Agreement for free use of an apartment: contents
An agreement for the free use of residential premises (apartment) is fundamentally different from other rental agreements for residential premises:
- The agreement does not provide for the collection of rent. The tenant pays only for utilities (Civil Code of the Russian Federation Article 689)
- The borrower (tenant) does not have the right to sublease the premises. He also does not have the right to arbitrarily move third parties into the said housing without the knowledge of the lender (Civil Code of the Russian Federation, Article 615);
- In accordance with Article 689 of the Civil Code of the Russian Federation, the borrower is obliged to return the housing to the lender in the same condition as upon receipt;
IMPORTANT: There are categories of citizens who have the right to living space under an agreement for the free use of residential premises (apartment) from the state. This social group includes large families, orphans, the disabled and the elderly.
Why do you need a free use agreement?
In practice, an agreement on the free use of an apartment is concluded between the lender and the borrower in order to officially formalize the residence of relatives or friends of the owner of the property in the residential premises.
Quite often in such cases such an agreement is not concluded at all, and the agreement between the parties is oral. It is worth noting that a written agreement has many advantages and reduces the risks of the parties, since a written agreement:
- allows you to record all the conditions for using the residential premises and eliminate the occurrence of disputes and conflict situations in the future;
- establishes payment for utilities and other payments;
- guarantees the safety of the property transferred under the contract or compensation for damage in the event of its loss or damage by the tenant;
- is the basis for registration of the borrower at the place of residence.
In addition, in the absence of a signed agreement on free use, the question may arise that the residential premises are illegally rented.
As practice shows, quite often an agreement for the free use of housing is used by tenants instead of a lease agreement in order to avoid taxation of the rent received.
However, concluding such an agreement also carries risks for the landlord himself, since he has no legal grounds to demand payment from the tenant for the use of the transferred housing. This deprives him of the right to defend his interests in court if the tenant does not pay the rent.
How to expel a person from an apartment without his consent, find out in what cases this is possible.
Details of registration of a lease agreement for non-residential premises.
Early termination of the agreement
The owner of an apartment, transferring it for free use to a tenant, has the right to terminate the agreement if the tenant:
- Uses the property transferred to him for other purposes or in violation of the terms of the agreement;
- Fails to maintain the property in proper condition or significantly worsens the condition of the property transferred to him.
A tenant who has received an apartment for free use may also refuse to comply with the terms of the agreement if:
- deficiencies were discovered that interfered with the normal use of the apartment, which the borrower was not aware of when concluding the agreement with the lender;
- the property transferred under the contract turned out to be in unusable condition;
- the rights of third parties to the transferred housing were discovered;
- the lender failed to fulfill its obligation to transfer the residential premises.
The agreement can also be terminated by either party, provided that the other party is notified in writing one month before the proposed termination. The contract may stipulate a different period for notification.
This is what a sample agreement for the free use of residential premises looks like:
According to the agreement for further printing and use in .doc format, two more appendices are also attached to the agreement: acts of acceptance of the transfer of the apartment upon move-in and eviction of the borrower.
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Agreement for free use of an apartment: features
Legislation, namely paragraph 2 of Art. 689 of the Civil Code of the Russian Federation indicates that the requirements for concluding an agreement for the gratuitous use of residential premises (apartment) are exactly the same as for those documents that require rent. Thus, the following information must be indicated in the standard form:
- The subject of the agreement itself, that is, it must be clearly indicated what kind of real estate the lender is going to transfer to the borrower. Thus, it is possible to transfer apartments, as well as land plots and buildings on them (Civil Code of the Russian Federation, Article 607);
- There must be an indication of the nature of the transaction, that is, it is indicated that the property is being transferred free of charge;
- The document must name all parties to the contract. If there are several property owners (including minors), all of them must be indicated. Each participant in the transaction must be provided with a copy of the document;
- Rights and obligations of the parties, as well as their responsibilities;
- Termination conditions and effective dates. Such a document can have legal force from several months to tens of years;
- Where and when the specified document was concluded. Dates of signing the document by each owner and borrower;
- Signatures of the parties;
IMPORTANT! If the lender did not give permission to improve the living space, then he may not reimburse the borrower for the funds spent.
Is gratuitousness always beneficial?
Is an agreement for the free use of an apartment always beneficial? Speaking about the advantages and disadvantages of the gratuitous form of disposal of premises, we can draw the following conclusion.
If you still cannot do without such a form, it is more reliable to formalize legal relations with the participation of a notary and transfer of the premises for use under a deed.
Especially if the agreement is drawn up between strangers, a large family or a person with limited legal capacity is moving into the apartment.
