Apartment rental agreement between individuals

How to draw up an apartment rental agreement between individuals in 2021?

For many citizens of the Russian Federation, renting an apartment is the only option to resolve their housing problem. Therefore, they have to deal with the need to competently design a residential premises

Renting an apartment is considered one of the ways of temporary residence. At the same time, the parties to the transaction are required to obtain guarantees:

for use of the apartment.
On timely payment for hire.
Safety of property located in the apartment.

To do this, you need to draw up a DAK, which stipulates all the conditions.

The DAK is a document that establishes the relationship between counterparties, displaying the algorithm for the provision of housing and its use for the period specified in the DAK.

An agreement can be drawn up both between individuals and with a legal entity, on the one hand. Today you can find situations where a company rents housing for its staff. In this option, the document is signed by the company and the rent is paid by it.

( Video : “Apartment rental agreement between individuals.”)

The key features of a YES apartment are:

Mandatory availability of written form (p. 609 of the Civil Code of the Russian Federation).
Temporary nature of the agreement. The document is drawn up for a certain period, which cannot be more than 5 years.
Compensation agreement. The DAK displays the terms of the rent, including the payment schedule, their amount and composition (for example, payments for housing and communal services).

After the completion of the specified period in the DA, the tenant is obliged to return the object to the lessor in its original form.

A lease agreement refers to a bilateral agreement, thanks to which the rights of both parties are protected. Therefore, to minimize risks related to fraudulent schemes and property damage, it is recommended that such a document be completed. Oral agreements are unlikely to protect the parties to the transaction from potential losses.

Practice shows that most DACs are signed for a period of up to 11 months. This is due to the fact that when signing a DA for a period of one year or more, the transaction will need, according to the law of the Russian Federation, to be registered in Rosreestr and state duties and taxes must be transferred.

A mandatory annex to the DAK is the acceptance certificate for the apartment, signed by the parties twice: the first time when transferring the property for rent, the second time when returning the property to the owner, after the end of the rental period. The act requires a detailed description of the parameters of the rental property, indicating its condition and appearance, including furniture and household attributes.

It is especially necessary to check property that has flaws and technical faults. All comments are reflected in the acceptance certificate, after which the document is signed by the parties to the transaction and the tenant is given the keys to the apartment.

When forming a DAC, you will need to meet the following requirements:

According to Art. 671 of the Civil Code of the Russian Federation, when a DA is executed between individuals, the object is leased, and the parties to the agreement will be called “Landlord” (owner of the property) and “Tenant”.
When forming a DAC between legal entities. person and individual parties YES are the Lessor and the Tenant.
There is no approved DAK template in the legislation of the Russian Federation. However, such a document must contain essential points that are mandatory.
There should be no corrections or cross-outs in the completed DA. The text must be written correctly, without grammatical errors and double interpretation of the terms of the transaction.
The agreement can be drawn up on a simple sheet of paper, A4 size, and written by hand or printed. The second option is preferable.
The document will receive legal force and become valid only if it is properly executed in compliance with the rules established in office work.
The transfer of living space for living is carried out after the signing of an acceptance certificate drawn up by both counterparties and signed by them.

To correctly draw up the contract, you will need to fill out, first of all, the essential sections of the document, which are:

Preamble, which contains information about counterparties.
Subject of the agreement.
Rights and obligations of the parties to the agreement.
Payments and settlement procedures.
Responsibility of the parties.

Start filling out the document:

From its name, in this case, “Apartment Rental Agreement”.
Below is the place and the date it was filled.
Then the preamble is stated, with the designation:
FULL NAME. counterparties.
Their passport details, indicating registration information.

All information about the participants in the transaction must be reliable and confirmed by passport data.

Is the contract obligatory?

The document is drawn up on a voluntary basis, all conditions are discussed by individuals - participants in the lease transaction, that is, a clearly established form is not approved by the legislation of the Russian Federation. But a written document allows you to discipline both parties - without it, the rights of the landlord and the tenant are not legally protected.

The document fixes the responsibilities of the participants, the rental period, the amount of payment and other conditions. The lessor receives guarantees of timely transfer of money to him and preservation of the property in proper form. The tenant has confidence that he will not be evicted earlier than the specified period, will not be presented with unreasonable claims for damage to things, or will not increase the rent. The agreement allows us to provide for various nuances and avoid conflict situations and litigation.

Draw up any agreement for free using a special agreement designer from ConsultantPlus.

Subject of the agreement

This section is relevant. Here you will need to display the characteristics of the rented living space with the designation:

1) Addresses of living space.

