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Residential rental agreement
______________ "__" __________________
________________________________________________________________________________
registered at the address:__________________________________________________________
hereinafter referred to as the “Lenter”, on the one hand, and _________________________________________________________________________ registered at the address: _____________________________________________________ hereinafter referred to as the “Tenant”, on the other hand, have entered into this agreement as follows:
Subject and general terms of the agreement.
1.1. The subject of this residential lease agreement is the provision by the lessor, for a fee, of temporary possession and use of residential premises for the tenant to live in.
1.2. The rental property (residential premises) is located at: _________________________________
Characteristics of the object: the indicated room is located on the ___ floor, _______ storey building.
1.3. At the time of concluding this agreement, the premises for rent belong to the Landlord on the right of ownership, are not mortgaged or seized, and are not the subject of claims by third parties. The above is guaranteed by the Lessor.
1.4. The residential premises leased by the parties have been inspected and are in good condition, meeting the requirements for exploited residential premises used for residential purposes in accordance with the purpose of the property.
1.5. The landlord has the right to demand termination of this agreement and compensation for losses in cases where he establishes facts that the Tenant is using the premises not in accordance with the terms of the rental agreement or the purpose of the rented residential premises.
1.6. The transfer of residential premises by the Landlord for use by the Tenant is carried out at the time of signing this agreement by handing over the keys to the apartment.
The transfer deed is not drawn up.
1.7. The employer undertakes:
- use residential premises for rent in accordance with the terms of this agreement and exclusively for living;
- compensate the Landlord for losses caused in the event of damage to the residential premises;
- do not carry out internal redevelopment and reconstruction of the premises without the consent of the Landlord, do not move the electrical wiring system, etc.
- observe fire safety measures;
- return the rented premises on the day of expiration of this agreement or termination for other reasons in a condition determined by agreement of the parties to this lease agreement.
Payment under the rental agreement and payment procedure.
2.1. The parties to this agreement have established that the amount of payment for the transferred residential premises is: _________________________________________ rubles per month paid (in advance) _________________________ until the ___________________ day of the current month.
Payments for utilities, electricity and gas are the responsibility of the Landlord. Payment for additional services (telephone, cable TV, Internet) is borne by the Tenant,
2.2. The Tenant undertakes to pay the above payments in full on a monthly basis.
2.3. The amount of payment for the transferred residential premises can be changed only by agreement of the parties.
Responsibility of the parties.
3.1. A party to a contract whose property interests are violated as a result of non-fulfillment or improper fulfillment of obligations under the contract by the other party has the right to demand full compensation for losses caused to it by this party.
3.2. Any party to this agreement that fails to fulfill its obligations under the contract or performs them improperly is liable for the above in the presence of guilt (intention or negligence).
3.3. The absence of guilt for non-fulfillment or improper fulfillment of obligations under the contract is proven by the party that violated the obligation.
Settlement of disputes.
4.1. Disputes that may arise during the execution of the terms of this agreement, the parties will strive to resolve amicably in the manner before trial: through negotiations, exchange of letters, clarification of the terms of the agreement, drawing up its additions and changes, etc.
4.2. If a mutually acceptable solution is not reached, the dispute will be resolved in a court of general jurisdiction.
Contract time.
5.1. This agreement comes into force at the moment of signing this agreement and is valid until “____” ___________ 20__.
5.2. In case of early termination of the contract, the Interested Party is obliged to notify the other party 14 days in advance.
5.3. Termination (expiration) of the validity period of this agreement entails the termination of the obligations of the parties under it, but does not relieve the parties to the agreement from liability for its violation, if any occurred during the fulfillment of the terms of this rental agreement.
6 Amendment and/or addition to the agreement.
6.1. This agreement may be amended and/or supplemented by the parties during its validity period based on their mutual consent.
6.2. Any agreements of the parties to change and/or supplement the terms of this agreement are valid if they are in writing, signed by the parties to the agreement.
Inventory of property.
