Sample rental agreement for residential premises in 2021

Renting an apartment is a form of temporary residence. At the same time, the parties to the agreement must have guarantees regarding the use of residential premises and receipt of payment for it. To consolidate oral agreements between individuals, it is necessary to draw up a rental agreement for residential premises. Below is a form and sample for renting out an apartment between individuals in 2022. They can be downloaded and printed in Word format.

Important! Before drawing up an agreement, you need to know how to correctly name the agreement itself and the participants in it.
In accordance with Art. 671 of the Civil Code, if the parties to the agreement are only individuals , then the residential premises are transferred for rent and an apartment rental agreement is concluded. Accordingly, the parties to the agreement will be the Landlord (owner of the apartment) and the Tenant.
If at least one of the parties to the transaction is a legal entity , then an apartment rental agreement is concluded, where the parties are the Landlord and the Tenant.

Concept - contracts

It should be noted that according to the legislation of the Russian Federation, there is a difference between the rental of residential real estate and its rent, which is regulated by various articles of the Civil Code of the Russian Federation.

The rental provisions are shown in Chapter. 34 (Articles 606-670) of the Civil Code of the Russian Federation.
The hiring regulations are described in Chapter. 35 (Article 672 -688) of the Civil Code of the Russian Federation.

Therefore, before executing such agreements, it is recommended to study the provisions of the listed articles of the Civil Code of the Russian Federation.

Legislative norms on rental provide for the possibility of transferring a residential building for a certain fee for living in it, however, if the residential building is transferred to a legal entity. person, then in this option a lease agreement is drawn up for a building that is not intended for residence.

Art. 673 of the Civil Code of the Russian Federation regulates that:

The object of renting residential real estate can be a separate building in which you can live. This could be a private house, apartment or room.
The suitability of real estate for habitation is regulated by housing legislation.
The tenant of residential real estate in a multi-storey building, along with living in the dwelling, has the right to use the property located in the rented apartment (Article 290 of the Civil Code of the Russian Federation).

Need for government Registration of a contract for the rental of a residential property is regulated by Art. 674 of the Civil Code of the Russian Federation, which states that:

The rental contract must be drawn up in writing.
An encumbrance on the right to own a residential property that arises as a result of renting it out for a period of more than one year requires the state. registration.

Hiring in the hostel

Municipal housing

Subletting is provided for in Article 76 of the RF Housing Code. To conclude an agreement, you must contact the owner of the premises (local government authorities) to obtain written consent to provide housing.

To do this, you need to draw up an application and send it to the head of the local administration. This document must be signed by all persons indicated in the previously concluded social rental agreement, as well as by the intended employers.

Individual

A peculiarity of drawing up a lease agreement in relation to part of the property, including a room in a dormitory, is the need to comply with the requirements of Article 673 of the Civil Code of the Russian Federation, according to which the rented premises must be isolated.

The agreement is subject to requirements in accordance with Article 35 of the Civil Code of the Russian Federation. If there is more than one owner, it is necessary to obtain the written consent of each of them .

Permission from neighbors, the management company or other authorities is not required; the owner has the right to independently and fully dispose of the property he owns.

The contract must contain a separate clause describing the conditions for using common areas—toilet, bathroom and kitchen.

Sublease agreement for a room in a communal apartment provided under a social tenancy agreement
Rental agreement for residential premises (rooms) in a student dormitory

Subject of the residential lease agreement

According to paragraph 1 of Art.
671 of the Civil Code of the Russian Federation, the rental of residential real estate is carried out by transferring the owner of the object (landlord) to another party (tenant) of a dwelling for a certain period for living in it for a negotiated payment. The subject of such an agreement may be real estate that meets the requirements of SNiP and is legally recognized as a residential property. The Civil Code of the Russian Federation notes that a residential property must be independent and suitable for habitation (Article 673 of the Civil Code of the Russian Federation).

The subject of an agreement for the rental of social housing cannot be an uninsulated building, a utility room, or common structures in a multi-storey building (Part 2 of Article 62 of the Housing Code of the Russian Federation).

Buildings located in summer cottages and not suitable for habitation cannot be the subject of a residential rental agreement.

The transfer of such buildings for paid use is carried out by concluding a lease agreement.

The subject of contractual relations for the rental of living space may be:

Apartments in multi-storey residential buildings.
Separate rooms in private houses or multi-storey apartments.

In multi-storey buildings, not only apartments or rooms, but also other property (Articles 290 and 673 of the Civil Code of the Russian Federation), including:

Load-bearing structures of the building.
House equipment inside or outside the rented apartment (electrical wires, sewer system, heating structures, etc.).

Contractual relations for the rental of housing are formalized only in writing (Article 674 of the Civil Code of the Russian Federation). Failure to comply with this form deprives the parties to the transaction from appealing in case of conflict situations regarding failure to fulfill contractual terms by any of the parties to the transaction.

Note. If the owner of the living space has changed, the rental agreement must remain on the same terms.

Parties

The parties to the rental agreement are the tenant (the one who receives the property for temporary use) and the lessor (the owner of the premises).

The lessor can be any of the subjects of civil law who has the appropriate rights to the property and is legally capable.

Attention! According to Article 677 of the Civil Code of the Russian Federation, only a legally capable citizen who is an individual can act as an employer in this transaction.

Legal persons cannot use premises for living; they are only entitled to transfer the received housing for the use of citizens (in accordance with Article 671 of the Civil Code of the Russian Federation).

