Any individual has the right to rent residential premises for living. Along with this, it is obliged to enter into a commercial rental agreement for residential premises, which is fundamentally different from a rental agreement. Depending on its owner, a citizen can count on housing space with the conclusion of a social rental agreement, or a commercial one. The latter occurs in the case of ownership of the said housing by a private owner or a municipal authority.
What is commercial rental housing?
Renting a residential premises is a type of lease when the owner transfers it for temporary use to an individual - the tenant. The terms of a kind of lease can be based on free use of a house, apartment, or on the basis of a paid agreement.
The legislation does not regulate a commercial lease agreement with special factors; therefore, the registration procedure occurs in any form. Of course, this does not mean that everything is left to chance. Each party to a written agreement - a concordat - resorts to articles of the country's Civil Code, which stipulate the rules for hiring social housing stock.
This systematized legislative act means by hiring, the temporary provision of housing space to the tenant and members of his family. The concordat for the commercial rental of residential premises is of a paid nature, which is stipulated by the articles of the code.
This type of rental has the following features:
- the owner of the building or his notarized authorized person has the right to act as a landlord;
- the intended purpose of this category of legal relationship is the exploitation of real estate exclusively for family residence; the rental agreement for residential premises does not provide for commercial use;
- The employer under an agreement in this category can only be an individual individual.
The latter is explained by the fact that legal entities and corporate clients have the right to take out real estate for temporary use only on a lease basis.
The right of ownership, possession of real estate provides the entire range of powers at the disposal of its owner, including the right to draw up a concordat. The tenant is deprived of this opportunity due to the lack of property rights, which is determined by the inability to rent out the apartment to third parties.
The main difference between a commercial rental agreement and a social one is that the first is characterized by a compensation basis, which is absent in a social contract. The remuneration basis involves payment for accommodation by the tenant under the terms of a commercial rental agreement. The lessor under this type can be any person on the territory of the Russian Federation who has the right of ownership.
Such entities may be:
- private individuals;
- legal entities of various forms of ownership, private entrepreneurs;
- local government bodies.
The state itself, which has granted the necessary powers to a specific organization, also has the right to act as a lessor.
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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| Elena | 08/08/2015 at 09:13:15 everything is short and concise |
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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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| 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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| 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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| 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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| 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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| 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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| 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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| Eugene | 01/29/2017 at 08:57:08 Thank you. Very useful |
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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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| Julia | 09/05/2017 at 13:27:08 everything is very accessible and understandable, thank you |
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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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| 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 |
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| 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”. |
Reply 0
| 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 |
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| Svetlana | 09/01/2019 at 21:21:16 Clear, understandable, and most importantly short. Thank you very much. |
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| 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. |
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| LYUDMILA | 02/11/2020 at 12:20:15 Thank you for a well-written document. |
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| 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! |
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| Olga from Simferopol | 07/30/2020 at 20:59:57 Thank you, everything was useful! |
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| 5 Eugene | 08/12/2020 at 11:56:47 Thank you, everything is clear and simple! |
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| 5 Anna | 08/23/2020 at 19:59:43 Thank you, it’s short and succinct and everything you need is taken into account. |
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| Svetlana | 08/25/2020 at 09:14:07 everything is clear and simple. Thank you. |
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| 5 Sanya | 09/08/2020 at 09:51:14 thank you useful b b |
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| 5 Olga | 06.11.2020 at 10:20:48 Thank you very much |
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| 5 Catherine | 11/10/2020 at 21:01:38 The contract is detailed and to the point. |
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| Elena | 11/13/2020 at 08:03:31 Thank you, very useful |
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| 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! |
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| Valentina | 01/28/2021 at 18:58:08 good contract, everything is clear and understandable |
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| Marina | 04/07/2021 at 14:34:31 Thank you, it’s like a lifesaver when you don’t have time for long thoughts. |
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| 5 zhora | 05/07/2021 at 15:24:18 cool, everything is clear and understandable. peace and goodness to all believers) |
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| Elena | 05/31/2021 at 13:03:05 thanks, great example |
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| 5 Sonya | 03.12.2021 at 14:29:39 Thanks for saving your time! Very informative and without unnecessary hassles. |
Legal nature of a commercial lease agreement
When considering the described concordat, attention should be paid to some legislative acts, the main ones of which are:
- The Civil Code of the Russian Federation, which regulates the general procedure for leasing and concluding an agreement;
- The Housing Code, which defines the main aspects of renting real estate;
- Federal legislative acts, decrees of the Government of the Russian Federation.