2) Number of rooms.

3) Total area and other parameters for identifying housing.

4) If rooms are rented together with furniture, then this should also be noted by indicating in a separate document a list of property located on the living space.

5) It is also required to note the start and end dates of the hiring.

Details of title materials for the object being rented out can also be displayed here, including:

Possibility/impossibility for the tenant to sublet housing.
The right to keep pets.
Permissibility of smoking in rooms, etc.

Note. The duration of the DAC cannot be more than 5 years.

Rights and obligations of the parties

The general rights and obligations of counterparties when registering a lease are reflected in Chapter. 35 of the Civil Code of the Russian Federation, therefore, in the form to be filled out, when displaying this section, you can provide a link to this chapter of the code. Thus, each party to the contract has a set of rights and obligations. Here you need to note everything that does not contradict the current legislation of the Russian Federation.

Let's consider the rights and responsibilities of each DA participant.

Landlord

The owner of a residential premises is obliged to:

Transfer to the tenant the living space, the condition of which must be suitable for habitation.
After signing the DAK, the landlord does not have the right to prevent the tenant from using the living space, for example, by forcibly turning off the power supply, changing locks, or other actions.
Carry out major repairs in rooms in accordance with the Civil Code of the Russian Federation. At the same time, this action can be changed if it is specified in the DAK.
Bear the costs of maintaining the building where the apartment is located.

The rights of the lessor are as follows:

The apartment owner has the right to demand that the tenant comply with the conditions specified in the DAK.
The right to periodically check the condition of the living space, agreeing with the tenant in advance on the time of the visit.

Employer

The tenant of the residential premises is obliged to:

Use housing only for living and timely make all payments specified in the DAK.
Use housing, furniture and kitchen utensils in accordance with the DAK.
Make timely payments for the use of living space, as well as payments for housing and communal services, if this is specified in the DAK.
Provide access to the Landlord to check the condition of the premises.
Carry out routine repairs on the living space entrusted to him.
If items located in the apartment break down, compensate the owner for the damage, or repair it yourself. The amount of damages caused is determined by mutual agreement by drawing up an act. If one of the parties to the agreement refuses to sign such an act, at least 2 witnesses are invited.
At the end of the lease, return the apartment to the landlord in its original condition and without any debt for housing and communal services.
The return of the apartment to the owner is accompanied by an acceptance certificate.

The employer does not have the right:

Carry out room redevelopment or reconstruction.
Sublease housing or property unless permitted by contract.
Use the living space for commercial operations.

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.

__________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________

Payments and settlements

This block displays the terms of rent for living space and the amount, with the designation:

Currencies (in rubles).
Monthly payment deadline.
Frequency of payment.
Also, in the block you need to indicate the amount of the advance payment or deposit, which is equivalent, in most cases, to a monthly rent payment.
The conditions for payment for housing and communal services are also noted here. If the DAK states that the employer pays for housing and communal services, then in this option, the terms and details for the transfer of funds are indicated.

Responsibility of the parties

Any contract must stipulate the responsibility of the counterparties, which must be borne by the participant in the transaction, for failure to fulfill the terms of the contract. This section of the document specifies the extent of liability for ignoring contractual terms, including:

With the designation of penalties in case of delay in payments specified in the DAK.
Compensation for damage to the owner of the property in case of damage to furniture or other attributes leased.

Also, in this block you can note the conditions and procedure for breaking the rental relationship or the conditions for changing the YES.

Samples

Samples of DAK can be concluded both between individuals and between individuals when the counterparty to the transaction is an institution. The form and structure of these documents, regardless of the status of the parties, is not much different from a standard contract.

Below are samples of DAK with different rental requirements.

Sample apartment rental agreement between individuals

Where to place an ad

Of course, on the most popular sites on the Internet (all other advertising platforms - TV, newspapers, etc. - are no longer popular). Text and photographs are posted on the largest portals. To understand which site is visited by a large number of users, just type a popular search query, for example, “Rent an apartment in Moscow,” and then see links on the 1st page of the TOP results.

However, on almost all portals the services for posting advertisements are paid, otherwise the text will be lost on the last pages of the search. Therefore, another good option is posting on social networks - thematic groups with a large number of users (several tens of thousands of people). You can also make a paper announcement by sticking samples on boards in the same area. But you will need to constantly ensure that no one interrupts them, so this option is less effective.