__________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________
Signatures and details of the parties.
Landlord | Employer |
FULL NAME. | FULL NAME. |
Passport: series No. issued | Passport: series No. issued |
Signature: | Signature: |
Date of: | Date of: |
What are the general characteristics of such agreements?
This type of contract is called commercial hiring by ordinary citizens; this is not a legal term. A residential lease agreement is precisely the definition used by the Civil Code. There is no “commercial” add-on.
Based on the provisions of civil law, there are two agreements:
- use of social real estate (in common parlance – social tenancy agreement). Such housing stock may be either municipal or state property;
- just a rental agreement for residential premises (this is the commercial rental of an apartment or other housing discussed in this article). Renting is called commercial not because the real estate will be used for business or other income-generating activities. The word "commercial" is used as a synonym for the term "commercial". That is, housing is always transferred to the user for a fee.
Real estate under both types of agreement is transferred by its owner only for the possession and use of other persons (the right to dispose of the real estate under this agreement is not transferred and remains with the owner of the premises).
ATTENTION !!! An employment contract can only be concluded with a citizen, but not with an organization. If it is necessary to enter into an agreement with a legal entity, then this will be a lease, and not a commercial lease. Accordingly, legal regulation will be carried out not by 35, but by paragraph 4 of Chapter 34 of the Civil Code.
But when hiring or leasing a real estate property by a legal entity, it can only be used for one purpose: for people to live in it. Organizing any kind of production in such a property is strictly prohibited. The same rule applies to other types of business use of such premises.
Alienation of an immovable property for any reason cannot in any way automatically terminate the rental agreement. Simply, the rights and obligations of the lessor are transferred to the new owner. The agreement cannot be arbitrarily changed by the landlord. All changes must be discussed with the employer.
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Comments on the document “Residential rental agreement”
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5 Maria | 03/25/2014 at 16:43:47 Thank you, everything is clear and simple! |
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Anatoly | 03/10/2015 at 19:30:45 Very useful and informative |
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5 Hope | 03/30/2015 at 09:30:58 Thank you, it’s as clear as possible and all the nuances have been taken into account. |
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5 Sergey | 04/23/2015 at 09:41:31 cool, short and sweet (fewer words are cheaper than a telegram) |
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4 Alexander | 08/06/2015 at 12:46:37 Thank you! Very useful |
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Tatiana | 08/06/2015 at 14:06:57 thank you everything is very clear |
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Elena | 08/08/2015 at 09:13:15 everything is short and concise |
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Natalia | 08/10/2015 at 15:09:56 Thank you, everything is clear and useful. |
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5 Natalia | 08/16/2015 at 09:55:44 turned out to be very useful and simple) |
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Irina | 09/08/2015 at 13:10:58 Thank you! very useful!! Everything is clear, simple and to the point. |
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5 Ivan | 09/11/2015 at 12:05:01 Very useful! Thanks a lot!!! |
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Ivan | 09/11/2015 at 12:05:44 Very useful! Obvious and simple! Thanks a lot!!! |
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5 Sergey | 09/11/2015 at 12:25:18 Well done thank you!!!!!!!!!!!! |
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Victoria | 09/15/2015 at 16:22:07 Thank you, informative, everything is clear and useful |
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5 Olga | 09/16/2015 at 07:57:19 thank you, convenient, clear |
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Voldemar | 09/18/2015 at 22:14:40 a lot of things are not specified... |
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Tatiana | 10/15/2015 at 12:26:08 Thanks a lot! It was very useful! |
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Natalia | 08.11.2015 at 22:33:19 5 Competently composed. I practically didn’t change it to suit my situation. Thank you for the rental agreement |
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Savely | 11/15/2015 at 13:52:22 They took it as a model. Thank you. Competently composed. |