The listed documents emphasize that a commercial lease agreement for an apartment or another building is an agreement under which one person - the lessor, the owner of a residential building, or his authorized notary person - is obliged to transfer residential real estate to another person - the tenant for a predetermined fee for temporary use for living. This identification means that this type of contract is mutual, reached by consensus.
The mentioned parties to the contract for the commercial rental of residential premises have the right to independently determine its duration, size, conditions for making payments for the building, distribution of functions for its repair, and other formal aspects.
The category of concordat - agreements on the rental of a building is determined by the following types of contracts:
- apartments in a single or multi-storey building;
- residential detached house;
- separate room of the apartment.
The conclusion of agreements of this kind does not require any administrative and legal prerequisites in the form of a decision by an authority or the state in the queue for housing.
The lease agreement is consensual in nature, bilateral, compensated and fixed-term. It is concluded by a written contract of a certain form that does not have a standard sample. At the request of the two parties - the counterparties, additional conditions can be included here, for example, the right to use the adjacent land plot. Its dimensions and boundaries are also specified.
According to the terms of the State Civil Code, an agreement of this type can be:
- short-term rental deal - up to 12 months;
- long-term - up to 5 years.
Of course, this does not mean that after living in rented housing for five years, a family is automatically deprived of the right to further exploit it. The tenant has the right to extend the commercial lease of residential premises for a period of up to 5 years, in the absence of claims from the tenant.
The difference between this concordat and the social one is that the first one is concluded for a certain period. However, the maximum period of its validity is five years. If a long-term agreement does not indicate its duration, it is considered to be concluded for 60 months, which is stipulated by the article of civil legislation. This aspect does not apply to a short-term concordat, since it can be signed for a shorter period than 12 months.
Legal basis
The entire procedure regarding the use of housing on a paid basis is regulated by the norms of the Civil Code of the Russian Federation. Chapter 35 of this regulatory act contains the entire algorithm for such a procedure. It stipulates the very concept of a lease, the process of concluding an agreement, and also reflects all the rights and obligations of the parties to the transaction and the procedure for fulfilling the obligations assumed by the parties, amending the agreement and canceling the relationship. But the Civil Code of the Russian Federation is not the only legal act regulating such a procedure.
Essential terms are reflected in the agreement itself, for example, the cost of temporary use of the facility. That is, this document also acts as a legal basis, since many articles of Chapter 35 of the Civil Code of the Russian Federation make reference to its conditions.
How to draw up a contract: main points and nuances
Registration of relations takes into account some requirements established by civil law. These include establishing the characteristics of the transferred property, which must meet the following requirements:
- According to the terms of the contract, the rented area must be separated by building structures and equipped with independent access to the street;
- the area of the building must be suitable for long-term living and comply with the articles of housing legislation;
- Not only the entire area of housing, but also an isolated separate part of it can be leased.
Based on the foregoing, it should be concluded that the object of a contract of this type may be a private house, apartment, or some part thereof, as determined by the rental agreement for residential premises. Moreover, how much a commercial rental of housing costs is also agreed upon by both parties.
Commercial and social hiring: what are the differences?
- Commercial rental can be used for any residential property. Social hiring presupposes the possibility of using objects included only in the municipal or state fund.
- Social hiring involves the drawing up of contracts for an indefinite period. In this case, a commercial lease is concluded for a period of no more than five years, after which the contract must be re-signed if desired.
- Commercial hiring always involves voluntary interaction between two parties. In case of social hiring, relations can be based on an administrative act, which is formalized by state or local authorities.
- On the basis of social rent, you can use benefits for rent, and preferential conditions apply to each resident based on the Housing Code of the Russian Federation. Commercial rental does not imply rationing of living space and limiting the amount of rent, and the parties must stipulate in the signed document all the important nuances of their interaction.
- A social tenancy agreement can only be signed by close relatives. Commercial contracts allow interaction even between strangers who do not have any relationship with each other.
