation of the rights and interests of neighbors. In these cases, the court has the right to establish a one-year probationary period for the employer, or to grant a deferment of execution of the court decision for a period of no more than one year.

The legal consequences of termination of the contract are that the tenant and all persons living with him are evicted from the occupied residential premises.

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5.4.

Residential sublease agreement. Temporary residents

Participants in housing legal relations, in addition to the landlord and the tenant, can be subtenants and temporary residents.

Temporary residents can live in residential premises for no more than 6 months with prior notice to the landlord (Article 680 of the Civil Code of the Russian Federation is general for any type of rental agreement). If the period of residence of temporary tenants has not been agreed upon, then the tenant or any other family member may demand the eviction of temporary tenants no later than 7 days after the presentation of the demand for eviction. The tenant is responsible for their actions to the landlord. They live for free (compliance with the norm of the total area of ​​living space is not required). While Art. 80 of the Housing Code of the Russian Federation provides that the landlord may prohibit the residence of temporary residents if, after their occupancy, the total area of ​​living space for each resident is less than the accounting norm for an individual apartment, and less than the provision norm for a communal apartment.

The sublease agreement is regulated by Art. 685 of the Civil Code of the Russian Federation, which provides for payment for the use of the provided residential premises.

An essential condition of the sublease agreement is the term, which cannot exceed the term of the residential lease agreement.

If the lease agreement is terminated early, the sublease agreement is terminated at the same time. The subtenant, unlike temporary residents, receives possession and use of a certain part of the residential premises (or all of the residential premises). However, he does not acquire independent right of use and the employer bears responsibility for his actions that violate the rental agreement.

The sublease agreement is not subject to the rule on the pre-emptive right to conclude an agreement for a new term.

In the case of social rental of residential premises, a sublease agreement is concluded with the written consent of the landlord and his family members living with him, provided that after its conclusion, the total area of ​​​​the relevant residential premises per resident is not less than the accounting norm (Article 76 of the Housing Code of the Russian Federation). The term of the contract is determined by the parties; if the term is not specified in the contract, the contract is considered to be concluded for one year. In case of early termination of the contract, the party to the contract, the initiator, is obliged to notify the other party three months in advance. The sublease agreement is paid. The procedure, conditions, terms of payment and amount of the fee are established by agreement of the parties.

Features of the rental agreement

A rental agreement can only be concluded in relation to isolated residential premises. That is, you cannot rent out non-residential premises, common property (basement, attic, premises in the stairwell), auxiliary premises (kitchens, corridors, closets, bathrooms), adjacent rooms, part of a room or bed.

The rental agreement for residential premises must be in writing. Failure to comply with the written form of the contract does not entail its invalidation, however, in the event of a dispute over the terms of employment, problems with proof may arise.

The rental agreement can be concluded for any period agreed upon by the parties. Currently, we know of contractual relationships for the provision of housing for a day or for 1 hour - these are also rental agreements. Any rental agreement concluded for a period of up to 1 year is called short-term rental. For short-term rentals, you cannot move in other citizens; the employer does not have a pre-emptive right to conclude a contract for a new term.

The maximum period for which a rental agreement can be concluded is 5 years. If the parties do not provide for a term in the contract, it is considered to be concluded for 5 years.

A residential lease agreement concluded for a period of more than 1 year is subject to registration with Rosreestr as an encumbrance of the owner’s rights to the residential premises. Such encumbrances of rights will arise only from the moment of state registration of the encumbrance.

Residential tenancy agreement form

The residential lease agreement requires a written form. This form is established for both a social tenancy agreement and a commercial tenancy agreement for residential premises.

According to Art. 434 of the Civil Code of the Russian Federation, an agreement in writing must be concluded by drawing up one document signed by the parties to the agreement. There are other ways of drawing up a written form of an agreement, exchanging a document by postal, teletype, telephone, electronic or other communications, which make it possible to reliably establish that the document comes from a party to the agreement.