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5 Vladimir | 11/29/2015 at 12:41:46 Thank you! Short and clear. |
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TATIANA | 12/04/2015 at 10:58:42 Thank you, everything is clear and simple! |
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4 Elena | 12/08/2015 at 10:58:10 Thank you, everything is clear and simple |
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Lily | 12/11/2015 at 22:23:38 Thank you. Useful, concise and to the point. |
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5 Svetlana Viktorovna | 12/14/2015 at 07:43:01 Simple and concise. A good contract option. No extra “water”. |
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snezhana | 12/17/2015 at 19:21:00 everything is short, clear, nothing superfluous |
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5 Nastya | 12/26/2015 at 17:44:56 Clear, useful - thank you very much!!! |
Personal message | Reply 0
Lydia Status: Client | 01/08/2016 at 21:35:00 Thanks for the form. Only in it I found several errors. In clause 4.2. the word “resolved” must be without a soft sign, or you can write “resolved”. And there are no dots in section titles. I, as a future Landlord, have added more responsibilities to the Tenant. And so all is well. Thanks again. |
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5 Julia | 01/16/2016 at 11:14:52 everything is simple and accessible... Thank you… |
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5 Andrey | 01/23/2016 at 19:16:23 Thank you! well there is where to download =) |
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marfa | 01/27/2016 at 01:25:29 thank you good sample contract |
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Olga | 01/28/2016 at 14:22:32 Good agreement, everything is clear???? |
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4 Oksana | 01/29/2016 at 08:36:58 Thank you, it was useful. |
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Elena | 02/04/2016 at 12:45:58 Thank you, everything is very clear!!! Just great!!! |
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Ivan | 02/18/2016 at 09:28:32 Thank you for the service. |
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5 Anastasia | 03/09/2016 at 10:56:23 very well composed |
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4 Tatiana | 03/11/2016 at 10:04:31 An understandable agreement, but I will change something. |
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5 Sergey | 03/17/2016 at 13:41:47 Thank you! The agreement was very useful. Well composed. |
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Julia | 03/21/2016 at 08:58:05 Thank you, I think it will be useful. |
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Sergey | 03/27/2016 at 18:22:50 Not everything is spelled out. It is necessary to “chew”, write more specifically, for each item there is a sub-item. People are imperfect and deceitful. |
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Andrey | 04/03/2016 at 13:34:04 Thank you! Simple and good. |
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Olga | 04/05/2016 at 09:01:34 Thanks for the content |
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5 Paul | 04/13/2016 at 07:11:39 the document is very useful thank you |
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Elena | 04/15/2016 at 12:50:27 I found what I was looking for. Thank you |
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Tamara | 04/15/2016 at 12:52:37 Thank you very much, I needed a rental agreement form, I’ll correct it and ok |
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Julia | 04/18/2016 at 08:03:28 Thank you, it was useful |
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5 Irina | 04/19/2016 at 14:56:59 Super!! great option |
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Irina | 04/19/2016 at 14:57:16 Super!! great option |
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Anastasia | 04/20/2016 at 23:28:52 thank you very accessible and concise |
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Irina | 04/22/2016 at 07:48:18 thank you. you helped me. |
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Sergey | 05/06/2016 at 15:46:06 Good clear contract |
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5 Irina | 05/10/2016 at 16:15:29 Thank you for being! |
Personal message | Reply 0
Nelya Status: Client | 05/30/2016 at 09:49:45 Nice deal, helped me a lot! |
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5 Irina | 06/01/2016 at 02:41:23 Thank you, informative document, simple and clear |
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Gulya | 06/01/2016 at 09:57:49 Thank you. all clear. |
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Tamara | 06/06/2016 at 13:47:29 Thank you!!! I am satisfied with this agreement!!! |
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Irina | 06/14/2016 at 07:06:04 Thank you. very accessible and simple |