You can learn about some aspects of applying the right to free use of real estate by watching the video:
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Discussion: 6 comments
- Valeria says:
07/07/2017 at 00:57Of course, it is advisable to conclude an agreement on free use; if you change your mind, you should be able to do so legally. On the other hand, the person who will use the premises will be sure that it is free of charge.
Answer
- Natalya says:
07/15/2017 at 12:32
Personally, it’s somehow strange for me to read about free use agreements. No, when a legal entity rents out a legal entity, then this is understandable, but when you let a relative, friend or girlfriend stay, you won’t even dare to mention some kind of agreement. And those you don’t trust shouldn’t be allowed into your living space. It's simple. A friend lived with us for a month for family reasons - they just gave us the keys and agreed on a time frame. And everything was fine. What other agreement is needed?
Answer
- Dina says:
07/20/2017 at 07:54
Contract or not, some kind of document needs to be drawn up. For example, some kind of obligation that the person whom you allowed to use the premises (apartment) free of charge will pay for utilities.
Answer
- Vasily says:
08/13/2017 at 13:46
It seems to me that it is better to conclude an agreement. Because in this case, you will know for sure that the rent will be paid by the person who lives in the apartment. In addition, nothing will wear out or break.
Answer
- Dudarev Fedor Vladimirovich says:
04/20/2018 at 14:16
The regulations for concluding agreements are established by Chapters 34 and 36 of the Civil Code, I know this, but it is not being implemented! And no one is interested in your chapters 34 and 36 of the Civil Code. That's the problem!
Answer
- Sergey Petrovich says:
08/13/2020 at 03:46
My parents gave their dacha to a friend of mine to use free of charge while they themselves went abroad to work for three years. So then nothing remained of this dacha. And there is no one to ask, because the contract was not concluded, even though it was free of charge.
Answer
What features need to be taken into account
Drawing up a contract involves setting terms for the use of real estate. If the document does not indicate a specific date, then it is considered unlimited. If a date is specified, termination may follow upon its arrival. There are two types of such documents: when the transfer of premises is carried out between individuals and when the invisibility belongs to a legal entity. The composition will be different in both cases.
Individuals:
- The agreement can be in oral format, then the services of a notary will not be needed;
- The borrower, if desired, can register in the apartment (only if there is an agreement);
- The agreement can be concluded by proxy;
Legal entities:
- The company does not have the right to enter into such a document with its owner or chairman;
To fill out the form and have it certified, a transfer acceptance certificate is required, which must indicate that the condition of the property satisfies all parties.
Agreement for free use of an apartment: signing
To conclude such an agreement you need:
- From the lender: documents confirming ownership rights, passport;
- From the borrower: passport;
- Certificate of acceptance and transfer of premises;
ATTENTION: Minor owners of residential premises must be indicated in the contract. The legal representative signs for them.
You can take any standard agreement for the free use of residential premises (apartment) as a sample filling. You just need to enter your data and print it out.
Early termination of a contract for the gratuitous use of residential premises
In accordance with Art. 698 of the Civil Code of the Russian Federation, an agreement for the gratuitous use of residential premises can be terminated unilaterally if the borrower:
- uses the residential premises transferred to him for other purposes;
- does not fulfill his duties to maintain the property and keep it in good condition;
- carries out actions that significantly worsen the condition of the premises;
- transferred an apartment (cottage, house) to third parties without the consent of the owner.
At the same time, according to paragraph 2 of Art. 698 of the Civil Code of the Russian Federation, the grounds for demands from the borrower to unilaterally terminate the agreement for gratuitous use early may be:
- discovery of deficiencies about which he was not informed by the owner of the property, and which make the normal use of the property impossible or burdensome;
- the occurrence of circumstances for which the borrower is not responsible, but these circumstances make the property unsuitable for habitation;
- discovery of the rights of third parties, about which the borrower was not informed when concluding the agreement.
In accordance with Art. 699 of the Civil Code of the Russian Federation, both parties to the agreement have the right to refuse the agreement for gratuitous use, which was concluded without specifying the validity period. In this case, one party must notify the other party of termination of the agreement no later than 1 month in advance. In cases where, upon early termination of a contract for gratuitous use at the request of one of the parties, the other party to the agreement has objections, this issue is resolved in court (Article 450 of the Civil Code of the Russian Federation). In addition to the above-mentioned reasons for early termination of a contract for gratuitous use, an essential basis for termination of the contract is the death of the borrower (Article 701 of the Civil Code of the Russian Federation), in this case the law excludes the transfer of the right of use to heirs or legal successors. In the event of the death of the lender (owner of the premises), his rights and obligations are transferred to the heir along with the rights and obligations determined by the agreement for gratuitous use, and the property, in turn, as the subject of the agreement, remains burdened with the rights and obligations of the borrower.
Agreement for free use of residential premises sample
