08.02.13
Samples of rental agreements
Let's start by looking at what kind of agreement can be concluded when renting out your home.
The choice here is predetermined by the legislator:
- If residential premises are rented to a legal entity , then a lease ( Chapter 34 of the Civil Code of the Russian Federation
); - If residential premises are rented to an individual rental agreement is concluded ( Chapter 35 of the Civil Code of the Russian Federation
).
Lease agreement and its difference from lease
The first thing that should be clarified is: in what situations is a residential premises rented and when is it rented? Chapter 34 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code) is devoted to the rental form of real estate ownership; Chapter 35 is devoted to hiring.
Rent
Rent is a broader and more complex concept. In accordance with Article 607, the subject of the transaction can be land plots, enterprises, economic complexes, residential/non-residential real estate, equipment, and transport. In a word, everything that does not lose its properties during operation. This type of transaction is the prerogative of entrepreneurial and economic activity.
Hiring
The object of rental is only housing, which is recorded in Chapter. 35 Civil Code. The essence of transactions follows from the definition of a legal agreement (Article 671 of the Civil Code):
- a residential lease agreement involves the transfer by the owner of the property to another person for temporary possession/use for a limited period for a fixed payment. The agreement is concluded only between individuals, the entrusted property is used only for residence;
- The provision of residential real estate to legal entities is carried out under lease agreements. A removable object cannot be used in the activities of the enterprise.
A rental agreement for an apartment or other housing is drawn up for a specific person. If residential premises are transferred for use to a legal entity for a fee for a certain period of time, a lease agreement is used.
Flaws
The legal registration of a person without the right to reside is regulated by a special agreement. It makes it possible to exclude any claims to shared ownership of this residential area.
The procedure also has negative aspects:
- in the case of voluntary deportation, a person can only be evicted through the courts;
- if a person is registered at an address, he has the right to register his child (under 18 years of age) without asking permission from the property owner;
- The child has no property rights, but it will be difficult to sign him out;
- if there are family ties with such registration, then the registered citizen is considered a family member;
- It will take a lot of time to evict (even at your own request).
In accordance with the agreement, the person is registered at the specified address, but the passport is not stamped.
Objects and parties to the agreement
When planning to rent a living space, people are guided by practical considerations. Reasonable price, condition of the property, its location, accommodating owner - everything you need for a comfortable stay.
The exact requirements of the Civil Code for a removable object are contained in Art. 673:
- The subject of a standard agreement is only isolated premises: apartments, private houses, cottages, part of a house or apartment;
- suitability for living is determined on the basis of the norms of the Housing Code, sanitary and hygienic and building standards;
- a rental agreement for an apartment in an apartment building allows the tenant to use common property in accordance with Art. 290 GK.
It will not be possible to officially rent an emergency housing subject to demolition, a “corner” in the hallway of an apartment, a veranda in a cottage or a dressing room. Placing a tenant in a sleeping area in the kitchen or on the loggia is also not an option.
The parties to the agreement are:
- lessor - a person who rents out real estate. This is the owner of the premises or his representative;
- tenant - the party receiving the apartment, an adult capable citizen.
If the contract is executed for a legal entity, the company acts as a lessee.
Is it possible to register a person without the right of residence?
According to the Housing Code, the owner of the property retains the right to register not only relatives, but also strangers. What type of registration there will be depends on the agreement between the owner and the person being registered.
The following registration features are taken into account:
- on the territory of one residential area it is allowed to simultaneously issue permanent and temporary registration;
- It is unacceptable to register 1 type of registration in two apartments.
The registered person has a choice - to live in this apartment on a permanent basis or not to appear there at all. Registration without the right of residence is not a reason to count on part of the real estate.
The Civil and Housing Legislation does not contain the specific term “registration without the right of residence.”
In fact, the process of registering a person means that he must be provided with the right to reside. The owner of the property and the person registering discuss the conditions of registration and residence, spelling out this issue in the agreement.
Contents of the agreement
In accordance with Art. 674 of the Civil Code, a written form of a residential lease agreement is used. The law does not require notarization, but does not prohibit it either. The participation of a notary guarantees the legal literacy of the document.
If the parties decide to act independently, the agreement must be drawn up taking into account the requirements of the law, otherwise the contract will be void.
Essential terms include:
- detailed characteristics of the property being delivered;
- fee size;
- details and signatures.