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Alexander | 07/08/2016 at 13:18:49 a very necessary and competent contract, thank you. good deal! |
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Veronica | 07/15/2016 at 03:41:09 Thank you, we'll take note |
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5 Oksana | 07/28/2016 at 12:10:42 Excellent sample contract |
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5 Fima | 07/29/2016 at 08:02:35 Yes! Thank you! I saved it for myself. |
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Maria | 09/01/2016 at 12:48:43 Thank you, the agreement was useful. |
Personal message | Reply 0
Yuri Status: Client | 09/18/2016 at 08:08:23 Thank you! came in handy... |
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5 Hope | 10/21/2016 at 07:02:29 Thank you! I found this information useful |
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Galina | 10/24/2016 at 19:29:31 The contract is drawn up clearly, without unnecessary information, easy to fill out |
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Alexander | 12/26/2016 at 10:01:37 Contentful, thank you! |
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Yuri | 12/28/2016 at 09:58:17 Hello! A good agreement, but you can add a condition for registering the Tenant for the period of renting the premises. And also about the automatic extension of the rental agreement, if the parties do not mind extending the time of the Tenant’s stay in the Landlord’s residential premises. |
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5 Alina | 12/28/2016 at 11:49:51 Thank you, everything is clear and simple! |
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5 Olga | 01/21/2017 at 23:40:32 thank you, clear, short... |
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Elena | 01/22/2017 at 21:08:50 Thank you! Very good deal |
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Eugene | 01/29/2017 at 08:57:08 Thank you. Very useful |
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5 Olga | 03/23/2017 at 16:59:56 Thank you, you helped a lot! |
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5 Victoria | 04/20/2017 at 10:21:18 Thank you! Great deal! |
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5 Anastasia | 05/07/2017 at 10:09:02 Thank you, you helped me a lot with the question!) |
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Elena | 06/13/2017 at 11:54:21 Thank you, everything is correct and simple! |
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Irina | 06/28/2017 at 12:12:41 Thank you! Very clear and accessible formulation. Now we always come back to your site. |
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Julia | 09/05/2017 at 13:27:08 everything is very accessible and understandable, thank you |
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Natalia | 09/06/2017 at 09:32:10 thanks for the agreement. turned out to be useful |
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5 Elena | 10.25.2017 at 14:35:35 Everything is clear, concise, clear, understandable. |
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Alyona | 11/10/2017 at 13:42:26 Great deal, thanks! |
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Sergey | 11/16/2017 at 11:50:49 Thank you, the main thing is to keep it short. |
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Tatiana | 12/08/2017 at 22:04:12 Thank you very much!!!!!!!! |
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Igor | 12/26/2017 at 10:30:25 everything is good useful information |
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Elena | 02/01/2018 at 14:48:34 Thank you so much! |
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Mari | 02/08/2018 at 17:09:37 useful) thank you very much. |
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5 Valentina | 02/10/2018 at 10:37:36 thank you very helpful. all clear. |
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5 Margarita | 02/21/2018 at 22:45:31 Very short and clear, exactly what you need, all working points are voiced. I would just add a line for meter readings when a tenant moves in. Thank you. |
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4 Gulnara | 03/27/2018 at 10:19:45 Thank you, good deal, nothing extra |
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Anna | 04/16/2018 at 12:49:36 Thank you. the form is clear. |
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Ivan | 04/23/2018 at 10:50:00 thanks, great option |
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5 Olesya | 04/27/2018 at 07:29:02 Thank you very much, everything was well compiled, it was very useful, I downloaded it without much difficulty! |
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5 Pauline | 05/04/2018 at 13:33:12 Good deal, thank you! |
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Aza | 05/22/2018 at 11:27:20 thank you everything is very clear |
Reply 0