- The social contract involves the provision of other housing suitable for living in the event of eviction. Commercial relationships do not include assistance in finding other accommodations.
Documents for registration
When drawing up an agreement, counterparties must have the following documents with them:
- civil passports or other identification documents, birth certificates of their children;
- certificate of ownership of this property, confirmed by an extract from the state register;
- tenancy concordat, protocol of acceptance and transfer of living space.
Mandatory registration of long-term leases with Rosreestr will require a pay slip confirming payment of the state duty. Short-term concordats are not subject to registration.
Housing use
The process of living in a rented premises is determined by the housing contract, which also determines compliance with the law. The opposite may affect the early termination of the concordat with forced eviction. The main responsibilities and rights of the employer are fixed by the Civil Code, such as:
- use the property strictly for its intended purpose - for living;
- ensure the proper condition of the rented area;
- make timely payments for the use of the premises.
It does not ignore the restrictions on construction work and redevelopment of the area without the permission of the tenant. However, the contract may have a lease with subsequent purchase, which is agreed upon by the parties when signing it.
The listing of subjects of residence gives the latter a legal place of registration, which is useful for visiting the migration department. Failure to register will entail administrative liability.
If counterparties properly perform their duties, the law provides for the tenant a pre-emptive right to extend the tenancy concordat after its expiration. It is also possible to buy an apartment for commercial rent, which must be reflected in this concordat.
Rights and obligations
According to the requirements of the law and the terms of the concluded agreement, the parties to the transaction acquire rights and assume certain responsibilities. This applies to both the user and the owner of the object.
Landlord
The responsibilities of the party providing accommodation include the following:
- Transfer to the interested person an object that meets the requirements of legal acts.
- Carry out proper operation of the building in which the apartment or room is located.
- Provide the tenant with utility services on a paid basis.
- If necessary, carry out major repairs of the facility.
- No later than three actual months before the end of the agreement, offer the tenant to conclude a deal on the same or new terms, or inform the resident about the termination of the lease. It should be noted that in the latter case, the owner must undertake not to transfer the premises to other persons for use over the next twelve months.
The rights of the lessor include:
- Refurbishment of premises. If such a procedure significantly changes the operating conditions of the housing, for example, the heating or ventilation system is replaced, then the consent of the tenant is required.
- It is prohibited to move in temporary residents if this violates the established minimum area per person.
- Refusal to allow other persons to move in. This rule does not apply to children under the age of majority. The owner's consent is not required for them.
The landlord also has the right to demand from the user timely payment for housing and provided utilities.
Employer
The user's responsibilities include the following:
- Use the provided housing for its intended purpose, within the terms of the agreement.
- Ensure the safety and maintain the proper condition of the occupied premises.
- Perform routine home repairs, if necessary. If deficiencies arise due to the fault of the owner, then in the future it is possible to compensate for the costs at the expense of the owner.
- Make timely payments to the landlord for the use of the premises, as well as pay for the provided utilities.
- After the expiration of the contract or its early termination, immediately vacate the property.
Resident rights include:
- Use the occupied premises for your residence and family members.
- Move in other persons with the consent of the owner. This rule does not apply to minor children.
- With the consent of the owner, refurbish or reconstruct the property.
- Sublease the occupied premises or part thereof to third parties. This is only possible if the employer responds positively.
Also, after the expiration of the contract, a person has a preferential opportunity to conclude a new agreement. This rule does not apply to relationships whose period is less than twelve months.
Termination of an agreement
Such termination of a commercial rental agreement is regulated by the rules of civil law. Unilateral termination by the employer will not require the indication of any reasons for such an action. He can notify the owner of the building about this three months in advance.
Termination by the lessor will result in confirmation of circumstances for him, such as:
- delay in payments for a residential building during the last six months for a long-term lease, or two months for a short-term lease;
- intentional damage, improper care of the rented area, which is a violation of preliminary obligations.
Having the listed confirmed grounds, the owner has the right to demand the release of his property. Failure to voluntarily comply with this requirement will serve as a precedent for forced eviction through the courts. Of course, then the tenant will have to forget about the contract with the subsequent right to purchase the residential premises, if one exists.