As practice shows, disputes when renting an apartment are easier to resolve if the agreement is drawn up according to a standard template.
| Information on transaction participants | Full name, passport details, date and place of birth, address of permanent or temporary registration | The information is indicated without abbreviations, and is also identical to the passport |
| Property characteristics | Cadastral number, exact address, intended purpose, technical parameters | To be sure, use the cadastral passport of the property, a current extract from Rosreestr |
| Landlord's title documents | Ownership or representation | This point should be checked carefully. Confirmation is not words, but documents:
|
| Cost of hiring | Consists of:
| If the law has established a limit for payment, the contractual amount should not exceed this limit |
| Calculation procedure | Selected at the discretion of the parties:
| When the payment deadline is not set, payment occurs every month in accordance with the Housing Code of the Russian Federation |
| Duration of hire/contract | Must not exceed 5 years | If not specified, the contract is automatically set for 5 years (Article 683 of the Civil Code) |
| Rights and obligations of the parties |
| This section should not contradict the Civil Code of the Russian Federation, the Housing Code of the Russian Federation, or the Rules for the Use of Residential Premises. The same standards apply when there is no section in the contract |
| Force majeure and liability of the parties | Procedure for the parties in case of damage to the premises, sanctions for violation of the terms of the contract | Grounds for termination |
After agreeing on all terms, the contract is sealed with the signatures of the parties. In the absence of a facsimile of at least one of the participants, the written agreement is considered not concluded. Now you can pick up the keys and move into the room.
What does the law say?
When planning to register a relative or a stranger without the right of residence, you should remember some nuances.
The legislation does not mention such registration - it is simply not provided for . The registration note will not contain any information. However, when concluding an agreement, you should not break the laws.
If 1 apartment owner (and there are several of them) accepts the procedure, then the rest give him notarized powers of attorney. Such registration is considered fictitious, and a fine is paid for it.
How to register a child at the place of registration of the mother? Find out in the article.
How to accept and rent out rental housing
It is better to cross the threshold of someone else’s apartment with a transfer deed, attaching it to the rental agreement. It is in the interests of the tenant to thoroughly inspect the premises being accepted. Any shortcomings, especially those related to the state of communications, furnishings and expensive equipment, must be included in the act.
The owner should make a note that the premises and the property located inside are transferred in proper condition. According to the same scheme, the owner of the property takes over from the tenant.
Documents required for registration
Like any other action with real estate, registration of a person requires a certain list of documentation.
- passport of the employer and the person registering;
- lease agreement (or other document of ownership);
- a statement from everyone living in the apartment;
- departure slip;
- extract from the house register and personal account.
In addition to consent, all residents will also be required to coordinate registration with the landlord - an employee who represents local authorities.
To register a child, you need to collect the following package of documentation:
- parents' passports;
- baby's birth certificate;
- Marriage certificate;
- extract from personal account;
- an extract from the house register;
- Statement from the child's mother and father.
Is it possible to cancel the rental/hiring early?
The law allows you to take such a step at any time. The initiator is the owner of the property when:
- deviations from the operating conditions of the premises;
- deterioration of the housing condition as a result of the actions of the tenant;
- violation of rules of residence in an apartment building;
- delays in payments for more than 2 months in a row.
The tenant has the right to refuse rent in the following situations:
- the owner has not provided access to the premises and is preventing occupancy;
- the condition of the housing does not allow for organizing life at a decent level or poses a danger to life and health;
- the technical performance of the premises has deteriorated due to reasons beyond the control of the user;
- other violations of the agreement by the owner.
The tenant has the right to cancel the contract at any time by notifying the owner in writing (3 months in advance). The owner will be able to pick up the keys to the property only by a court decision.
Permanent type of registration without ownership rights
Citizens who do not have their own apartment are forced to face the problem of permanent registration. Not every homeowner will want to register a stranger in their home. This reluctance is explained by the presence of problems in the future when it will be necessary to dispose of the property.
The registered person will not have the right to dispose of the living space, and she has no right to claim a share of this apartment . If a person does not want to be discharged voluntarily, this can only be done through the court.
A citizen has the right to register his minor child without the consent of the owner. But he will not have any rights to this housing.
Evicting a child will be even more difficult. Even the court is not always on the applicant’s side.
Lawyers recommend 2 solutions - not to put a mark in the passport or to draw up an agreement.