5 Oksana | 05/31/2018 at 19:27:54 the whole schedule is clear, everything is clear. Thanks a lot. |
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5 Natalia | 06/18/2018 at 07:46:38 Thank you, everything is clear and simple! |
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Olga. | 06/20/2018 at 11:15:08 Thank you. But you need to enter meter readings and automatic renewal, subject to the terms of the contract. |
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wawa | 07/24/2018 at 11:45:23 You can also register the delay in fulfillment by the tenant of obligations to pay rent |
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5 Svetlana | 08/14/2018 at 13:18:03 Thank you! Convenient shape. Almost everything has been taken into account. |
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5 Faith | 08/31/2018 at 08:35:33 Thank you! Let's use it. 5 !!! |
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Masha | 09/06/2018 at 02:06:06 Let's see what's interesting there |
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Evgeniya | 09/18/2018 at 14:49:52 Thank you, it helped a lot |
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5 Alexander | 09.22.2018 at 18:59:35 Thank you! everything is clear and intelligible... |
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4 Irina | 09/26/2018 at 07:42:15 The agreement was not poorly drawn up, except for one point. I rent out an apartment in another city for the COST OF UTILITIES!!! Since it will not be possible to come even once a year, and such an item is not even provided for. And the employer himself will pay the bills and send them by email. |
Personal message | Reply 0
Irina Status: Client | 09/26/2018 at 07:50:33 I left my comment as a user “without registration”. |
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Masha | 10/07/2018 at 15:14:53 great, I found it useful |
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4 Tatiana | 10/07/2018 at 15:30:56 Thank you, very accessible |
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4 Konstantin | 10/27/2018 at 5:29:02 pm Thank you very much, convenient service. |
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5 Jane | 02.11.2018 at 11:21:05 a little modification and yes, it will be useful |
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5 Tatiana | 05.11.2018 at 11:06:38 Thank you. Just what I was looking for. Very useful material |
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5 Marina | 12/02/2018 at 16:27:02 Briefly, clearly, precisely! |
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1 Badly | 12/18/2018 at 14:55:18 "5.2. In case of early termination of the contract, the Interested Party is obliged to notify the other party 14 days in advance. " But in fact, they may not notify because the fine is not prescribed. etc. a lot of jambs) |
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5 Nina | 01/19/2019 at 20:47:19 Thank you, everything is clearly explained. |
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Natalia | 03/07/2019 at 15:01:37 super! good deal |
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Hope | 03/12/2019 at 21:07:43 5 Everything is clear. Thank you. |
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Oksana | 03/21/2019 at 11:22:15 Very useful information. Thank you |
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5 Olga | 04/15/2019 at 23:13:04 the contract is short and clear |
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5 Alexei | 04/18/2019 at 22:13:33 We still need to look for a more meaningful and more correctly drafted agreement. ???? |
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5 Elena | 05/09/2019 at 09:25:12 Thank you! Good deal! |
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Vladimir | 05/16/2019 at 09:27:46 great thanks guys |
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Sveta | 05/22/2019 at 02:37:41 Thank you, it’s short and clear, that’s what I was looking for, I looked at other contracts, there’s a lot of unnecessary stuff, all I need is a contract for kindergarten. |
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5 Galina | 05/28/2019 at 19:34:05 amazing deal! |
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1 ABOUT | 07/07/2019 at 18:06:26 T and ssrosvochaommsayyy |
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Michael | 08/17/2019 at 17:13:36 excellent, good contract, short and clear |
Reply 0
Svetlana | 09/01/2019 at 21:21:16 Clear, understandable, and most importantly short. Thank you very much. |
Reply 0
Alesya | 10/16/2019 at 07:35:29 Thanks for the example, everything is clear and understandable |
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5 Oksana | 07.11.2019 at 21:22:51 In general, the rating is “5”, but the employer does not always pay for electricity. The conditions of the owners are different: 1) fixed payment; 2) f.o. + electric energy; 3) f.o.+electricity+water; full name + payment for utility services |