Sample apartment rental agreement with property inventory

The distinctive nature of such a DAC is that additional annexes are attached to the document, listing a list of items that are transferred to the tenant along with the housing. That is, if the living space is rented out with furniture, household appliances and other attributes, then in this option, in addition to the DAK, you will need to draw up an inventory of the items being transferred, which will become an appendix to the contract. The DAK will acquire legal status only after the parties have signed the agreement, the DAK itself and all annexes (the acceptance certificate and the list of transferred items).

Otherwise, the form and structure of such a document does not differ from the previous DAK between individuals.

Making a list of benefits

First of all, you need to highlight the advantages of living in your apartment. These are the points that are important for almost every person when choosing housing:

Location (distance from the metro, significant places, public transport stops).
Short-term/long-term rental.
Availability of furniture and household appliances in the apartment.
General condition of the living space (how long ago the renovation was done).
Floor (first/last or other floors).
Corner apartment or not.
Availability of a balcony/loggia.
Availability of additional expenses (utilities, Internet, etc.).
Infrastructure of the area (proximity to schools, kindergartens and playgrounds, shops, etc.).
Area safety.

Other benefits that are relevant for each specific apartment can be added to this list.

Sample apartment rental agreement with payment of utilities by the tenant

In most cases, when forming a DAC, services for the use of cold and hot water, as well as other services provided, are paid by the Tenant, and the remaining housing and communal services (heating, telephone and other services) are paid by the owner of the apartment. But, sometimes, when registering a YES, it turns out that the owner of the property is not able to provide payment for housing and communal services and the housing and communal services agency has excluded the apartment from providing such services. Consequently, in order to ensure residence in a residential building, you will need to draw up an agreement with a municipal institution, which provides for the payment of all housing and communal services.

In this option, a DAK is drawn up, the form and structure of which does not differ from a standard contract between individuals, with the exception that the obligation to pay for housing and communal services rests with the Tenant in full, which must be reflected in the contract.

In addition, in order to connect all housing and communal services to the apartment, the Tenant will need to sign a contract with the utility company to pay for housing and communal services, thanks to which the following will be connected:

Heat and water in the apartment.
Engineering systems.
Gas supply.
Cleaning the local area.

Considering that the contract is drawn up with a legal entity. person, the tenant, in these circumstances, acquires the status of a Tenant.

Ready-made ad samples

When writing ad texts, it is important to consider that they should be as short as possible, but succinct. All information can be presented literally in 5-7 sentences, i.e. the finished text should visually look like 1 (maximum 2) paragraph.

When creating an ad, you can use the following samples:

Sample apartment rental agreement with a deposit

When registering a DAK, sometimes the landlord may require, to confirm the seriousness of intentions, an advance payment or a deposit.

The definition of pledge is regulated in Art. 334 Civil Code of the Russian Federation. This provision is a type of security deposit. This measure is a guarantee for the homeowner if the tenant unexpectedly moves out of the apartment without paying the rent, or in the event of a property breakdown due to the fault of the landlord. Typically, the deposit amount is equal to the monthly rental payment.

The pledgee has the right to retain the pledge if this is reflected in the DAC. However, in most cases, if the owner of the property receives the apartment at the end of the transaction in its original condition without any comments, the deposit is returned to the tenant.

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Agreement to an apartment rental agreement between individuals

Add. an agreement to the DAK, as a rule, is drawn up if one of the counterparties has expressed an intention to change the contractual terms and the second has agreed with such amendments. Add. the agreement is aimed at resolving disagreements on the DAK and can be signed if both participants in the DAK come to mutual agreement. Such a document, after its signing, receives fully legal status and is considered an integral part of the main DAK.

Both the owner of the living space and the tenant have the right to propose changes to the conditions of the DAK, but additionally. the agreement will become valid only after it is signed by both counterparties. This document is drawn up in 2 copies - one for each participant.

If the agreement is registered in Rosreestr, you will need to draw up a 3rd copy and provide it to Rosreestr.

The most common reasons for registering additional agreements include:

Changing the rental payment amount or payment schedule.
Unforeseen rupture of the main DAC by one of the parties to the transaction.
Moving additional persons into the rented living space.

The procedure for completing additional agreements, as well as the basis for its formation during the rental period of the apartment, is regulated by the Law of the Russian Federation No. 122-FZ and Art. 453 Civil Code of the Russian Federation.

Note : According to paragraph 1 of Art. 452 Civil Code of the Russian Federation, add. the agreement is drawn up in the same form as the main DA. According to paragraph 2 of Art. 674 of the Civil Code of the Russian Federation, the restriction of ownership of an apartment that appears as a result of registration of a DAC for a period of more than one year is certainly registered in Rosreestr.