Nuances of the rental agreement
The duration of housing delivery is determined by the parties independently, taking into account the general 5-year limit. The legislative procedure for long-term employment (from one year) has been worked out more specifically. More often, Russians use a short-term rental agreement for residential premises for up to 1 year. For example, for a day, a week, a couple of months. Sometimes the count is even calculated in hours. Here the interests of the parties are less protected: the provisions of Articles 680, 684-686, paragraph 2 of Art. 687.
The Civil Code of the Russian Federation considers a written agreement to be the basis for renting housing. At the same time, the absence of a documentary agreement or cancellation of the contract due to violations of the drafting regulations will not lead to the severance of the rental relations of citizens.
Special cases are minor owners. For a transaction with a child’s apartment/house, you will have to obtain permission from the guardianship authorities. When children's rights are violated, the court protects the rights of children and adolescents to the maximum extent possible.
When renting out real estate for a short period of time, registration of a residential rental agreement is not necessary. Agreements from one year to the next are a reason to visit Rosreestr. It is not the document itself that is subject to accounting, but the legal status of the encumbrance of the owner’s rights to the premises of the original owner. A well-drafted document will streamline the interaction of the parties and will become an evidence base in court.
How much does it cost?
It should be remembered that the registration process is free - no state fee is paid. There is a nuance to this. Not every person has a relative who agrees to register with him. A stranger charges for this.
Such services cost from 20 to 150 thousand rubles per year.
Expert opinion
Makarov Igor Tarasovich
Legal consultant with 8 years of experience. Specialization: criminal law. Extensive experience in document examination.
Registration without the right of residence, do you need to pay utilities?
A property owner who has decided to register other citizens in his home must understand that this automatically entails an increase in utility bills.
At the same time, the newly registered citizen does not have to pay for utilities.
This provision is regulated by current legislation and at the same time contains many subtleties and nuances. In our country, a fairly common practice is registration without property rights to housing. There will be some peculiarities here that you need to know.
Temporary registration without the right to living space
If you need to register for a certain period, a temporary registration is issued. The period of registration in this case is limited. In addition, the registered person will not have any rights to the property. For greater protection of real estate, an agreement is also drawn up. The minimum period of registration is 1 month, the maximum is 5 years.
It can be extended an unlimited number of times.
Even if a relative is registered in the apartment, this does not give him the right to dispose of the property. To avoid unpleasant situations, it is better to immediately draw up an agreement in which the fact of the absence of rights to the apartment is recorded.
Is it possible to register in SNT? Read in the article.
How much does a Schengen visa cost? See here.
Responsibility for fictitious registration
The violator faces criminal liability. It is regulated by Article 322.2 of the Criminal Code.
The fine in this case reaches 500 thousand rubles or forced labor for up to 3 years.
Thus, registering a person and not giving him any rights to live in an apartment is possible only in theory. By going to court, citizens defend their own right to live at their registration address. Otherwise, it will be considered fictitious. And this threatens the owner of the property with liability.
The contract is a binding document . It guarantees that the registered person does not have any rights regarding the apartment (house).
Even if it is a relative or a good friend, it is better to draw up an agreement. For it to have legal force, it must be certified by a notary.
The registration of people without property rights poses no threat to the owner of the property. Even if it is registration on a permanent basis.
- Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
- All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.
That's why FREE expert consultants work for you around the clock!
- via the form (below), or via online chat
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The presence of registration presupposes residence at this particular address, and an agreement on registration without the right of residence actually documents a fictitious registration.
Citizens of the Russian Federation have the right to freedom of movement and choice of place of residence; the only requirement for them is to declare their new location.
Registration does not affect ownership, so owners should not worry, but to protect themselves, draw up a bilateral agreement on the right to use their residential premises.
Hello! We have three children, the father wants to register an apartment for his youngest son... Can I apply for my part of the apartment without having a residence permit?
If you want to get advice, then write not in the comments, but in the online consultant or through the form above.
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General provisions
Expert opinion
Makarov Igor Tarasovich
Legal consultant with 8 years of experience. Specialization: criminal law. Extensive experience in document examination.
Not every citizen has his own living space. But at the same time, he simply needs to have a place of residence and official registration. From here it should be understood that registration can have two options:
Both of these options are regulated by law and each have their own characteristics. If we turn to the law, it will become clear that each type of registration is a method of fixing citizens in a specific place.