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5 Marina | 11/25/2019 at 01:44:33 pm Very useful and informative |
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4 Alexander Snitko | 12/03/2019 at 03:24:36 |
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Tatiana | 01/11/2020 at 07:55:37 Thank you As simple and clear as possible. |
Reply 0
Elena | 01/14/2020 at 05:31:56 thank you, everything is short and clear. |
Reply 0
Sergey | 01/15/2020 at 14:39:07 Thank you, everything is clear and simple! |
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5 Elena | 01/31/2020 at 21:23:17 Thank you, it was very useful. |
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5 And bath | 01/31/2020 at 23:34:55 well composed, short and without water |
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LYUDMILA | 02/11/2020 at 12:20:15 Thank you for a well-written document. |
Reply 0
Gennady | 02/26/2020 at 16:01:09 Thank you, everything is clear. |
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4 Marina | 04/14/2020 at 18:54:02 I don’t understand pp. 2.1. What to write after the word advance? |
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Alice | 05/18/2020 at 08:13:39 Thank you very much, all the nuances are spelled out. |
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5 Anna | 05/31/2020 at 21:56:37 Thank you! I took it as a basis. |
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Alexander | 06/15/2020 at 14:25:10 Everything is clear and understandable! |
Reply 0
Tatiana | 07/20/2020 at 12:33:09 very helpful! Thank you! |
Reply 0
Olga from Simferopol | 07/30/2020 at 20:59:57 Thank you, everything was useful! |
Reply 0
5 Eugene | 08/12/2020 at 11:56:47 Thank you, everything is clear and simple! |
Reply 0
5 Anna | 08/23/2020 at 19:59:43 Thank you, it’s short and succinct and everything you need is taken into account. |
Reply 0
Svetlana | 08/25/2020 at 09:14:07 everything is clear and simple. Thank you. |
Reply 0
5 Sanya | 09/08/2020 at 09:51:14 thank you useful b b |
Reply 0
5 Olga | 06.11.2020 at 10:20:48 Thank you very much |
Reply 0
5 Catherine | 11/10/2020 at 21:01:38 The contract is detailed and to the point. |
Reply 0
Elena | 11/13/2020 at 08:03:31 Thank you, very useful |
Reply 0
5 Galina | 12/29/2020 at 10:41:56 pm Thank you very much! I am a pensioner with a budget pension, and you helped me a lot. Happy New Year! I wish you good health and prosperity! |
Reply 0
Valentina | 01/28/2021 at 18:58:08 good contract, everything is clear and understandable |
Reply 0
Marina | 04/07/2021 at 14:34:31 Thank you, it’s like a lifesaver when you don’t have time for long thoughts. |
Reply 0
5 zhora | 05/07/2021 at 15:24:18 cool, everything is clear and understandable. peace and goodness to all believers) |
Reply 0
Elena | 05/31/2021 at 13:03:05 thanks, great example |
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Contents of the agreement
All provisions for the rental of residential real estate are shown in Chapter. 35 Civil Code of the Russian Federation. Despite the fact that there is no standard sample agreement for the rental of residential real estate, it must certainly contain the following:
- Subject of the agreement
In this embodiment, the subject of the contractual relationship is residential real estate. Only its owner or his authorized representative has the right to rent out residential real estate. Therefore, when drawing up such an agreement, you need to make sure that the lessor is the actual owner, and if this is a trustee, make sure of his authority by checking the documents.
- Rights and obligations of the parties
Items are displayed here describing the rights and obligations of the parties involved in the transaction during the transfer of residential real estate and when living in it.
- Payments for the use of housing
Settlements are carried out by mutual agreement of the parties (Article 682 of the Civil Code of the Russian Federation). The contract must clearly indicate the amount of payment (in numbers and words) and the date of its transfer. The amount of payment for living in a dwelling can be changed only by mutual agreement.
- Responsibility
This section displays the responsibility provided for by the parties to the transaction for violation of the terms of the contract.
- Duration of the contract
The deadline is not required. It is filled out by agreement of the parties to the transaction. However, Art. 683 of the Civil Code of the Russian Federation states that the period of validity of such an agreement should not be more than 5 years. The exception is social hiring. If the validity period is not indicated in the document, then it is automatically equal to 5 years, after which a new contract can be signed. In this case, the employer receives an advantage to continue cooperation.
Note. If the period of validity of the housing rental contract is more than one year, then it must be registered with the Rosreestr branch.