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).

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Rights and obligations of the parties

After formalizing the contractual relationship for renting a home, each participant in the transaction is endowed with certain rights and obligations that they will certainly have to comply with.
Thus, the responsibility of the landlord includes:

Transfer to the tenant of the rented home in a suitable condition for habitation. The suitability of a home for habitation is regulated by the standards of the Housing Code of the Russian Federation.
Monitoring the operation of a rented residential apartment, providing utilities to the tenant for a negotiated fee, participating in the repair of public property of a multi-storey building and equipment located in the rental housing to provide utilities.
Carrying out major repairs of a rented residential apartment, unless otherwise specified in the agreement.

The Tenant's responsibilities include:

Use of the received dwelling only for habitation.
Monitoring the safety of the premises, maintaining it in good condition.
Timely payment for the use of housing and utilities, unless otherwise specified in the contract.
Carrying out routine repairs of the home, unless otherwise specified in the contract.

Contractual relations for the rental of residential real estate refer to a fixed-term document, with the longest period of cooperation being 5 years. If the document does not indicate the time of its validity, then the agreement will be valid for 5 years.

Contractual relations concluded for a period of less than one year are considered short-term and are not subject to state regulation. registration.

On the eve of the end of the contractual relationship for the rental of housing, the landlord has the right to recommend that the Tenant continue cooperation, or change the terms of the lease, or notify the Tenant of the refusal to rent out housing. Notification is sent no later than 3 months before the end of the contract.

If the Owner does not notify the tenant of the termination of the lease, the contract is considered to be continued for a period equal to the original agreement.

The tenant, with the permission of the owner of the home, has the right to sublease the rented property for the period of the concluded rental agreement (Article 685 of the Civil Code of the Russian Federation).

Contractual relations for the rental of residential real estate can be terminated:

On the initiative of the tenant, with the permission of other persons who live with him, notifying the owner 3 months in advance.
At the owner's request through the court, if:

Rental payments are overdue for six months or more.
Damage or damage to residential property was caused by the tenant or other persons for whom he is responsible.

At the request of any party through the court if the property becomes unsuitable for habitation.
Through the court, if the tenant does not use the home for living.

After the termination of the contractual relationship for the rental of housing, the tenant is obliged to vacate it, otherwise he will be evicted by a court decision.

What other documents are needed?

Receipt

Drawed up to confirm the fact of transfer of funds from the tenant to the owner of the property . The document does not have a strictly established form and must be written by hand. This will allow, in case of disputes, to conduct a graphological examination to prove that the text was written by the landlord.

If the receipt is printed on a computer, it must be certified by a notary.

Find out how to properly issue a receipt.

Record of acceptance

Necessary to confirm the fact of transfer of real estate to the tenant.

Contains information:

condition of the floor, walls, and ceiling;
availability and condition of household appliances;
presence and condition of furniture;
the general condition of doors, window frames and other housing elements;
the number of keys that are handed over to the tenant.

Find out more about the act in this article.

How to draw up a rental agreement for residential premises in 2021

A rental agreement for residential real estate can only be concluded with an individual.
From legal a person can provide housing only upon concluding a rental contract. This document does not require notarization. In this case, the form must be drawn up in writing. The subject of the agreement is a residential property suitable for habitation.

The rental contract must include the following:

Passport details of the parties to the transaction.
The period for which the agreement is drawn up.
The amount of payment for the use of housing.
Payment processing time.
In addition, you will need to write down all the people who plan to move in at the same time as the tenant.

The amount of payment for the use of housing is determined by mutual agreement between the parties to the transaction, based on the condition of the residential property, its location and other factors. Changing payment unilaterally is not allowed. According to Art. 683 of the Civil Code of the Russian Federation, a contract can be concluded for a period of no more than 5 years. It is possible to draw up a housing rental agreement for a period of up to one year.

If the contract does not indicate the date of payment for the rented home, the tenant is obliged to transfer payment monthly no later than the tenth day, after the end of the month (Article 682 of the Civil Code, Article 56 of the Housing Code).

The contract must specify the rights and obligations of both the home owner and the tenant. The tenant is obliged to ensure the safety of the property and its maintenance in satisfactory condition.

Also, he is obliged to pay for the use of the home in a timely manner.

The tenant has no right to rebuild or reconstruct the home without the consent of the owner. The burden of utility payments also falls on the tenant, unless otherwise agreed.
The owner has the right to terminate the rental agreement if:

Damage to residential property.
Twice late payment for accommodation.
At the initiative of one of the parties to the agreement, as well as in the emergency condition of the building or its unsuitability for habitation.

Note. The agreement for the rental of residential real estate can be terminated by any participant after written notification to the counterparty 3 months before the termination of cooperation, unless a different period is specified in the contract.

If the contract does not indicate the duration of its validity, then it is considered valid for 5 years (Article 683 of the Civil Code).

You can get acquainted with the peculiarities of formalizing contractual relations for renting a home by watching the video

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.

Sample rental agreement for residential premises in 2021

Residential rental period

An agreement for the rental of residential real estate can be drawn up for a period of no more than 5 years. If the contract does not specify the duration of its validity, the default term of the agreement is 5 years.

When concluding an agreement up to one year, the rules reflected in paragraph 2 of Article 677, as well as Art. 680, 684 – 686, para. 4 paragraphs 2 art. 687 of the Civil Code of the Russian Federation do not apply unless another rule is specified in the contract.