Failure to comply with the written form of a residential lease agreement does not entail its invalidity. If disputes arise in this case, the parties cannot refer to witness testimony. But in court they can confirm their circumstances with written and other evidence.

Social tenancy agreement

Under a social tenancy agreement, municipal or public housing is transferred on a first-come, first-served basis to citizens in need. The social tenancy agreement is regulated by the norms of the Housing Code of the Russian Federation.

Residential premises are provided to citizens registered as needing improved housing conditions in order of priority, based on the time they were registered and included in the lists for receiving residential premises. For some categories, priority provision of residential premises under a social tenancy agreement is provided.

When concluding a social tenancy agreement, all family members are indicated in it. The employer's family members include his spouse, children and parents. Other citizens can be recognized as members of the employer's family if they live together with the employer and maintain a common household with him, and their relationship is of a family nature. Family members have the same rights to housing as the tenant and bear the same responsibilities for its maintenance. First of all, this concerns payments for housing maintenance and utilities.

If citizens end their family relationship, but continue to live together, their rights to housing do not terminate, and it will not be possible to evict them from there.

Termination of a residential lease agreement

Civil legislation regulates in detail the termination of a contract for the ownership and use of residential premises. Article 687 of the Civil Code of the Russian Federation regulates the procedure for terminating a commercial tenancy agreement, and Article 672 of the Civil Code of the Russian Federation regulates a social tenancy agreement.

Since this article is more devoted to the commercial rental of residential premises, we will consider in more detail the provisions for terminating a commercial rental agreement for residential premises.

The right of the tenant to terminate the residential premises contract

The employer has the right to terminate the contract voluntarily and unilaterally. But to do this, he must notify the landlord about this three months before the actual termination of the contractual relationship. The employer can also do this with the consent of the citizens who live with him in the residential premises.

The landlord's right to terminate the residential premises contract

If a dispute arises between the parties to the contract, it is resolved in court. The lessor has the right to terminate the contract in the following cases:

• if the tenant has not paid for accommodation for more than six months. If the contract is short-term - if payment is not made more than 2 times after the expiration of the payment period established by the contract;
• if the tenant caused damage to property, that is, in any case, in the presence of destruction, damage to the residential premises, regardless of who committed these actions. After all, the tenant is responsible for the maintenance and preservation of the residential premises.

In the second case, the court gives the employer a period to eliminate the violations. If the tenant does not eliminate the violation within the period given by the court, the court, upon repeated application by the landlord, makes a decision to terminate the contract. In this case, the person has the right to defer the execution of the decision for a period of no more than 1 year. The basis for the deferment is the request of the employer.

The right of the parties to terminate the residential premises contract

The law provides equal rights to both parties to terminate a residential tenancy agreement. In any case, termination of the contract on the following grounds is carried out in court:

• if the premises cease to be suitable for permanent residence (including the case when they have acquired the status of an emergency premises);
• in other cases when it is provided by law. For example , the Housing Code also provides for such grounds as systematic violation of the rights and interests of neighbors, use of premises for other purposes.

Residential sublease agreement

The tenant has the right to provide the residential premises he occupies or part of it for a fee to another person for living. Such relationships are called residential subletting. A sublease agreement is concluded only with the consent of the lessor.

To rent out housing provided under a social tenancy agreement, the consent of the tenant's family members is also required. To sublease residential premises located in a communal apartment, the consent of all tenants and members of their families living with them, all owners and members of their families living with them is also required.

The conclusion of a sublease agreement is possible subject to compliance with the standard living space per person.

The term of the sublease agreement cannot be longer than the validity period of the concluded lease agreement; it terminates when the lease agreement is terminated.

The subtenant does not have a pre-emptive right to conclude a contract for a new term.

Rights and obligations of the parties

Contract law provides that when concluding any type of agreement, mutual rights and obligations of the parties arise. If there is an obligation on one side, there is a mirror right on the other side. It is obvious that if someone has the right to demand something, then to the same extent someone has an obligation to fulfill the right to demand the first one.