- Force Majeure
This section is completed at the discretion of the parties. It displays the circumstances under which the parties involved are not liable for failure to comply with the terms of the agreement.
- Final provisions
This section displays the number of copies of the agreement being drawn up, the terms of communication between the parties to the transaction, their contacts, etc.
At the end of the document, the details of the parties and their signatures with a decoding of full name are displayed.
Related documents
- Standard rental agreement for residential premises with the right of subsequent purchase
- Sample lease agreement with the right to purchase residential premises
- Residential sublease agreement
- Act of return to the apartment rental agreement
- The act of returning the apartment to the rental agreement
- Apartment rental agreement with acceptance certificate
- The act of renting out the apartment to the tenant (to the residential lease agreement)
- Agreement for the right to use office living space (sublease agreement)
- Lease agreement for office residential premises (Appendix No. 3 to the order of the Mayor of Moscow dated August 9, 1994 No. 394-rm)
- Agreement for the right to use office living space (Appendix No. 4 to the order of the Mayor of Moscow dated August 9, 1994 No. 394-rm)
- Agreement on moving into a living space in an apartment
- Apartment rental agreement
- Application for reservation of living space
- Application for exchange of residential premises
- Sample. Residential lease agreement
- Sample. Lease agreement for residential premises with the right to purchase
- Sample. Residential rental agreement
- Sample. Agreement to rent a room in a residential building
- Sample. Application for subletting of residential space
- Sample. Exchange Application
- Sample. Exchange Application (Option 1)
- Sample. Certificate of subletting of a room
- Standard contract for the rental of residential premises in state and public housing stock buildings in the RSFSR (approved by the Post of the Council of Ministers of the RSFSR dated September 25, 1985 No. 415) (as amended and supplemented by July 23, 1993)
- Resolution of the head of the admin. Arkhangelsk dated February 23, 1996 No. 35 on the social rental agreement for residential premises
- Resolution of the head of the admin. Arkhangelsk dated February 23, 1996 No. 35 on the social rental agreement for residential premises
- The act of transferring property to a residential lease agreement
Registration and registration
If the contractual relationship for the rental of housing is concluded for a period greater than one year, then such a transaction is considered long-term and is subject to state regulation. registration. If the duration of employment is shorter, it is not necessary to register the contractual relationship. The procedure for registering real estate encumbrances is regulated by Law No. 218-FZ of July 13, 2015.
About who will carry out the state. registration of contractual relations are displayed in the completed rental document, however, by default, the burden of registration falls on the owner of the rental property. This happens because the agreement is for compensation, and the owner of the property receives income that is subject to tax. By avoiding such obligations, the homeowner violates the legislative norms of the Russian Federation, which may result in the imposition of an administrative fine on him.
After formalizing the contractual rental relationship between the property owner and the tenant, it will be necessary to complete the legal formalization of the transaction, which consists of registering the agreement with authorized structures. To do this, both participants are required to submit applications to the local office of Rosreestr, presenting the following materials:
- Photocopies of passports of the parties to the agreement.
- Title documents for rented residential space.
- Certificate of ownership.
- Technical passport of the BTI, with a displayed plan of a residential apartment.
- A photocopy of the rental agreement (2 copies).
- Receipt for payment of the fee.
Title-establishing materials include the sources of origin of the owner’s ownership of residential premises (sale and purchase agreement, exchange, deed of gift, etc.).
After submitting the application and attached documents to Rosreestr, applicants must receive USRN extracts on the appointed date (within 5 working days). And only after this the transaction for renting living space will receive legal status.
To register a real estate rental agreement, you can contact your local branch of the MFC, where you can also register the transaction.
Note. If an agreement for the rental of residential real estate is drawn up with several tenants, then only one tenant is allowed to be present to register such an agreement. To register a social rental agreement, only one participant in the transaction can contact the Rosreestr department (Clause 3, Article 51 of Law No. 218).