The rental agreement for residential premises in accordance with Article 676 of the Civil Code of the Russian Federation provides for the obligations of the landlord . Namely:

• transfer to the tenant residential premises , which should not be encumbered, that is, free from claims or any obligations. This premises must be suitable for living, in other words, meet all sanitary and fire safety requirements;
• carry out major repairs in a timely manner ;

For landlords of residential premises located in apartment buildings:

• The landlord is obliged to properly operate the residential building in which the rented residential premises are located. Providing the necessary utilities in a timely manner and ensuring repairs to the common property of the apartment building. That is, the landlord is responsible for providing conditions for full-fledged living in the residential premises .

Article 678 of the Civil Code of the Russian Federation establishes the obligations of the tenant of residential premises. Civil and housing legislation pursues the principle of the intended purpose of residential premises, thus the obligation is established for the tenant to use the subject of the contract for its intended purpose, that is, for living. And during the process of living, a citizen is obliged to ensure the safety of the living space and maintain it in proper condition.

If the tenant wishes to redesign and renovate the residential premises, he can do this only with the permission of the landlord. Without such permission, the actions of the tenant will be grounds for termination of the relationship under the residential rental agreement.

Also, the responsibility of the tenant includes actions to fulfill the consideration of the contract, that is, the obligation of the tenant to promptly pay rent for the residential premises. He is also obliged to pay utility bills, unless otherwise provided by agreement of the parties (Article 682 of the Civil Code of the Russian Federation).

Residential lease agreement

A lease agreement and a residential lease agreement have much in common. The main difference is that the user of the residential premises when concluding a lease agreement is a legal entity. That is, if the user is a citizen, then this is a residential rental agreement, if a legal entity, then this is a residential rental agreement.

Since the housing is intended exclusively for the residence of citizens, the only possibility for the tenant to use the housing is to sublease (sublease) the rented residential premises to his employees or other citizens. Since the law provides for the need to obtain the tenant’s consent to enter into a sublease agreement, this possibility should be immediately indicated in the residential lease agreement.

A residential lease agreement is concluded in simple written form, and if the term of the agreement exceeds a year, then, unlike a rental agreement, it is subject to mandatory state registration.

The validity period of a residential lease agreement is determined by agreement of the parties, but if the term is not specified in the agreement, then it is considered that it is concluded for an indefinite period. In the latter case, each party has the right to withdraw from the contract at any time by giving the other party three months’ notice. In this case, the agreement may establish a different period for such warning.

The tenant has a priority right over other persons to conclude an agreement for a new term. To comply with the pre-emptive right, the tenant must, no later than the time specified in the agreement, offer the landlord to conclude an agreement on the same or different terms.

If the lessor refuses to renew the contract due to a decision not to rent out the premises, but within a year from the date of expiration of the contract has concluded a similar agreement with another person, the tenant has the right to demand the transfer of rights and obligations under the concluded contract or compensation for losses.

A residential lease agreement must necessarily stipulate the amount of rent; if the fee is not specified, the agreement is considered not concluded.

The transfer of residential premises under the arena agreement is carried out according to the transfer and acceptance certificate.

Upon termination of the rental agreement for residential premises, the tenant is obliged to return the housing in the condition in which it was received, taking into account normal wear and tear. The contract may include a condition that the tenant is obliged to carry out repairs before returning the property.

Parties to the agreement

The subject of such an agreement is residential premises, due to which social relations occur between the parties to the agreement. This agreement is bilateral, the parties to which:

• landlord - owner of residential premises by right of ownership;
• tenant - a person who takes possession and use premises

The landlord is the owner of the residential premises, by virtue of which he disposes of his property at his own discretion. The party transferring residential premises for temporary use may be: a citizen, a legal entity.

The employer is , as we have already said, citizens.

General template of a residential lease agreement

Object of the residential lease agreement

The rental property may be residential premises. It must meet all sanitary, fire safety, urban planning and technical requirements. It must be legally recognized as residential premises. Such premises must be isolated and suitable for permanent residence.

A sign of isolation of a premises means that it cannot be a premises for auxiliary use or common property in an apartment building. Such premises cannot be the subject of a residential lease agreement.

Unlike a social tenancy agreement , residential premises are not standardized when provided for rent, that is, the area of ​​the premises depends on the agreement of the parties. That is, housing is rented without restrictions on size and area.

Article 673 of the Civil Code of the Russian Federation. Object of the residential lease agreement (current version)

1. The subject of a residential lease agreement is the residential premises themselves, which must have the following features:

- isolation - excluding the possibility of unauthorized entry into the residential premises by neighbors, as well as persons not living in this residential premises;

- suitability for habitation - the possibility of living in a residential building without a threat to the life, health and property of the persons living in it.

The residential premises must be arranged and equipped in such a way as to prevent the risk of injury to residents when moving in and around the residential premises, when entering and exiting the residential premises and residential building, as well as when using engineering equipment and to ensure the possibility of moving items of engineering equipment the corresponding premises of apartments and auxiliary premises of the house, which are part of the common property of the owners of premises in an apartment building. Residential premises must be provided with engineering systems (electric lighting, drinking and hot water supply, drainage, heating and ventilation, and in gasified areas also gas supply).

In practice, the question may arise as to whether premises similar to residential ones (for example, hotels, boarding houses) can be the subject of residential lease agreements. Thus, the court, considering the case of the deputy prosecutor of the Tyumen region against OJSC Center for Restorative Medicine and Rehabilitation "Sibir" and CJSC Gorzhilstroy for invalidating (void) the contract of sale and purchase of a land plot, found that, in particular, the construction of a boarding house on recreational lands does not contradict the law, since boarding houses, based on the commented article, are not residential premises suitable for permanent residence of citizens (see Resolution of the Federal Antimonopoly Service of the West Siberian District dated June 4, 2009 N F04-2902/2009(6299-A70-9) ).

Under a rental agreement for residential premises in an apartment building, the tenant also has the right to use the common property of the owners of apartments in the apartment building, in addition to the residential premises themselves.

2. Applicable law:

- Housing Code of the Russian Federation;

— Decree of the Government of the Russian Federation of January 28, 2006 N 47.

3. Judicial practice:

— Review of judicial practice in cases related to ensuring the housing rights of citizens in the event that a residential building is recognized as unsafe and subject to demolition or reconstruction (approved by the Presidium of the Armed Forces of the Russian Federation on April 29, 2014);

— Determination of the Investigative Committee for civil cases of the Rostov Regional Court dated September 10, 2012 in case No. 33-9746;

— Resolution of the Presidium of the Rostov Regional Court dated March 29, 2012 N 44g-23;

— Determination of the Supreme Court of the Chuvash Republic dated February 14, 2011 N 33-499-2011;

— Determination of the Investigative Committee for civil cases of the Perm Regional Court dated March 13, 2013 in case No. 33-2255/2013;

— Determination of the Investigative Committee for civil cases of the Perm Regional Court dated 05/04/2011 in case No. 33-4399;

— Resolution of the Federal Antimonopoly Service of the West Siberian District dated 06/04/2009 N F04-2902/2009(6299-A70-9).

Comment source:

“COMMENTARY ON THE CIVIL CODE OF THE RUSSIAN FEDERATION. PART TWO OF JANUARY 26, 1996 No. 14-FZ"

ON THE. Barinov, S.A. Baryshev, E.A. Bevzyuk, M.A. Belyaev, T.A. Biryukova, Yu.N. Vakhrusheva, R.R. Dolotina, N.V. Elizarova, R.Yu. Zakirov, N.A. Zakharova, P.Z. Ivanishin, S.Yu. Morozov, T.N. Mikhaleva, 2014